thousands of laboring men who have been drawn into this rebellion—and while I say, as to the leaders, punishment, I also say leniency, conciliation and amnesty to the thousands whom they have misled and deceived.”

As Johnson said, he promulgated nothing new in this statement of his beliefs regarding the treatment of the South, save possibly a more definite affirmation of clemency to the masses. In the Nashville speech of June 9, 1864, he had still more emphatically urged extreme measures towards the leaders.[42] “Treason must be made odious, and traitors must be punished and impoverished. Their great plantations must be seized and divided into small farms, and sold to honest, industrious men. The day for protecting the lands and negroes of these authors of the rebellion is past.” Again on April 24, 1865, in an interview with a number of Virginia refugees, he reiterated the necessity of severity. In this case, perhaps owing to the nature of the interview, and the character of those to whom he was speaking, he makes no distinction between the leaders and their followers, his definition of treason apparently including all soldiers and their abettors. In it he says:[43] “It is time that our people were taught that treason is a crime, not a mere political difference, not a mere contest between two parties, in which one succeeded and the other simply failed. They must know it is treason; for if they had succeeded, the life of the nation would have been reft from it, the Union would have been destroyed. Surely the Constitution sufficiently defines treason. It consists in levying war against the United States, and in giving their enemies aid and comfort.”

The great liberality with which, beginning with the following month, the President used the pardoning power, and the extreme leniency with which all the leaders were treated, were in striking contrast with these sentiments. A situation was presented for Johnson to meet as President, which necessitated modifications of views held by him as governor. His attitude towards the leaders must be admitted to have undergone actual modification, notwithstanding his claim a few months later that he simply wished to make the leaders sue for pardon and realize the enormity of their offence.

5. The real secret of the apparently strange development of his policy, which we are about to trace out, lies in the fact that although at this time nominally a Republican, he was in reality a strict constructionist. He had always been a Democrat, and still held Democratic views. Only when secession began to be urged by the southern branch of the Democracy, did he break loose from his old ties. Accustomed to interpret the Constitution from a strict constructionist standpoint, accustomed to the belief that the power of the State was restricted only by the specific limitations of the Constitution, and that the federal government could exercise no power beyond that expressly granted it, he naturally treated the question of reconstruction from the same standpoint. The surprising thing in Johnson’s career is the fact that in spite of his strict construction views, he was strongly opposed to secession. He was therefore not strictly logical. The extreme strict constructionist claimed that the fact that the Constitution did not forbid a State from seceding, made secession constitutional. But Johnson’s love for the Union was too great to permit him to carry his strict construction views to such an extreme. On the contrary, the fact that the Constitution offered no way for a State to secede from the Union proved to him that secession was unconstitutional, and he looked upon that fact as one of the greatest safeguards for the protection of the Commonwealth.[44] To his mind it logically followed that because secession was unconstitutional, it was absolutely impossible for a State to secede, and therefore equally impossible for a State to commit treason. Individuals might commit treason and be punished therefor, but States never. However strongly at any time he may have urged the punishment of traitors, he never argued for or believed in the abrogation of any of the State’s privileges. His reputation for belief in severity was based entirely upon severity on individuals. “Make treason odious” was his favorite expression, but always used in a concrete sense.[45]

6. After his accession to the Presidency, the only modification of his policy was an increased clemency to the conquered rebel. This can be accounted for easily as the natural result of actual contact with the problem. Rhetorically to assert that all traitors must be punished is one thing—to apply the punishment is another. Then Johnson’s most able advisers approved his attitude and urged even greater moderation. Finally, his firm faith in the success of his provisional governments persuaded him to a still more liberal use of the pardoning power, while the growing opposition of Congress added the element of stubbornness to the complication. But, the true explanation of the change is to be found in his general constitutional views.

So early as April 21 he frankly states his position. In his speech on that day he says: “Provision” (in the Constitution) “is made for the admission of new States; no provision is made for the secession of old ones. * * * The Government is composed of parts, each essential to the whole, and the whole essential to each part.”[46] He emphatically urges that the Constitution provides a panacea for rebellion. “The United States (that is, the great integer) shall guarantee to each State (the integers composing the whole) in this Union a republican form of government. Yes, if rebellion has been rampant, and set aside the machinery of a State for a time, there stands the great law to remove the paralysis and revitalize it, and put it on its feet again.” He also harmonizes his strict construction views with the fact of emancipation. “A State may be in the Government with a peculiar institution, and by the operation of rebellion lose that feature; but it was a State when it went into rebellion, and when it comes out without the institution it is still a State.”

President Johnson did not allow many days to pass by after his installation, before he began to give practical evidence of his attitude towards the conquered South.[47] The first step which he made was an order, issued April 29, restoring partial commercial intercourse to that portion of the Confederate States lying east of the Mississippi river and within the lines of national military occupation. This removed at the outset one of the chief burdens that had resulted from the insurrection, and would he thought act powerfully in the restoration of peaceful pursuits in that section. The following August