By Florin Diacu

To the reminiscence of Aristide Halanay (1924-1997) of the collage of Bucharest, founding editor of theJournal of Differential Equations.

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He wants the proper eqUilibrium preserved between the three coordinate branches of the Federal Government. And because he will not violate every pledge of faith that the Republican party made to the people in 1864, he is to be branded here as a tyrant and usurper.... This Congress, by its acts, through this central directory of fifteen [the Joint Committee on Reconstruction] SLAVERY AS AN INTERPRETIVE ISSUE 37 is sapping the very lifeblood and weakening the very foundations of this Government. Let us leave the landmarks of this Government as they were when the Government was made.

When it comes to actual disputes about our knowledge of slavery, the Civil War, and Reconstruction, the debate will not be epistemological. The debate, finally, will be over historical evidence and its significance, such as the dimensions of slavery politics, the structure of references that is discernible in the speeches of Reconstruction congressmen, and the Harvard connection between Frankfurter and Fairman. This is not a return to pOSitivism. It is simply a recognition of truth in the Kuhnian sense, and, as Fish has remarked, this is an occasion for neither cynicism nor despair.

I] believe that all further guarantees, by way of constitutional amendment or otherwise, as conditions precedent to a cautious and discriminating admission ofloyal Representatives from States and districts whose inhabitants have been in insurrection, but who now present themselves in an attitude of loyalty and harmony are unnecessary, impolitic, un statesmanlike and prejudiCial to the peace and welfare of the country.... The question is simply one of union or disunion .... 61 In a similar fashion, Rep.

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