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can they use this goverment

Mercantile Guild is a species-restricted government type. Haakonish, Teekan, and Ugnari empires can use it; the empires of other species cannot without modding the game (even using the in-game editor will not allow you to force it, except maybe through a scripted event). It might perhaps be possible for a government-change event (e.g. a successful Incite Revolution mission, or one of the fairly rare government change + leader replacement events) to select the Mercantile Guild even if that government is not normally available for that empire, though I have my doubts and such events are quite unlikely anyways (and moreover those events select a new government type randomly but with some government types being more likely to be chosen than others; I'd be willing to bet that the likelihood of a special government type not normally available to the species which founded the empire being selected is, if not actually zero, quite low, and I don't know that the chance is not actually zero to begin with).

is there a way to change it throught files

In the human race file txt.

Add

'Special Government: -1=NONE, 0 or greater = GovernmentId of special government
SpecialGovernment ;9