第 46 节
作者:公主站记      更新:2021-04-30 17:05      字数:9322
  eral government; but imperfectly comprehend the distinction  between the legislative and executive departments of that  Government; and are far more familiar with party tactics than  with constitutional law。
  It would be difficult to imagine any thing more unconstitutional;  more crude; or more glaringly impolitic than the mode of  reconstruction indicated by the various executive proclamations  that have been issued; bearing on the subject; or even by the  bill for guaranteeing the States republican governments; that  passed 310        Congress; but which failed to obtain the President's  signature。  It is; in some measure; characteristic of the  American government to understand how things ought to be done  only when they are done and it is too late to do them in the  right way。  Its wisdom comes after action; as if engaged in a  series of experiments。  But; happily for the nation; few blunders  are committed that with our young life and elasticity are  irreparable; and that; after all; are greater than are ordinarily  committed by older and more experienced nations。  They are not of  the most fatal character; and are; for the most part; such as are  incident to the conceit; the heedlessness; the ardor; and the  impatience of youth; and need excite no serious alarm for the  future。
  There has been no little confusion in the public mind; and in  that of the government itself; as to what reconstruction is; who  has the power to reconstruct; and how that power is to be  exercised。  Are the States that seceded States in the Union; with  no other disability than that of having no legal governments? or  are they Territories subject to the Union?  Is their  reconstruction their erection into new States; or their  restoration as States previously in the Union?  Is the power to  reconstruct in the States themselves? or is it in the General  government? 311              If partly in the people and partly in the General  government; is the part in the General government in Congress; or  in the Executive?  If in Congress; can the Executive; without the  authority of Congress; proceed to reconstruct; simply leaving it  for Congress to accept or reject the reconstructed State?   If  the power is partly in the people of the disorganized States who  or what defines that people; decides who may or may not vote in  the reorganization?  On all these questions there has been much  crude; if not erroneous; thinking; and much inconsistent and  contradictory action。
  The government started with the theory that no State had seceded  or could secede; and held that; throughout; the States in  rebellion continued to be States in the Union。  That is; it held  secession to be a purely personal and not a territorial  insurrection。  Yet it proclaimed eleven States to be in  insurrection against the United States; blockaded their ports;  and interdicted all trade and intercourse of any kind with them。   The Supreme Court; in order to sustain the blockade and interdict  as legal; decided the war to be not a war against simply  individual or personal insurgents but 〃a territorial civil war。〃   This negatived the assumption that the States that took up arms  against  312         the United States remained all the while peaceable and  loyal States; with all their political rights and powers in the  Union。  The States in the Union are integral elements of the  political sovereignty; for the sovereignty of the American nation  vests in the States finite; and it is absurd to pretend that the  eleven States that made the rebellion and were carrying on a  formidable war against the United States; were in the Union; an  integral element of that sovereign authority which was carrying  on a yet more formidable war against them。  Nevertheless; the  government still held to its first assumption; that the States in  rebellion continued to be States in the Unionloyal States; with  all their rights and franchises unimpaired!
  That the government should at first have favored or acquiesced in  the doctrine that no State had ceased to be a State in the Union;  is not to be wondered at。  The extent and determination of the  secession movement were imperfectly understood; and the belief  among the supporters of the government; and; perhaps; of the  government itself; was; that it was a spasmodic movement for a  temporary purpose; rather than a fixed determination to found an  independent separate nationality; that it was and would be  sustained by the real majority 313                                of the people of none of the  States; with perhaps the exception of South Carolina; that the  true policy of the government would be to treat the seceders with  great forbearance; to avoid all measures likely to exasperate  them or to embarrass their loyal fellow…citizens; to act simply  on the defensive; and to leave the Union men in the several  seceding States to gain a political victory at the polls over the  secessionists; and to return their States to their normal  position in the Union。
  The government may not have had much faith in this policy; and  Mr。 Lincoln's personal authority might be cited to the effect  that it had not; but it was urged strongly by the Union men of  the Border States。  The administration was hardly seated in  office; and its members were new men; without administrative  experience; the President; who had been legally elected indeed;  but without a majority of the popular votes; was far from having  the full confidence even of the party that elected him; opinions  were divided; party spirit ran high; the excitement was great;  the crisis was imminent; the government found itself left by its  predecessor without an army or a navy; and almost without arms or  ordnance; it knew not how far it could count on popular support;  and 314     was hardly aware whom it could trust or should distrust; all  was hurry and confusion; and what could the government do but to  gain time; keep off active war as long as possible; conciliate  all it could; and take ground which at the time seemed likely to  rally the largest number of the people to its support?  There  were men then; warm friends of the administration; and still  warmer friends of their country; who believed that a bolder; a  less timid; a less cautious policy would have been wiser; that in  revolutionary times boldness; what in other times would be  rashness; is the highest prudence; on the side of the government  as well as on the side of the revolution; that when once it has  shown itself; the rebellion that hesitates; deliberates; consults;  is defeated and so is the government。  The seceders owed from the  first their successes not to their superior organization; to  their better preparation; or to the better discipline and  appointment of their armies; but to their very rashness; to their  audacity even; and the hesitancy; cautious and deliberation of  the government。  Napoleon owed his successes as general and  civilian far more to the air of power he assumed; and the  conviction he produced of his invincibility in the minds of his  opponents; than to his civil or 315                                 military strategy and tactics;  admirable as they both were。  But the government believed it  wisest to adopt a conciliatory and; in many respects; a  temporizing policy; and to rely more on weakening the  secessionists in their respective States than on strengthening  the hands and hearts of its own staunch and uncompromising  supporters。  It must strengthen the Union party in the  insurrectionary States; and as this party hoped to succeed by  political manipulation rather than by military force; the  government must rely rather on a show of military power than on  gaining any decisive battle。  As it hoped; or affected to hope;  to suppress the rebellion in the States that seceded through  their loyal citizens; it was obliged to assume that secession was  the work of a faction; of a few ambitious and disappointed  politicians; and that the States were all in the Union; and  continued in the loyal portion of their inhabitants。  Hence its  aid to the loyal Virginians to organize as the State of Virginia;  and its subsequent efforts to organize the Union men in  Louisiana; Arkansas; and Tennessee; and its disposition to  recognize their organization in each of those States as the State  itself; though including only a small minority of the territorial  people。  Had the facts been 316                             as assumed; the government might have  treated the loyal people of each State as the State itself;  without any gross usurpation of power; but; unhappily; the facts  assumed were not facts; and it was soon found that the Union  party in all the States that seceded; except the western part of  Virginia and the eastern section of Tennessee; after secession  had been carried by the popular vote; went almost unanimously  with the secessionists; for they as well as the secessionists  held the doctrine of State sovereignty; and to treat the handful  of citizens that remained loyal in each State as the State  itself; became ridiculous; and the government should have seen  and acknowledged it。
  The rebellion being really territorial; and not personal; the  State that seceded was no more continued in the lo