The Atlantic Monthly, page 219 by Various Authors
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uccess is assured, that the only effect of beating a Southern Rebel in the field is to exalt him into a maker of laws for his antagonist.
In the minority Report of the Congressional Joint Committee on Reconstruction, which is designed to supply the new party with constitutional law, this theory of State Rights is most elaborately presented. The ground is taken, that during the Rebellion the States in which it prevailed were as "completely competent States of the United States as they were before the Rebellion, and were bound by all the obligations which the Constitution imposed, and entitled to all its privileges"; and that the Rebellion consisted merely in a series of "illegal acts of the citizens of such States." On this theory it is difficult to find where the guilt of rebellion lies. The States are innocent because the Rebellion was a rising of individuals; the individuals cannot be very criminal, for it is on their votes that the committee chiefly rely to build up the National Union Party. Again, we are informed that, in respect to the admission of representatives from "such States," Congress has no right or power to ask more than two questions. These are: "Have these States organized governments? Are these governments republican in form?" The committee proceed to say: "How they were formed, under what auspices they were formed, are inquiries with which Congress has no concern. The right of the people to form a government for themselves has never been questioned." On this principle, President Johnson's labors in organizing State governments were works of supererogation. At the close of active hostilities the Rebel States had organized, though disloyal, governments, as republican in form as they were before the war broke out. The only thing, therefore, they were required to do was to send their Senators and Representatives to Washington. Congress could not have rightfully refused to receive them, because all questions as to their being loyal or disloyal, and as to the changes which the war had wrought