He might and should, as
commander-in-chief of the army and navy, govern them as military
departments, by his lieutenants, till Congress could either
create provisional civil governments for them or recognize them
as self-governing States in the Union; but he has no right, under
the constitution nor under the war power, to appoint civil
governors, permanent or provisional; and every act he has done in
regard to reconstruction is sheer usurpation, and done without
authority and without the slightest plea of necessity. His acts
in this respect, even if wise and just in themselves, are
inexcusable, because done by one who has no legal right to do
them. Yet his usurpation is apparently sustained by public
sentiment, and a deep wound is inflicted on the constitution,
which will be long in healing.
The danger in this respect is all the greater because it did not
originate with the rebellion, but had manifested itself for a
long time before. There is a growing disposition on the part of
Congress to throw as much of the business of government as
possible into the hands of the Executive. The patronage the
Executive wields, even in times of peace, is so large that he has
indirectly an almost supreme control over the legislative branch
of the government. For this, which is, and, if not checked will
continue to be, a growing evil, there is no obvious remedy,
unless the President is chosen for a longer term of office and
made ineligible for a second term, and the mischievous doctrine
of rotation in office is rejected as incompatible with the true
interests of the public.
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