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[419] on by popular local action, without any Federal initiative or interference other than prompt Federal recognition and substantial military support and protection.

But in other seceded States there was no such groundwork of loyal popular authority upon which to rebuild the structure of civil government. Therefore, when portions of Tennessee, Louisiana, Arkansas, and North Carolina came under Federal control, President Lincoln, during the first half of 1862, appointed military governors to begin the work of temporary civil administration. He had a clear and consistent constitutional theory under which this could be done. In his first inaugural he announced the doctrine that , “the union of these States is perpetual” and “unbroken.” His special message to Congress on July 4, 1861, added the supplementary declaration that “the States have their status in the Union, and they have no other legal status.” The same message contained the further definition:

The people of Virginia have thus allowed this giant insurrection to make its nest within her borders; and this government has no choice left but to deal with it where it finds it. And it has the less regret, as the loyal citizens have, in due form, claimed its protection. Those loyal citizens this government is bound to recognize and protect, as being Virginia.

The action of Congress entirely conformed to this theory. That body admitted to seats senators and representatives from the provisional State governments of West Virginia and Missouri; and also allowed Senator Andrew Johnson of Tennessee to .retain his seat, and admitted Horace Maynard and Andrew J. Clements as representatives from the same State, though since their election Tennessee had undergone the usual

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