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United States in convention。 The United States are the one indivisible sovereign； and this sovereign governs alike general matters in the General government； and particular matters in the several State governments。 All legal authority in either emanates from this one indivisible and plenary sovereign； and hence the law enacted by a State are really enacted by the United States； and derive from them their force and vitality as laws。 Hence； as the United States survive the particular State； the lapse of the State does not abrogate the State laws； or dissolve civil society within its jurisdiction。
324 This is evidently so； because civil society in the particular State does not rest on the State alone； nor on Congress； but on the United States。 Hence all civil rights of every sort created by the individual State are really held from the United States； and therefore it was that the people of non…slaveholding States were； as citizens of the United States； responsible for the existence of slavery in the States that seceded。 There is a solidarity of States in the Union as there is of individuals in each of the States。 The political error of the Abolitionists was not in calling upon the people of the United States to abolish slavery； but in calling upon them to abolish it through the General government； which had no jurisdiction in the case； or in their sole capacity as men； on purely humanitarian grounds； which were the abrogation of all government and civil society itself； instead of calling upon them to do it as the United States in convention assembled； or by an amendment to the constitution of the United States in the way ordained by that constitution itself。 This understood； the constitution and laws of a defunct State remain in force by virtue of the will of the United States； till the State is raised from the dead； restored to life and activity； and repeals or al… 325 ters them； or till they are repealed or altered by the United States or the national convention。 But as the defunct State could not； and the convention had not repealed or altered them； save in the one case mentioned； the General government had no alternative but to treat them and all rights created by them as the territorial law； and to respect them as such。
What then do the people of the several States that seceded lose by secession？ They lose； besides incurring； so far as disloyal； the pains and penalties of treason； their political rights； or right； as has just been said； to be in their own department self…governing communities； with the right of representation in Congress and the electoral colleges； and to sit in the national convention； or of being counted in the ratification of amendments to the constitutionprecisely what it was shown a Territorial people gain by being admitted as a State into the Union。 This is the difference between the constitutional doctrine and that adopted by Mr。 Lincoln's and Mr。 Johnson's Administrations。 But what authority； on this constitutional doctrine； does the General government gain over the people of States that secede； that it has not over others！ As to their internal 326 constitution； their private rights of person or property； it gains none。 It has over them； till they are reconstructed and restored to the Union； the right to institute for them provisional governments； civil or military； precisely as it has for the people of a territory that is not and has never been one of the United States； but in their reconstruction it has less； for the geographical boundaries and electoral people of each are already defined by a law which does not depend on its will； and which it can neither abrogate nor modify。 Here is the difference between the constitutional doctrine and that of the so…called radicals。 The State has gone； but its laws remain； so far as the United States in convention does not abrogate them； not because the authority of the State survives； but because the United States so will； or are presumed to will。 The United States have by a constitutional amendment abrogated the laws of the several States authorizing slavery； and prohibited slavery forever within the jurisdiction of the Union； and no State can now be reconstructed and be admitted into the Union with a constitution that permits slavery； for that would be repugnant to the constitution of the United States。 If the constitutional amendment is not recognized as rati… 327 fied by the requisite number of States； it is the fault of the government in persisting in counting as States what are no States。 Negro suffrage； as white suffrage； is at present a question for States。
The United States guarantee to such State a republican form of government。 And this guarantee； no doubt； authorizes Congress to intervene in the internal constitution of a State so far as to force it to adopt a republican form of government； but not so far as to organize a government for a State； or to compel a territorial people to accept or adopt a State constitution for themselves。 If a State attempts to organize a form of government not republican； it can prevent it； and if a Territory adopts an unrepublican form； it can force it to change its constitution to one that is republican； or compel it to remain a Territory under a provisional government。 But this gives the General government no authority in the organization or re…organization of States beyond seeing that the form of government adopted by the territorial people is republican。 To press it further； to make the constitutional clause a pretext for assuming the entire control of the organization or re…organization of a State； is a manifest abusea palpable violation of the constitution and 328 of the whole American system。 The authority given by the clause is specific； and is no authority for intervention in the general reconstruction of the lapsed State。 It gives authority in no question raised by secession or its consequences； and can give none； except； from within or from without； there is an overt attempt to organize a State in the Union with an unrepublican form of government。
The General government gives permission to the territorial people of the defunct State to re…organize； or it contents itself with suffering them； without special recognition； to reorganize in their own way； and apply to Congress for admission； leaving it to Congress to admit them as a State； or not； according to its own discretion； in like manner as it admits a new State； but the re…organization itself must be the work of the territorial people themselves； under their old electoral law。 The power that reconstructs is in the people themselves； the power that admits them； or receives them into the Union； is Congress。 The Executive； therefore； has no authority in the matter； beyond that of seeing that the laws are duly complied with； and whatever power he assumes； whether by proclamation or by instructions given to the provisional governors； civil or military； is 329 simply a usurpation of the power of Congress； which it rests with Congress to condone or not； as it may see fit。 Executive proclamations； excluding a larger or a smaller portion of the electoral or territorial people from the exercise of the elective franchise in reorganizing the State； and executive efforts to throw the State into the hands of one political party or another； are an unwarrantable assumption of power； for the President； in relation to reconstruction； acts only under the peace powers of the constitution； and simply as the first executive officer of the Union。 His business is to execute the laws； not to make them。 His legislative authority is confined to his qualified veto on the acts of Congress； and to the recommendation to Congress of such measures as he believes are needed by the country。
In reconstructing a disorganized State； neither Congress nor the Executive has any power that either has not in time of peace。 The Executive； as commander…in…chief of the army； may ex necessitate； pace it ad interim under a military governor； but he cannot appoint even a provisional civil governor till Congress has created the office and given him authority to fill it； far less can be legally give instructions to the civil governor as to the mode or manner of recon… 330 structing the disorganized State； or decide who may or may not vote in the preliminary reorganization。 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 li