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be。
The war has; no doubt; had a tendency to strengthen the General government; and to cause the people; to a great extent; to look upon it as the supreme and exclusive national government; and to regard the several State governments as subordinate instead of co…ordinate governments。 It is not improbable that the Executive; since 371 the outbreak of the rebellion; has proceeded throughout on that supposition; and hence his extraordinary assumptions of power; but when once peace is fully re…established and the States have all resumed their normal position in the Union; every State will be found prompt enough to resist any attempt to encroach on its constitutional rights。 Its instinct of self…preservation will lead it to resist; and it will be protected by both its own judiciary and that of the United States。
The danger that the General government will usurp the rights of the States is far less than the danger that the Executive will usurp all the 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 have saved the national unity and integrity almost in spite of their government。 The General government either was not disposed or was afraid to take a decided stand against secession; till forced to do it by the people themselves。 No wise American can henceforth distrust American democracy。 The people may be trusted。 So much is settled。 But as the two extremes were equally democratic; as the secessionists acted in the name of popular sovereignty; and as the humanitarians 375 were not unwilling to allow separation; and would not and did not engage in the war against secession for the sake of the Union and the integrity of the national domain; the conviction becomes irresistible that it was not democracy in the sense of either of the extremes that made the war and came out of it victorious; and hence the real American democracy must differ from them both; and is neither a personal nor a humanitarian; but a territorial democracy。 The true idea of American democracy thus comes out; for the first time; freed from the two extreme democracies which have been identified with it; and henceforth enters into the understandings as well as the hearts of the people。 The war has enlightened patriotism; and what was sentiment or instinct becomes reasona well…defined; and clearly understood constitutional conviction。
In the several States themselves there are many things to prevent the socialistic tendency from becoming exclusive。 In the States that seceded socialism has never had a foothold; and will not gain it; for it is resisted by all the sentiments; convictions; and habits of the Southern people; and the Southern people will not be exterminated nor swamped by migrations either from the North or from Europe。 They are and 376 always will be an agricultural people; and an agricultural people are and always will be opposed to socialistic dreams; unless unwittingly held for a moment to favor it in pursuit of some special object in which they take a passionate interest。 The worst of all policies is that of hanging; exili