Edward L. Pierce, Memoir and letters of Charles Sumner: volume 4

[213] restoration was provided. In the absence of a prescribed process, the great function of re-establishing rightful government in one half of the country belonged to the people, acting through their representative body—Congress. Clearly it was not one to be assumed by the President, acting as executive in civil matters, or as commander-in-chief. The trust is safer in the long run with the representatives of the people than with one man; for though the President for the time being may be wiser and better than Congress, he may be the reverse. The right of one President to do it in one way implies the right of another President to do it in another.

The question of reconstruction was not yet ripe for action at any time during the war. Even after the capture of Vicksburg in July, 1863, which broke up the military power of the Confederacy west of the Mississippi, the national troops held securely only sections of any of the revolted States, while other sections were still battle-grounds, or exposed to guerilla warfare; the larger part of the population lately in rebellion, though within our lines, was still hoping for the success of the Confederacy, and was in no mood to accept, in a genuinely loyal spirit, the obligations of citizens of the United States; and civil governments, if created on paper, would fail for want of respect and authority when resting, as they must rest at such a time, on a small fraction of the people. That part of the South which had been recovered, being still under military occupation and martial law, was too much a field of war to admit of the free action of citizens, or to allow civil authority to be more than nominal. Such governments if good for one purpose must be good for all—for representation in Congress and in the electoral college, as well as for State autonomy. After all the struggle to create them, beginning in 1862, Congress (the President signing with a caveat) recognized that they had no substantial basis or title to respect by the joint resolution adopted Feb. 8, 1865, which declared that the eleven rebel States, including Virginia, Louisiana, Arkansas, and Tennessee, were in such a condition at the time of the national election, Nov. 8, 1864, that no valid election for electors was held in them, and therefore no electoral votes from them should be received or counted. Clearly, therefore, they were not then, and had not been since the secession, in a condition to carry on State governments, or to be represented in Congress.