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 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.
Pages:
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
303
304
305