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ted States so will； or are presumed to will。 The United States have by a constitutional amendment abrogated the laws of the several States authorizing slavery； and prohibited slavery forever within the jurisdiction of the Union； and no State can now be reconstructed and be admitted into the Union with a constitution that permits slavery； for that would be repugnant to the constitution of the United States。 If the constitutional amendment is not recognized as rati… 327 fied by the requisite number of States； it is the fault of the government in persisting in counting as States what are no States。 Negro suffrage； as white suffrage； is at present a question for States。
The United States guarantee to such State a republican form of government。 And this guarantee； no doubt； authorizes Congress to intervene in the internal constitution of a State so far as to force it to adopt a republican form of government； but not so far as to organize a government for a State； or to compel a territorial people to accept or adopt a State constitution for themselves。 If a State attempts to organize a form of government not republican； it can prevent it； and if a Territory adopts an unrepublican form； it can force it to change its constitution to one that is republican； or compel it to remain a Territory under a provisional government。 But this gives the General government no authority in the organization or re…organization of States beyond seeing that the form of government adopted by the territorial people is republican。 To press it further； to make the constitutional clause a pretext for assuming the entire control of the organization or re…organization of a State； is a manifest abusea palpable violation of the constitution and 328 of the whole American system。 The authority given by the clause is specific； and is no authority for intervention in the general reconstruction of the lapsed State。 It gives authority in no question raised by secession or its consequences； and can give none； except； from within or from without； there is an overt attempt to organize a State in the Union with an unrepublican form of government。
The General government gives permission to the territorial people of the defunct State to re…organize； or it contents itself with suffering them； without special recognition； to reorganize in their own way； and apply to Congress for admission； leaving it to Congress to admit them as a State； or not； according to its own discretion； in like manner as it admits a new State； but the re…organization itself must be the work of the territorial people themselves； under their old electoral law。 The power that reconstructs is in the people themselves； the power that admits them； or receives them into the Union； is Congress。 The Executive； therefore； has no authority in the matter； beyond that of seeing that the laws are duly complied with； and whatever power he assumes； whether by proclamation or by instructions given to the provisional governors； civil or military； is 329 simply a usurpation of the power of Congress； which it rests with Congress to condone or not； as it may see fit。 Executive proclamations； excluding a larger or a smaller portion of the electoral or territorial people from the exercise of the elective franchise in reorganizing the State； and executive efforts to throw the State into the hands of one political party or another； are an unwarrantable assumption of power； for the President； in relation to reconstruction； acts only under the peace powers of the constitution； and simply as the first executive officer of the Union。 His business is to execute the laws； not to make them。 His legislative authority is confined to his qualified veto on the acts of Congress； and to the recommendation to Congress of such measures as he believes are needed by the country。
In reconstructing a disorganized State； neither Congress nor the Executive has any power that either has not in time of peace。 The Executive； as commander…in…chief of the army； may ex necessitate； pace it ad interim under a military governor； but he cannot appoint even a provisional civil governor till Congress has created the office and given him authority to fill it； far less can be legally give instructions to the civil governor as to the mode or manner of recon… 330 structing the disorganized State； or decide who may or may not vote in the preliminary reorganization。 The Executive could do nothing of the sort； even in regard to a Territory never erected into a State。 It belongs to Congress； not to the Executive； to erect Territorial or provisional governments； like those of Dacotah； Colorado； Montana； Nebraska； and New Mexico； and； Congress； not the executive； determines the boundaries of the Territory； passes the enabling act； and defines the electoral people； till the State is organized and able to act herself。 Even Congress； in reconstructing and restoring to life and vigor in the Union a disorganized State； has nothing to say as to its boundaries or its electoral people； nor any right to interfere between parties in the State； to throw the reconstructed State into the hands of one or another party。 All that Congress can insist on is； that the territorial people shall reconstruct with a government republican in form； that its senators and representatives in Congress； and the members of the State legislature； and all executive and judicial officers of the State shall be bound by oath or affirmation to support and defend the constitution of the United States。 In the whole work the President has nothing to do with reconstruction； except to see that 331 peace is preserved and the laws are fully executed。
It may be at least doubted that the Executive has power to proclaim amnesty and pardon to rebels after the civil war has ceased； and ceased it has when the rebels have thrown down their arms and submitted； for his pardoning power is only to pardon after conviction and judgment of the court： it is certain that he has no power to proscribe or punish even traitors； except by due process of law。 When the war is over he has only his ordinary peace powers。 He cannot then disfranchise any portion of the electoral people of a State that seceded； even though there is no doubt that they have taken part in the rebellion； and may still be suspected of disloyal sentiments。 Not even Congress can do it； and no power known to the constitution till the State is reconstructed can do it without due process of law； except the national convention。 Should the President do any of the things supposed； he would both abuse the power he has and usurp power that he has not； and render himself liable to impeachment。 There are many things very proper； and even necessary to be done； which are high crimes when done by an improper person or agent。 The duty of the President； when there are 332 steps to be taken or things to