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 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 nation--in such a territorial rebellion no one
in particular can be accused and punished as a traitor.
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