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[259] fulfilled before the first act could be done by a citizen relative to his state government. Such a government was not republican, for its powers were not derived from the consent of the governed. Its powers were derived from voters who had, under oath, said:
I will abide by and faithfully support all acts of Congress, passed during the existing rebellion with reference to slaves, so long and so far as not repealed, modified, or held void by Congress or by decision of the Supreme Court; and that I will in like manner abide by and faithfully support all proclamations of of the President, made during the existing rebellion having reference to slaves, so long and so far as not modified or declared void by decision of the Supreme Court.

Such a state government was not in the interest of the people, but in the interest of the United States government. The true republican organization, which had been ‘instituted’ by the free ‘consent of the governed to effect their safety and happiness,’ had been repudiated by the government of the United States as in rebellion to it; this fiction had been set up, not by the free consent of the people, which alone could give to it any ‘just powers,’ not ‘to effect their safety and happiness,’ for which alone a republican state government can be instituted, but solely to secure the safety and supremacy of the government of the United States. The qualification of the voter was prescribed by the United States government, and the oath required him to recognize allegiance to the Union as supreme over that to the state of which he was a citizen. Thus the voters under the state government of Virginia were required first to protect the government of the United States, and then they were at liberty to look after their own interests through the state government.

Now, it is charged that such acts on the part of the United States government were not only entirely unconstitutional, but they caused the complete subversion of the states. The Constitution of the United States knows states in the Union only as they are republican states. The government of the United States was conscious of this fact, and publicly recognized it when it promised to guarantee a republican form of government to each one that it sought to reconstruct. But it violated the Constitution when it sought to place in the Union mere fictions which had not the first element of a republic, which were groundless fabrications of its own minions that could not have existed a day without the military support which they received. Further, it is to be remembered that it does not come within the grants of the Constitution, consequently not within the powers of the government of the United States, to institute a republican form of government at any time or in any place. Such an act is neither

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