3. "That Congress would not be justified in admitting such communities to a participation in the government of the country without first providing such constitutional or other guaranties as will tend to secure the civil rights of all citizens of the Republic; a just equality of representation; protection against claims founded in rebellion and crime; a temporary restoration of the right of suffrage to those who have not actively participated in the efforts to destroy the Union and overthrow the government; and the exclusion from positions of public trust of at least a portion of those whose crimes have proved them to be enemies to the Union, and unworthy of public confidence." In addition, the report contained an enumerated statement of "general facts and principles" which it was claimed were "applicable to all the States recently in rebellion." In this statement it was asserted that from the time war was declared the great majority of the Southerners "became and were insurgents, rebels, traitors; and all of them assumed the political, legal, and practical relation of enemies of the United States." The States did not desist from war till "every vestige of State and Confederate government" was obliterated, "their people reduced to the condition of enemies conquered in war, entitled only by public law to such rights, privileges and conditions as might be vouchsafed by the conqueror." They thus had "no right to complain of temporary exclusion from Congress," until they could "show that they are qualified to resume federal relations. * * * They must prove that they have established _with the consent of the people_, republican forms of government in harmony with the Constitution and laws of the United States, that all hostile purposes have ceased, and should give adequate guaranties against future treason and rebellion--guaranties which shall prove satisfactory to the Government against which they rebelled, and by whose arms they were subdued." The rebels "were conquered by the people of the United States acting through all the co-ordinate branches of the Government, and not by the Executive alone. * * * The authority to restore rebels to political power in the Federal Government can be exercised only with the concurrence of all the departments in which political power is vested," and the proclamations of the President could only be regarded as provisional permission "to do certain acts, the effect and validity whereof is to be determined by the constitutional government, and not solely by the executive power." If the President had the power to "qualify persons to appoint Senators and elect Representatives, and empower others to appoint and elect them, he thereby practically controls the organization of the legislative department and destroys the constitutional form of government."[110]