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. 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 o