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 be done which he believes very necessary； but which are not within his competency； is； if Congress is not in session； to call it together at the earliest practicable moment； and submit the matter to its wisdom and discretion。
It must be remembered that the late rebellion was not a merely personal but a territorial rebellion。 In such a rebellion； embracing eleven States； and； excluding slaves； a population of at least seven millions； acting under an organized territorial government； preserving internal civil order； supporting an army and navy under regularly commissioned officers； and carrying on war as a sovereign nationin such a territorial rebellion no one in particular can be accused and punished as a traitor。 The rebellion is not the work of a few ambitious or reckless leaders； but of the people； and the responsibility of the crime； whether civil or military； is not individual； but common to the whole territorial people engaged in it； and seven millions； or the half of them； are too many to ban to exile； or even to disfranchise Their defeat and the failure of their cause must be their punishment。 The interest of the country； as well the sentiment of the civilized worldit might almost be said the law of nationsdemands their permission 333 to return to their allegiance； to be treated according to their future merits； as an integral portion of the American people。
The sentiment of the civilized world has much relaxed from its former severity toward political offenders。 It regards with horror the savage cruelties of Great Britain to the unfortunate Jacobites； after their defeat under Charles Edward； at Culloden； in 1746； their barbarous treatment of the United Irishmen in 1798； and her brutality to the mutinous Hindoos in 1857…'58； the harshness of Russia toward the insurgent Poles； defeated in their mad attempts to recover their lost nationality； the severity of Austria； under Haynau； toward the defeated Magyars。 The liberal press kept up for years； especially in England and the United States； a perpetual howl against the Papal and Neapolitan governments for arresting and imprisoning men who conspired to overthrow them。 Louis Kossuth was no less a traitor than Jefferson Davis； and yet the United States solicited his release from a Turkish prison； and sent a national ship to bring him hither as the nation's guest。 The people of the United States have held from the first 〃the right of insurrection；〃 and have given their moral support to every insurrection in the Old or New World they discovered； and for them 334 to treat with severity any portion of the Southern secessionists； who； at the very worst； only acted on the principles the nation had uniformly avowed and pronounced sacred； would be regarded； and justly； by the civilized world as little less than infamous。
Not only the fair fame； but the interest of the Union forbids any severity toward the people lately in arms against the government。 The interest of the nation demands not the death or the expulsion of the secessionists； and； least of all； of those classes proscribed by the President's proclamation of the 29th of May； 1865； nor even their disfranchisement； perpetual or temporary； but their restoration to citizenship； and their loyal co…operation with all true…hearted Americans； in hearing the wounds inflicted on the whole country by the civil war。 There need be no fear to trust them。 Their cause is lost； they may or may not regret it； but lost it is； and lost forever。 They appealed to the ballot…box； and were defeated； they appealed from the ballot…box to arms； to war； and have been again defeated； terribly defeated。 They know it and feel it。 There is no further appeal for them； the judgment of the court of last resort has been rendered； and rendered against them。 The cause is finished； the controversy closed； 335 never to be re…opened。 Henceforth the Union is invincible； and it is worse than idle to attempt to renew the war against it。 Henceforth their lot is bound up with that of the nation； and all their hopes and interests； for themselves and their children； and their children's children； depend on their being permitted to demean themselves henceforth as peaceable and loyal American citizens。 They must seek their freedom； greatness； and glory in the freedom； greatness； and glory of the American republic； in which； after all； they can be far freer； greater； more glorious than in a separate and independent confederacy。 All the arguments and considerations urged by Union men against their secession； come back to them now with redoubled force to keep them henceforth loyal to the Union。
They cannot afford to lose the nation； and the nation cannot afford to lose them。 To hang or exile them； and depopulate and suffer to run to waste the lands they had cultivated； were sad thrift； sadder than that of deporting four millions of negroes and colored men。 To exchange only those excepted from amnesty and pardon by President Johnson； embracing some two millions or more； the very pars sanior of the Southern population； for what would re… 336 main or flock in to supply their place； would be only the exchange of Glaucus and Diomed； gold for brass； to disfranchise them； confiscate their estates； and place them under the political control of the freedmen； lately their slaves； and the ignorant and miserable 〃white trash；〃 would be simply to render rebellion chronic； and to convert seven millions of Americans； willing and anxious to be free； loyal American citizens； eternal enemies。 They have yielded to superior numbers and resources； beaten； but not disgraced； for they have； even in rebellion； proved themselves what they arereal Americans。 They are the product of the American soil； the free growth of the American republic； and to disgrace them were to disgrace the whole American character and people。
The wise Romans never allowed a triumph to a Roman