at state liberty, and the two proclamations of September 22, 1862, and January 1, 1863,[18] mark the basis of the executive plan of reconstruction. The Pierpoint government of Virginia had been recognized in 1861, but its recognition was in harmony with the early attitude of Congress towards the States, and involved no questions which could show a distinct executive policy.

In 1862, after the capture of New Orleans, a military governor of Louisiana was appointed, many persons in the vicinity of New Orleans were enrolled as citizens of the United States, and two districts elected representatives to Congress, under the provisions of the old state constitution.[19] In this case there was a distinct development of the executive policy. Here was a military governor, appointed by the President and so an instrument of the Executive, interfering with the civil government of the State, controlling elections, deciding what districts were entitled to elections, and fixing the date of election. This was very different from simple restoration, with its theory that the national government must in no way interfere with the State governments. And when the two members elect, Messrs. Flanders and Hahn, presented themselves for admission into the House of Representatives, the Democrats, consistently with their belief in restoration, which up to that time had met with no serious opposition, opposed their admission strongly. In the discussion which arose, Mr. Voorhees well expressed the difference in theory between the Democratic view and that which was ultimately to be adopted. The problem was stated by him as follows:[20] “If the Southern Confederacy is a foreign power, an independent nationality to-day, and you have conquered back the territory of Louisiana, you may then substitute a new system of laws in the place of the laws of that State. You may then supplant her civil institutions by institutions made anew for her by the proper authority of this Government—not by the executive, but by the legislative branch of the Government, assisted by the Executive simply to the extent of signing his name to the bills of legislation.” “But if the theory we have been proceeding upon here, that this Union is unbroken; that no States have sundered the bonds that bind us together; that no successful disunion has yet taken place—if that theory is still to prevail in these halls, then this can not be done. You are as much bound to uphold the laws of Louisiana in all their extent and in all their parts, as you are to uphold the laws of Pennsylvania or New York, or any other State whose civil policy has not been disturbed.”

The strong appeal to remain true to the theory first maintained by Congress, did not succeed in shutting the Louisianians out, and for one month, February to March, 1863, they were recognized as members. The later refusal to admit members from insurrectionary States was due, not to a supposed inconsistency with restoration proper, but to dislike of the presidential policy.

And now with emancipation still another element entered into the question, and in the future reconstruction, Congress was of necessity forced to follow to a certain extent a new path laid out by the President. A State after January, 1863, in order to resume its former relations, must at least make one change in its institutions, and perfect restoration could no longer be considered. True, a large minority opposed the emancipation policy of the President, and their discontent took expression in resolutions such as Mr. Conway introduced into the House on December 15, 1862, in which he says that “the seceded States can only be put down, if at all, by being regarded as out of constitutional relations with the Union,” implying, of course, the inability of the President to extinguish their local institutions. But such resolutions were never considered, while resolutions endorsing the policy of the President were agreed to.[21]

The next step in the development of the President’s policy was the formation of a definite program, which States wishing to be restored to equal rights with the loyal States should follow. This plan of reconstruction, called by him at a later period the “Louisiana plan,” was officially announced by the proclamation of December 8, 1863, and the annual message to Congress of the same date defended the stand taken.[22] This proclamation granted amnesty to all citizens (excepting certain specified classes[23]) who would take an oath to support the Constitution, as well as all acts of Congress and proclamations of the President relating to slaves; and declared that whenever one-tenth of the voters of any insurrectionary State should take the oath, and re-establish their state government, “which shall be republican, and in no wise contravening said oath,” that government would be recognized as the true government of the State and would receive the protection guaranteed to the States. But all questions concerning admission to Congress would, in accordance with the provisions of the Constitution, rest entirely with the respective houses of Congress. The questions of negro suffrage and federal supervision of the freedmen were not touched, and no provision was made to ensure good faith in reconstruction, beyond the mere oath exacted, and the general oversight of the President.

5. Under the provisions of the proclamation, three States, Louisiana, Arkansas, and Tennessee,[24] set up new governments, which were recognized by the President as true governments.[25] Congress, however, was by no means satisfied with this lenient way of treating the humbled States. The feeling that the executive was encroaching upon the legislative power added strength to the discontent. Many thought that if the presidential policy, without modification, were carried out, the reconstructed States would speedily revert to the control of the very element against whom the war had been waged. The House, by a strict party vote,[26] authorized the appointment of a select committee of nine, to consider that portion of the President’s message relating to reconstruction, with authority to report by bill or otherwise. Henry Winter Davis was appointed chairman. Resolutions were submitted by Mr. Williams on March 14, 1864, which were backed by a sentiment in Congress that was of