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CONGRESS, UNITED STATES. 



erate armies and government surrendered un- 

 conditionally. The law of nations then fixed 

 their condition. They were subject to the con- 

 trolling power of the conquerors. No former 

 laws, no former contracts or treaties existed 

 to bind the belligerents. They had all been 

 melted and consumed iu the fierce fires of the 

 terrible war. The United States, according to 

 the usage of nations, appointed military pro- 

 visional governors to regulate their municipal 

 institutions until the law-making power of the 

 conqueror should fix their condition and the 

 law by which they should tje permanently gov- 

 erned. True, some of those governors were 

 illegally appointed, being civilians. No one 

 then supposed that those States had any gov- 

 ernments, except such as they had formed 

 under their rebel organization. No sane man 

 believed that they had any organic or muni- 

 cipal laws which the United States were bound 

 to respect. Whoever had then asserted that 

 those States had remained unfractured, and 

 entitled to all the rights and privileges which 

 they enjoyed before the rebellion, and were on 

 a level with their loyal conquerors, would have 

 been deemed a fool, and would have been found 

 insane by any inquisition l de lunatico inqui- 

 rendoS 



"In monarchical governments, where the 

 sovereign power rests in the crown, the king 

 would have fixed the condition of the con- 

 quered provinces. He might have extended 

 the laws of his empire over them, allowed 

 them to retain portions of their old institutions, 

 or, by conditions of peace, have fixed upon 

 them new and exceptional laws. 



"In this country the whole sovereignty rests 

 with the people, and is exercised through their 

 Representatives in Congress assembled. The 

 legislative power is the sole guardian of that 

 sovereignty. No other branch of the Govern- 

 ment, no other department, no other officer of 

 the Government, possesses one single particle 

 of the sovereignty of the nation. No Govern- 

 ment official, from the President and Chief 

 Justice down, can do any one act which is not 

 prescribed and directed by the legislative power. 

 Suppose the Government were now to be organ- 

 ized for the first time under the Constitution, 

 and the President had been elected and the 

 judiciary appointed; what could either do until 

 Congress passed laws to regulate their proceed- 

 ings ? 



"What power would the President have 

 over any one subject of government until Con- 

 gress had legislated on that subject ? No State 

 could order the election of members until Con- 

 gress had ordered a census and made an appor- 

 tionment. Any exception to this rule has been 

 a work of grace in Congress by passing healing 

 acts. The President could not even create 

 bureaus or Departments to facilitate his execu- 

 tive operations. He must ask leave of Con- 

 gress. Since, then, the President cannot enact, 

 alter, or modify a single law ; cannot even cre- 

 ate a petty office within his own sphere of 



duties ; if, in short, he is the mere servant of 

 the people, who issue their commands to him 

 through Congress, whence does he derive the 

 constitutional powe*r to create new States ; to 

 remodel old ones ; to dictate organic laws ; to 

 fix the qualification of voters ; to declare that 

 States are republican and entitled to command 

 Congress to admit their Representatives? To 

 my mind it is either the most ignorant and 

 shallow mistake of his duties, or the most bra- 

 zen and impudent usurpation of power. It is 

 claimed for him by some as the Commander-in- 

 chief of the Army and Navy. Hew absurd 

 that a mere executive officer should claim crea- 

 tive powers! Though Commander-in-chief by 

 the Constitution, he would have nothing to 

 command, either by land or water, until Con- 

 gress raised both Army and Navy. Congress 

 also prescribes the rules and regulations to gov- 

 ern the Army. Even that is not left to the 

 Commander-in-chief. 



" Though the President is Commander-in- 

 chief, Congress is his commander ; and, God 

 willing, he shall obey. He and his minions 

 shall learn that this is not a Government of 

 kings and satraps, but a Government of the 

 people, and that Congress is the people. There 

 is not one word in the Constitution that gives 

 one particle of any thing but judicial and exec- 

 utive power to any other department of Gov- 

 ernment but Congress. The veto power is no 

 exception ; it is merely a power to compel a 

 reconsideration. What can be plainer ? 



All legislative powers herein granted shall be 

 vested in a Congress of the United States. Such 

 shall consist of a Senate and House of Representa- 

 tives. Constitution United States, art. 1, sec. 1. 



"To reconstruct the nation, to admit new 

 States, to guarantee republican governments to 

 old States, are all legislative acts. The Presi- 

 dent claims the right to exercise them. Con- 

 gress denies it, and asserts the right to belong 

 to the legislative branch. They have deter- 

 mined to defend these rights against all 

 usurpers. They have determined that, while 

 in their keeping, the Constitution shall not be 

 violated with impunity. This I take to be the 

 great question between the President and Con- 

 gress. He claims the right to reconstruct by 

 his own power. Congress denies him all power 

 in the matter, except that of advice, and has 

 determined to maintain such denial. ' My pol- 

 icy ' asserts full power in the Executive. The 

 policy of Congress forbids him to exercise any 

 power therein. 



" Beyond this I do not agree that the ' policy ' 

 of the parties is defined. To be sure, many 

 subordinate items of the policy of each may 

 be easily sketched. The President is for exon- 

 erating the conquered rebels from all the 

 expense and damages of the war, and for com- 

 pelling the loyal citizens to pay the whole debt 

 caused by the rebellion. He insists that those 

 of our people who were plundered and their 

 property burned or destroyed by rebel raiders 

 shall not be indemnified, but shall bear their 



