'"
Also further: "that any provision that may be adopted by such state
government, in relation to the freed people of such State, which shall
recognize and declare their permanent freedom, provide for their
education, and which may yet be consistent, as a temporary arrangement,
with their present condition as a laboring, landless, and homeless
class, will not be objected to by the national executive. And it is
suggested as not improper that, in constructing a loyal state government
in any State, the name of the State, the boundary, the subdivisions, the
constitution, and the general code of laws, as before the rebellion, be
maintained, subject only to the modifications made necessary by the
conditions hereinbefore stated, and such others, if any, not
contravening said conditions, and which may be deemed expedient by those
framing the new state government."
Concerning this proclamation, the message which communicated it noted:
that it did not transcend the Constitution; that no man was coerced to
take the oath; and that to make pardon conditional upon taking it was
strictly lawful; that a test of loyalty was necessary, because it would
be "simply absurd" to guarantee a republican form of government in a
State "constructed in whole, or in preponderating part, from the very
element against whose hostility and violence it is to be protected;"
that the pledge to maintain the laws and proclamations as to slavery was
a proper condition, because these had aided and would further aid the
Union cause; also because "to now abandon them would be not only to
relinquish a lever of power, but would also be a cruel and astounding
breach of faith.
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