thought his people would consider it less than their due and would not ratify it. But Lee thought that Virginia would accept it, and then decide the question of suffrage according to her preponderating interest; that at present she would prefer the smaller representation, but would hold herself ready to extend the suffrage if at any time the freedmen should show a capacity to vote properly and understandingly.

So far, the Fourteenth Amendment seems now to embody a sound statesmanship. But the remaining article must be judged by itself. It excludes from all State and national offices all those, who, having taken an official oath to support the Constitution, have afterward taken part in insurrection and rebellion. This was ingeniously framed with an appearance of justice, as if debarring from office only. those who to rebellion had added perjury. But, as a matter of ethics, the breaking of official oaths is an inevitable incident of every revolution; and just as war is held to suspend in a measure the command thou shalt not kill," so revolution must be held to cancel the obligation of official oaths. The opposite view would affix the full guilt of perjury to many leaders in the American Revolution, perhaps to Washington himself. It was not really as perjurers that the excluded class were debarred from office, but as prominent leaders in the rebellion, so marked by having previously held office. It shut out, and was so intended, a class not only very large in numbers but including the best intelligence and social leadership of the South. To exclude these men from all political leadership in the new régime was in flat defiance of that statesmanship, as wise as magnanimous, which Andrew and Beecher had voiced. one New England observer put the matter, it would help matters greatly if no man favored a government for others that he would not like to live under himself; now how

As

would it work in Massachusetts to exclude from the government the whole Republican party? Yet the Democrats in the State have ten times the knowledge, character and ability, that are possessed in the South by the elements free from stain of rebellion.

The disqualification, to be sure, was removable in each case by a two-thirds vote of Congress. But it could not be foreseen how Congress would be disposed; and in fact, the President's pardon, so freely given, had been by Congress expressly deprived of any political value; being held to exempt only from legal pains and penalties. The new exclusion, if adopted, could hardly work other than disastrously. And, being offered, as the entire amendment necessarily was, for acceptance or rejection by all the States, this provision was as well suited to repel the South as if it had been designed for that purpose. It offended that loyalty to their tried leaders in stress and storm which is one of the best traits in a people's character. Compare it with Beecher's saying of a few months earlier, "I think it to be the great need of this nation to save the self-respect of the South." The difference measures the degree of the mistake under which the mass of the North were still laboring. They looked upon the rebellion as a moral and personal crime. They had no comprehension of the Southern standpoint; and, sure that their own cause was just, they believed that their opponents were not only mistaken but morally guilty. As it was hardly possible to suppose the 8,000,000 to have all gone wrong out of individual perversity, the current view at the North was that Secession sprang from a conspiracy; that its leaders had secretly plotted, like Aaron Burr, and thus misled their followers. The impulse to inflict death or imprisonment or confiscation on anybody was infrequent or short-lived; the desire for such punishment lingered only in an irrational wish for

vengeance on Jefferson Davis. But, if the leading class in the society and public life of the South were morally responsible for a great treason and rebellion, it might seem not only just but wise to exclude them from the new political order.

The critics of the reconstruction policy are often challenged by its defenders with the question, "But what better course can you suggest, even now?" And the immense difficulty of the problem, even as calmly viewed today by the closet student, may well make us charitable toward the men who, for the most part, did the best they knew under the immediate besetment of measureless perplexities and contradictions. But while we may approve of their work in the rest of the Fourteenth Amendment, with equal emphasis we may say: The mistake was great, in the amendment and later, of shutting out the very men who should have been included. Better by far would it have been to take their counsel and co-operation even beforehand in planning the work of reconstruction. Even as to that crucial point, the legislation oppressive to the freedmen, and the deeper difficulty underlying it, the ingrained Southern attitude toward the negro as an inferior being,-even as to this, something might have been accomplished had the Southern men, who went to Washington in the vain hope of immediate admission to Congress, been met by a President of Lincoln's or Andrew's calibre. Even as it was, there were signs of promise in Georgia,-so says Rhodes in his excellent History of the United States. The newly elected Governor, Judge Jenkins, a man of "universally acknowledged probity and uprightness of character" made in his inaugural address (December 14, 1865) a strong plea for the negroes who had so faithfully cared for the lands and homes and families. of the soldiers in the field: "As the governing class individually and collectively we owe them unbounded kindness

Their rights of person

and thorough protection. and property should be made perfectly secure." To like effect spoke Alexander H. Stephens, revered by all Georgians, February 22, 1866; recalling the fidelity of the slaves during the war and the debt of gratitude it created; the obligation of honor to the poor, untutored, uninformed; asking for the negroes ample and full protection, with equality before the law as to all rights of person, liberty and property. And such equality the Georgia Legislature speedily ordained. Tennessee did the like. Rhodes expresses confidence that by gentle pressure from the President and Congress, Virginia, North Carolina and Alabama could have been persuaded to similar legislation within a twelve month, and the other States would have followed.

The excluding article in the amendment was probably made as a concession by the moderate Republicans to the radicals. It replaced an article originally reported by the committee, excluding not only from office but from the suffrage all who had taken part in the Rebellion, until July 4, 1870. The article as adopted was disliked by Sherman and Wilson, the latter especially declaring his willingness to remove the disqualifications as soon as possible after a settlement had been made. In point of fact they were removed piecemeal by Congress almost as freely as President Johnson had done the like, and were ended except for a few hundred by a sweeping amnesty in 1872.

Grant said to A. H. Stephens in April, 1866, “The true policy should be to make friends of enemies." If these men, with a few others of like temper in North and South, could have settled the terms of the new order, a different foundation might have been laid. But in default of any such happy, unlikely conjuncture of the right men in the right place, it is the deep and wide tides of public opinion that largely shape events. The average Southern view of the

negro, and the average Northern view of the "rebel," were the Scylla and Charybdis between which the ship of state steered its troubled voyage.

Returning now to the course of events,-Congress made it plain that the acceptance of the Fourteenth Amendment would bring the restoration of the South, not by a formal declaration, but by its action in promptly admitting Tennessee when within a month it ratified the amendment. So before the South and the country were now the two policies,— of Congress and the President, and the summer and autumn saw a general and eager discussion. The South waited events, hoping for the President's success. In the North there was at first a marked effort to rally conservative men of both parties to his side. A great convention was held at Philadelphia, promoted by the President, Seward, Weed and Henry J. Raymond; with delegates from every State; the first day's procession led by Massachusetts and South Carolina representatives arm-in-arm; Southern governors and judges heartily assenting to the declaration that not only is slavery dead, but nobody wants it revived; and with cordial indorsement of the President's reconstruction policy.

There was a counter-convention at Pittsburg; there were "soldiers' and sailors' conventions" on both sides. From the Cabinet three members, Speed, Denison and Harlan, resigned because their convictions were with Congress; but Stanton remained as Secretary of War, though he was now a bitter opponent of the President,-a safeguard over the army, as the radical leaders considered him, and by his attitude and natural temper a constant exasperation to his nominal chief. A fierce and bloody riot in New Orleans, of which the precise causes were obscure, but in which the negroes were the sufferers, heightened the Northern anxiety as to the general situation.