Page:The Atlantic Monthly, Volume 18.djvu/646

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638
The President and his Accomplices.
[November,

until nearly all the wealth of the country was squandered, and nearly all the inhabitants exterminated. Mr. Johnson's prophetic vision of that Paradise of constitutionalism, shadowed forth in his exclamation that he would stand by the Constitution though all around him should perish, would be measurably realized; and among the ruins of the nation a few haggard and ragged pedants would be left to drone out eulogies on "the glorious Constitution" which had survived unharmed the anarchy, poverty, and depopulation it had produced. An interpretation of the Constitution which thus makes it the shield of treason and the destroyer of civilization must be false both to fact and sense. The framers of that instrument were not idiots; yet idiots they would certainly have been, if they had put into it a clause declaring "that no State, or combination of States, which may at any time choose to get up an armed attempt to overthrow the government established by this Constitution, and be defeated in the attempt, shall forfeit any of the privileges granted by this instrument to loyal States." But an interpretation of the Constitution which can be conceived of as forming a possible part of it only by impeaching the sanity of its framers, cannot be an interpretation which the American people are morally bound to risk ruin to support.

But even if we should be wild enough to admit the Johnsonian principle respecting insurgent States, the question comes up as to the identity of the States now demanding representation with the States whose rights of representation are affirmed to have been only suspended during their rebellion. The fact would seem to be, that these reconstructed States are merely the creations of the executive branch of the government, with every organic bond hopelessly cut which connected them with the old State governments and constitutions. They have only the names of the States they pretend to be. Before the Rebellion, they had a legal people; when Mr. Johnson took hold of them, they had nothing but a disorganized population. Out of this population he by his own will created a people, on the principle, we must suppose, of natural selection. Now, to decide who are the people of a State is to create its very foundations,—to begin anew in the most comprehensive sense of the word; for the being of a State is more in its people, that is, in the persons selected from its inhabitants to be the depositaries of its political power, than it is in its geographical boundaries and area. Over this people thus constituted by himself, Mr. Johnson set Provisional Governors nominated by himself. These Governors called popular conventions, whose members were elected by the votes of those to whom Mr. Johnson had given the right of suffrage; and these conventions proceeded to do what Mr. Johnson dictated. Everywhere Mr. Johnson; nowhere the assumed rights of the States! North Carolina was one of these creations; and North Carolina, through the lips of its Chief Justice, has already decided that Mr. Johnson was an unauthorized intruder, and his work a nullity, and even Mr. Johnson's "people" of North Carolina have rejected the constitution framed by Mr. Johnson's Convention. Other Rebel communities will doubtless repudiate his work, as soon as they can dispense with his assistance. But whatever may be the condition of these new Johnsonian States, they are certainly not States which can "recover" rights which existed previous to their creation. The date of their birth is to be reckoned, not from any year previous to the Rebellion, but from the year which followed its suppression. It may, in old times, have been a politic trick of shrewd politicians, to involve the foundations of States in the mists of a mythical antiquity; but we happily live in an historical period, and there is something peculiarly stupid or peculiarly impudent in the attempt of the publicists of the Philadelphia Convention to ignore the origins of political societies for which, after they have obtained a certain degree of organization,