The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916 Page: 20
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The Southwestern Historical Quarterly
social change in the status of the negro which resulted from the
success of the Union cause. In accordance with the Emancipa-
tion Proclamation, as it was" interpreted in military circles, the
negro slaves became freemen whenever the federal forces obtained
control of certain Southern States and districts.28 This applica-
tion of the war power was later confirmed by the ratification of
the Thirteenth amendment to the Constitution. According to the
Chief Justice, all these acts from the beginning made it clear that
there "must be complete enfranchisement" of the freedmen.
The new freedmen necessarily became a part of the people, and
the people still constituted the State; for States, like individuals,
retain their identity, though changed to some extent in their con-
stituent elements. And it was the State, thus constituted, which
was now entitled to the benefit of the constitutional guaranty.24
Although this was a non sequitur of the most flagrant type, its
annunciation denoted how far revolutionary ideas had invaded the
court room. It may be safely said that, since the formation of
the government, the States had retained the right to determine
the suffrage qualifications. BIere it is implied that any govern-
ment which debarred the negro from equal participation in the
privileges of its citizens was not truly republican in form. This
idea was not expressly stated, but the implication is so strong that
it is impossible to doubt what was in the mind of the court. It
showed how far the judiciary had traveled from the interpreta-
tion of Daniel Webster and the ante bellum lawyers of his school.
Madison, in the Federalist, had declared that this clause had im-
posed upon the United States the duty of guaranteeing the con-
tinuity of the systems of state governments then in existence, or,
in other words, that it was an insurance against the destruction
of that form of government which was in vogue at the time of
the adoption of the Constitution and which was most certainly
considered republican.25 The primary aim was to prevent the in-
'Dunning, Essays, 133-135; Schofield, Forty-six Years in the Army, 370.
"41 Wallace, 728-729.
"See No. 43 of the Federalist (Lodge Edition), 270 et seq. There, in
discussing the guaranty clause, he says, "In a confederacy founded on re-
publican principles, and composed -of republican members, the superintend-
ing government ought clearly to possess authority to defend the system
against aristocratic or monarchical innovations." The members, therefore,
of the Union should have their republican governments "substantially
maintained." This protection and authority extend no further, said Madi-
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 19, July 1915 - April, 1916, periodical, 1916; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth101067/m1/28/: accessed June 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.