The American Republic [121]
powers of Congress and the judiciary. Congress, during the rebellion, clothed the President, as far as it could, with dictatorial powers, and these powers the Executive continues to exercise even after the rebellion is suppressed. They were given and held under the rights of war, and for war purposes only, and expired by natural limitation when the war ceased; but the Executive forgets this, and, instead of calling Congress together and submitting the work of reconstruction of the States that seceded to its wisdom and authority, undertakes to reconstruct them himself, as if he were an absolute sovereign; 372 and the people seem to like it. 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 373 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. Here is matter for the consideration of the American statesman. But as to the usurpations of the Executive in these unsettled times, they will be only temporary, and will cease when the States are all restored. They are abuses, but only temporary abuses, and the Southern States, when restored to the Union, will resume their rights in their own sphere, as self-governing communities, and legalize or undo the unwarrantable acts of the Federal Executive.
The socialistic and centralizing tendency in the bosom of the individual States is the most dangerous, but it will not be able to become predominant; for philanthropy, unlike charity, does not begin at home, and is powerless unless it operates at a distance. In the States in which the humanitarian tendency is the strongest, the territorial democracy has its most effective organization. Prior to the outbreak of the rebellion the American people had asserted 374 popular sovereignty, but had never rendered an account to themselves in what sense the people are or are not sovereign. They had never distinguished the three sorts of democracy from one another, asked themselves which of the three is the distinctively American democracy. For them, democracy was democracy, and those who saw dangers ahead sought to avoid them either by exaggerating one or the other of the two exclusive tendencies, or else by restraining democracy itself through restrictions on suffrage. The latter class began to distrust universal suffrage, to lose faith in the people, and to dream of modifying the American constitution so as to make it conform more nearly to the English model. The war has proved that the were wrong, for nothing is more certain than that the people
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 373 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. Here is matter for the consideration of the American statesman. But as to the usurpations of the Executive in these unsettled times, they will be only temporary, and will cease when the States are all restored. They are abuses, but only temporary abuses, and the Southern States, when restored to the Union, will resume their rights in their own sphere, as self-governing communities, and legalize or undo the unwarrantable acts of the Federal Executive.
The socialistic and centralizing tendency in the bosom of the individual States is the most dangerous, but it will not be able to become predominant; for philanthropy, unlike charity, does not begin at home, and is powerless unless it operates at a distance. In the States in which the humanitarian tendency is the strongest, the territorial democracy has its most effective organization. Prior to the outbreak of the rebellion the American people had asserted 374 popular sovereignty, but had never rendered an account to themselves in what sense the people are or are not sovereign. They had never distinguished the three sorts of democracy from one another, asked themselves which of the three is the distinctively American democracy. For them, democracy was democracy, and those who saw dangers ahead sought to avoid them either by exaggerating one or the other of the two exclusive tendencies, or else by restraining democracy itself through restrictions on suffrage. The latter class began to distrust universal suffrage, to lose faith in the people, and to dream of modifying the American constitution so as to make it conform more nearly to the English model. The war has proved that the were wrong, for nothing is more certain than that the people