with suggesting that it will not be “improper” to preserve them “in _constructing_ a loyal State government.” Of course this suggestion of what is not improper implies necessarily that in his opinion even these great changes are within the discretion of the revived community. I have called especial attention to the language of the President, because it constantly assumes, in a succession of phrases, that the Rebel States are in an abnormal condition, from which they are to be recovered or revived; and since such recovery or revival can be consummated only by action of Congress, it is reasonable to infer that such was his expectation. At all events, the Proclamation, by repeated assumptions with regard to the Rebel States, testifies to the necessity of Congressional action. We have already seen that Andrew Johnson declared the State of Tennessee “vacated” of all local government which we are bound to respect; and this language obviously harmonizes with that of the President. But Arkansas was in a similar situation. Such are some of the arguments for the power of Congress. Others might be adduced; but I have said enough. The necessity of the case, reason, the authority of the Supreme Court, the Constitution, and the President’s Proclamation, each and all, tend to the same conclusion, even without resorting to those war powers which are all within the reach of Congress. Yet if we glance at the latter, we find the power of Congress declared beyond question. There is nothing the President may do as commander-in-chief which Congress may not direct and govern, according to the authoritative words of Chancellor Kent:-- “Though the Constitution vests the executive power in the President, and declares him to be commander-in-chief of the army and navy of the United States, _these powers must necessarily be subordinate to the legislative power in Congress_.”[362] And these powers, vast as they are, when called into activity by the exigency of war or rebellion, become as constitutional as if specified precisely in a written text. * * * * *