stitutions, a restriction which, it is presumed, will hardly be considered as a grievance." 5 "Under this article of the constitution, it rests with congress to decide what government is the established one in a state. For as the United States guaranty to each state a republican government, congress must necessarily decide what government is established in the state before it can determine whether it is republican or not. And when the senators and representatives of a state are admitted into the councils of the Union, the authority of the government under which they are appointed, as well as its republican character, is recognized by the proper constitutional authority. And its decision is binding on every other department of the government, and could not be questioned in a judicial tribunal." But this power vested in congress does not give it the right to regulate the elective franchise in the several states, or prescribe the qualifications of voters. It is true that a state might so limit the right of suffrage as practically to restrict all participation in the government to a favored class, and the effect of such a restriction would amount to the establishment of an oligarchy or aristocracy, which would certainly be incompatible with a republican form of government. And in this extreme case, it might be the duty of congress to interfere. But while congress has the power to determine (and necessarily must determine in any given case) whether the government actually existing in a state is republican or not, it is not authorized to declare that universal suffrage is implied in the idea of a republican government or that such and such restrictions of the right of suffrage are inconsistent with such a form of government." A Limitation on State Power. When a new state is to be admitted into the Union, it is the right and duty of congress, under this clause, to see to it that the form and constitution of government proposed to be adopted is republican. And the determination of congress to that effect, manifested by its admission of the new state, is final and conclusive. So, also, when the people of an existing state undertake to revise or amend the con The Federalist, No. 21. Luther, v. Borden, 7 How. 1. 7 Pom. Const. Law, § 210. 8 stitution of the state, their power in that regard is, as we have already seen, limited by the clause in question. It would not be lawful for them to make such changes in their constitution as would amount to abolishing the republican form of government previously existing and setting up in its place an unrepublican form or system. The District of Columbia. Since the District of Columbia is not a "state," it appears that the United States is under no obligation to guaranty to the District or to its inhabitants a republican form of government. And in fact, the government of the District is not at all in the form of a republic, since its residents have no voice in the selection of those who make their laws, and no power to choose those who shall administer the laws. RECONSTRUCTION. 119. In the exercise of the power given by this clause of the constitution, congress, at the close of the late civil war, made provision for the reorganization and restoration of legitimate governments, republican in form, in the states which had passed ordinances of secession. The constitutional authority of congress to pass the "reconstruction acts," for the restoration of legitimate governments in the states which had joined in the late rebellion, was derived from this clause. In the leading case on this subject it was said, inter alia: "The gov ernment and the citizens of the state (Texas) refusing to recognize their constitutional obligations, assumed the character of enemies and incurred the consequences of rebellion. These new relations imposed new duties upon the United States. The first was that of suppressing the rebellion. The next was that of re-establishing the broken relations of the state with the Union. The first of these duties having been performed, the next necessarily engaged the attention of the national government. The authority for the performance of the first had been found in the power to suppress insurrec tion and carry on war; for the performance of the second, authority was derived from the obligation of the United States to guaranty 8 Ante, p. 48. to every state in the Union a republican form of government. The latter, indeed, in the case of a rebellion which involves the government of a state, and for the time excludes the national authority from its limits, seems to be a necessary complement to the former. Of this the case of Texas furnishes a striking illustration. When the war closed, there was no government in the state except that which had been organized for the purpose of waging war against the United States. That government immediately disappeared. The new freemen necessarily became a part of the people, and the people still constituted the state; for states, like individuals, retain their identity though changed to some extent in their constituent elements. And it was the state thus constituted which was now entitled to the benefit of the constitutional guaranty. There being then no government in Texas in constitutional relations with the Union, it became the duty of the United States to provide for the restoration of such a government. But the restoration of the government which existed before the rebellion, without a new election of officers, was obviously impossible; and before any such election could be properly held, it was necessary that the old constitution should receive such amendments as would conform its provisions to the new conditions created by emancipation and afford adequate security to the people of the state. In the exercise of the power conferred by the guaranty clause, as in the exercise of every other constitutional power, a discretion in the choice of means is necessarily allowed. It is essential only that the means must be necessary and proper for carrying into execution the power conferred, through the restoration of the state to its constitutional relations, under a republican form of government, and that no acts be done, and no authority exerted, which is either prohibited or unsanctioned by the constitution. The power to carry into effect the clause of guaranty is primarily a legislative power and resides in congress. The action of the President must therefore be regarded as provisional, and in that light it seems to have been regarded by congress." Congress "proceeded after long deliberation to adopt various measures for reorganization and restoration. These measures were embodied in proposed amendments to the constitution and in the acts known as the reconstruction acts, which have been so far carried into effect that a majority of the states which were engaged in the rebellion [now all] have been restored to their constitutional relations, under forms of government adjudged to be republican by congress, through the admission of their senators and representatives into the councils of the Union." Texas v. White, 7 Wall. 700. CHAPTER XI. EXECUTIVE POWER IN THE STATES. 120-122. State Executive Officers. 125. Powers of Governor. STATE EXECUTIVE OFFICERS. 120. The executive power in each of the states and territories is lodged in a chief magistrate, who is called the "governor." 121. In most of the states, there is a second executive officer, called the "lieutenant governor," who is to succeed the governor in his office in case of the death, resignation, removal, or disability of the latter. 122. The subordinate officers of a state government, after the governor and lieutenant governor, are ordinarily as follows: (a) The secretary of state. (b) The state treasurer. (c) The state comptroller. (e) The attorney general. (f) The superintendent of public instruction. The Governor. In each of the states the chief officer of the executive department is called the "governor." In all, he is elected directly by the people. His term of office varies, in the different states, from one to four years. He is the official head of the state, and, generally speaking, is its representative in its relations with the other states and with the Union. In each of the organized territories of the United States the executive power is vested in a governor, appointed by the President by and with the advice and consent of the senate, who holds his office |