The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-11


Stevens Rcsolutf0n.N
The two houses Of Congress, after recess
from Wednesday last, reassemble for business
to-day. We presume that the leading question
before the Senate will be the joint resolution
of Thaddeus Stevens, from the House. in refer
ence to the excluded Southern States. That
resolution, adopted in the republican joint
caucus preparatory to the organization,
was passed in the House on Monday last,
under the previous question, by vote Of 1873
to 36-more than two-thirds in the affirmative.
1t provides that a joint committee OF nine
members Of the House and six of the Senate
shall be appointed to inquire and report
whether any Of the lately insargent States are
now entitled to be represented in Congress,
and that until said report shall have been made
no member from any of said States shall be
admitted into either house, and that the COM
mittee shall have leave at any time to make
their report
This sweeping resolution thus rushed
through the House under suspension Of the
rules and by the enforcement t Of the previous
question, before the reception of the Presi-
dents Message, involved, first, an insult to the
Executive, and, secondly. violation Of the
constitution of the United States. The House,
under the whip and spur Of that violent radi-
cal, Stevens, declared by it's action that it cared
nothing for the views and explanations Of the
President in regard to his Southern policy;
that the House fatty repudiated that policy,
and wished Mr.. Johnson 80 to understand 1t,
whatever he might have to say in his Message.
Had the Senate been guided according TO
the wishes of Mr.. Thaddeus Stevens, this offen-
sive resolution would doubtless have been
hurried through that body; but, as there Is no
previous question in the Senate, 1t was thought
best by Messrs. Sumner, Wade, Wilson and
Company to let the subject lie over under the
rule, instead of attempting suspension, and
to sit it out and worry the minority into a
surrender.
But, to say nothing Of the insult levelled at
the President by this joint resolution, the con-
stitutional question involved had doubtless
something to do with the Senate's postpone
ment of the subject. The constitution ex-
pressly declares that "each house shall be the
Judge of the elections returns and qualifica-
tons Of its own members" The intent OF this
provision is plain enough. II is that the Sen
ate, for instance, in regard to the qualifications
Of its members, shall not be subject to con-
currence Of the House; but that each house, IN
regard to the elections and qualifications Of IFS
members shall be entirely independent OF the
other. That such . provision is essential to
free inquiry and legislation on the part of each
house is very clear; and il is equally clear that
the Stevens resolution, in proposing that both
houses, acting together, shall determine the
qualifications of the members Of each house, in
wolves a palpable violation Of the constitution
in one of its most important legislative checks
and balances.
So perfectly conclusive is this simple state
ment of The cass that il becomes a matter OF
some surprise that the republican caucus and
the House itself, under the guidance Of such
constitutional ignoramuses as Thaddeus Ste
vens and Henry J. Raymond, should be led,
without a remonstrance, into the stupid blunder
Of this joint resolution. The temptation, how
ever, to put this thing in such shape az to re-
quire the Presidents signature was too strong
to be resisted by the radicals. They would
compel him thus officially to repudiate his own
policy in subscribing to theirs or they would
show up his impotency by passing the resolu-
ton by two-thirds vote over his veto. But
We suspect that this constitutional difficulty
will result in tho defeat Of Stevens, in modii-
cation of his resolution, through the action Of
the Senate to-day. AS 1t stands President
johnson could not desire q better issue on
which to appeal from Congress to the people.
At any rate, If this resolution is thrust into his
face, he has but one alternative, and that is bis
constitutional veto.
But a. we have already shown TO our
readers, there was on Wednesday in both
houses q percepible cooling down of the
radical spirit for an "irrepressible conflict"
since its violent outbreak on Monday. The
Presidents Message had been read to both
houses on Tuesday, and its calm and convincing
arguments had evidently made a good impress
sion Thus Senator Doolittle was enabled to
check the fanatic Sumner, and to bring the
Senate by few well-timed words TO proper
frame of mind for temperate consideration Of
this Stevens resolution, in the suggestion that
it needed an overhauling by the Judiciary
Committee. There will probably be this morn
ing. in advance Of the meeting of the two
houses, another republican caucus, and re-
vision therein of the laundering Stevens reso-
luton upon which the action of the Senate will
be based.
Thaddeus Stevens, in the last Congress, in his
gold bills and other absurdities, showed that
he was too visionary and headstrong in bis
notions to be the leader Of the House; but in
this joint resolution, proposing to take from
each house its constitutional right to judge Of
the elections Of It's own members, and to make
the President conssnting party to the transac-