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the american republic-及44何蛍

弌傍�� the american republic 忖方�� 耽匈4000忖

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 he assumes�察�whether by proclamation or by instructions  given to the provisional governors�察�civil or military�察�is  329                                                           simply  a usurpation of the power of Congress�察�which it rests with  Congress to condone or not�察�as it may see fit。  Executive  proclamations�察�excluding a larger or a smaller portion of the  electoral or territorial people from the exercise of the elective  franchise in reorganizing the State�察�and executive efforts to  throw the State into the hands of one political party or another�察 �are an unwarrantable assumption of power�察�for the President�察�in  relation to reconstruction�察�acts only under the peace powers of  the constitution�察�and simply as the first executive officer of  the Union。  His business is to execute the laws�察�not to make  them。  His legislative authority is confined to his qualified  veto on the acts of Congress�察�and to the recommendation to  Congress of such measures as he believes are needed by the  country。

In reconstructing a disorganized State�察�neither Congress nor the  Executive has any power that either has not in time of peace。   The Executive�察�as commander´in´chief of the army�察�may ex  necessitate�察�pace it ad interim under a military governor�察�but he  cannot appoint even a provisional civil governor till Congress  has created the office and given him authority to fill it�察�far  less can be legally give instructions to the civil governor as to  the mode or manner of recon´ 330                            structing the disorganized State�察�or  decide who may or may not vote in the preliminary reorganization。   The Executive could do nothing of the sort�察�even in regard to a  Territory never erected into a State。  It belongs to Congress�察 �not to the Executive�察�to erect Territorial or provisional  governments�察�like those of Dacotah�察�Colorado�察�Montana�察�Nebraska�察 �and New Mexico�察�and�察�Congress�察�not the executive�察�determines the  boundaries of the Territory�察�passes the enabling act�察�and defines  the electoral people�察�till the State is organized and able to act  herself。  Even Congress�察�in reconstructing and restoring to life  and vigor in the Union a disorganized State�察�has nothing to say  as to its boundaries or its electoral people�察�nor any right to  interfere between parties in the State�察�to throw the  reconstructed State into the hands of one or another party。  All  that Congress can insist on is�察�that the territorial people shall  reconstruct with a government republican in form�察�that its  senators and representatives in Congress�察�and the members of the  State legislature�察�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�察�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�察�and ceased it has when the rebels have thrown down their  arms and submitted�察�for his pardoning power is only to pardon  after conviction and judgment of the court�此�it is certain that he  has no power to proscribe or punish even traitors�察�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�察�even though there is no  doubt that they have taken part in the rebellion�察�and may still  be suspected of disloyal sentiments。  Not even Congress can do  it�察�and no power known to the constitution till the State is  reconstructed can do it without due process of law�察�except the  national convention。  Should the President do any of the things  supposed�察�he would both abuse the power he has and usurp power  that he has not�察�and render himself liable to impeachment。  There  are many things very proper�察�and even necessary to be done�察�which  are high crimes when done by an improper person or agent。  The  duty of the President�察�when there are 332                                       steps to be taken or things  to be done which he believes very necessary�察�but which are not  within his competency�察�is�察�if Congress is not in session�察�to  call it together at the earliest practicable moment�察�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�察 �embracing eleven States�察�and�察�excluding slaves�察�a population of  at least seven millions�察�acting under an organized territorial  government�察�preserving internal civil order�察�supporting an army  and navy under regularly commissioned officers�察�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�察 �but of the people�察�and the responsibility of the crime�察�whether  civil or military�察�is not individual�察�but common to the whole  territorial people engaged in it�察�and seven millions�察�or the half  of them�察�are too many to ban to exile�察�or even to disfranchise Their defeat and the failure of their cause must be their  punishment。  The interest of the country�察�as well the sentiment  of the civilized worldit might almost be said the law of  nationsdemands their permission 333                                   to return to their allegiance�察 �to be treated according to their future merits�察�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�察�after their defeat under Charles Edward�察�at Culloden�察 �in 1746�察�their barbarous treatment of the United Irishmen in  1798�察�and her brutality to the mutinous Hindoos in 1857´'58�察�the  harshness of Russia toward the insurgent Poles�察�defeated in their  mad attempts to recover their lost nationality�察�the severity of  Austria�察�under Haynau�察�toward the defeated Magyars。  The liberal  press kept up for years�察�especially in England and the United  States�察�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�察�and yet the United States solicited his release  from a Turkish prison�察�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�察─�and have  given their moral support to every insurrection in the Old or New  World they discovered�察�and for them 334                                     to treat with severity any  portion of the Southern secessionists�察�who�察�at the very worst�察 �only acted on the principles the nation had uniformly avowed and  pronounced sacred�察�would be regarded�察�and justly�察�by the  civilized world as little less than infamous。

Not only the fair fame�察�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�察�and�察�least of all�察�of those classes  proscribed by the President's proclamation of the 29th of May�察 �1865�察�nor even their disfranchisement�察�perpetual or temporary�察 �but their restoration to citizenship�察�and their loyal  co´operation with all true´hearted Americans�察�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�察�they may or  may not regret it�察�but lost it is�察�and lost forever。  They  appealed to the ballot´box�察�and were defeated�察�they appealed from  the ballot´box to arms�察�to war�察�and have been again defeated�察 �terribly defeated。  They know it and feel it。  There is no  further appeal for them�察�the judgment of the court of last resort  has been rendered�察�and rendered against them。  The cause is  finished�察�the controversy closed�察�335                                   never to be re´opened。   Henceforth the Union is invincible�察�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�察�and all their hopes and  interests�察�for themselves and their children�察�and their  children's children�察�depend on their being permitted to demean  themselves henceforth as peaceable and loyal American citizens。   They must seek their freedom�察�greatness�察�and glory in the  freedom�察�greatness�察�and glory of the American republic�察�in which�察 �after all�察�they can be far freer�察�greater�察�more glorious than in  a separate and independent confederacy。  All the arguments and  considerations urged by Union men against their secession�察�come  back to them now with redoubled force to keep them henceforth  loyal to the Union。

They cannot afford to lose the nation�察�and the nation cannot  afford to lose them。  To hang or exile them�察�and depopulate and  suffer to run to waste the lands they had cultivated�察�were sad  thrift�察�sadder than that of deporting four millions of negroes  and colored men。  To exchange only those excepted from amnesty  and pardon by President Johnson�察�embracing some two millions or  more�察�the very pars sanior of the Southern population�察�for what  would re´ 336         main or flock in to supply their place�察�would be only the  exchange of Glaucus and Diomed�察�gold for brass�察�to disfranchise  them�察�confiscate their estates�察�and place them under the  political control of the freedmen�察�lately their slaves�察�and the  ignorant and miserable ;white trash�察─�would be simply to render  rebellion chronic�察�and to convert seven millions of Americans�察 �willing and anxious to be free�察�loyal American citizens�察 �eternal enemies。  They have yielded to superior numbers and  resources�察�beaten�察�but not disgraced�察�for they have�察�even in  rebellion�察�proved themselves what they arereal Americans。  They  are the product of the American soil�察�the free growth of the  American republic�察�and to disgrace them were to disgrace the  whole American character and people。

The wise Romans never allowed a triumph to a Roman

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