Executive to grant or withhold the pardon at his own absolute
discretion, and this includes the power to grant on terms, as is
fully established by judicial and other authorities.

It is also proffered that if in any of the States named a State
government shall be in the mode prescribed set up, such government
shall be recognized and guaranteed by the United States, and that
under it the State shall, on the constitutional conditions, be
protected against invasion and domestic violence. The constitutional
obligation of the United States to guarantee to every State in the
Union a republican form of government and to protect the State in the
cases stated is explicit and full. But why tender the benefits of
this provision only to a State government set up in this particular
way? This section of the Constitution contemplates a case wherein the
element within a State favorable to republican government in the
Union may be too feeble for an opposite and hostile element external
to or even within the State, and such are precisely the cases with
which we are now dealing.

An attempt to guarantee and protect a revived State government,
constructed in whole or in preponderating part from the very element
against whose hostility and violence it is to be protected, is simply
absurd. There must be a test by which to separate the opposing
elements, so as to build only from the sound; and that test is a
sufficiently liberal one which accepts as sound whoever will make a
sworn recantation of his former unsoundness.

But if it be proper to require as a test of admission to the
political body an oath of allegiance to the Constitution of the
United States and to the Union under it, why also to the laws and