Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-12-21
06lllgJ:: ,5SttjalItts3isainII1,;;a;'l'qI,.;.. Isl u; III.
From the Macon GA Journal, aud Messenger,
7" '''""''''V VI Dec. H.l '' w" .''7''
b The President Z and the South. 1a


The President and the South.
A distrust of the Presidents Jirmness is
expressed or limited at by some of the pa
peTs, because, after maintaining at length
the policy of rehabilitating the Southern
States Immediately, he then, as they allege,
devolves the whole matterupOn the discre-
tion of Congress by the concession that the
tw) Houses alone must judge of the quall7
Il ations of their own members. This Is
claimed TO be practically tantamount to q
concession of the right OF Congress to es-l
tablish and maintain these extra -cOhstitu-
tiORdL tests under which the Southern dele-
gates are to be excluded. ,r.s l..f,r. : .,li .,i
The President, however, it should be care
fully noted, confines himself, in making
this concession, to the precise language Of
the Constitution. Whatever that means, he
means, and there is nothing in. the message
to commit him to more. On the contrary,
the whole scope of reasoning in the mes-
sage, is an argument against the tests.,gg gu,
But 1t is said he does not take the bull by
the horns-he does not lay hold, Of these
tests and show up their illegality and im-
policy. That Is true, and there are sound
reasons for such a course. iJgaL l..ti flj5
The fret and most important of these Is,
to be found in the very constitutional pro-
vision quoted: Each House shall be ue
Judge of the = qualifications Of its
own members" The power granted Is eL-
clusiUe. 1t belongs alone to the National
Legislature, co-ordinate branch of the
Government. 1t is a matter external and
foreign to the proper constitutional duty Of
the President 'from time to time TO give to
the Congress information OF the State OF
the Union" .f Uf..-.,.. L-..r .9rYH- -....
The whole of this excellent paper dis
plays profound study of the Constitution
and the most conscientious aud careful re-
gard to its limitations. What student of
either can therefore doubt that, however
much the President might disapprove of
these extra-constitutional tests and quali-
ticatiOns, he would considaeF an official lee
ture to Congress upon point in which
they were made the sole judges and arbi-
ters, a piece of funwarrantable interference?
They may err, but the Constitution vests
them alone with the right to take testimO-
ny aud conclude verdict upon that point.
The exercise of these duties belongs to Con-
gress alone-it concerns primarily their
own organization alone. AS well might
Congress interfere with their advice upon
the exercise of the veto or pardoning pow
er. The one Is as peculiar TO the EIeclttue
as the other is to the Legislative branch of
! the Government, and tue interference OF
either with the other is unwarrantable, and
could not have been reasonably antici-
| displayed, as has the President in this doe
ument, the most profound acquaintance
with the whole structure of the system.
1t is quite true that the majority in Con-
gress propose by the exercise OF this power
to defeat the Presidential policy; but that
fact gives him no more jurisdiction than il
the same end were to be accomplished by
the judiciary. Each department must be
independent in its own e1cIusiUe concerns
| The Constitution has prescribed to the
President the range OF subjects in which
his cooperation with Congress is required
and this is not one of them. On the contra
ry, by express provision it is deyolved or
Congress alone. ... ID ..t
The President, therefore, has not ventIIr-
ed to lecture either House upon the partic.
ular manner in which they should exercise
the duty of judging of the qualifications o.
their own members, or the extent to which
they should push that power. And hI
shows tohy he declines 10 do so, by quoting
the constitutional provision which estopt
him, although he has .strenuously recon-
mended a policy entirely antagOnistic u
the extent Of power they claim in the prem
ises. ...". .|. .1 ... .tl.
In this proper view of the matter, wha
lis regarded as a concession, becomes pure
ly explanatory and self-defensive. In OH,
lword: he restricts the defense of his policy
to proper constitutional grOunds--ground
lupOn which the Constitution empower
and requires him to address Congress. Il
lIlwit: 'the state Of the Union," and he cam
go beyond these, for the simple reason tina
he cannot constitutionally do soaH nuI g
1t is to be regretted that writers for TIN
press should confine themselves upon sucl
matters as these to purely prinaa Jdcieviews
and fail to take into comprehensive cOnsid
Grafton the legal and circumstautial sur
rOundings. ~ I'D. f.~E9Gi JLliio..i nh
Il A Presidents message is not to be, con
. sidered and discussed like an abstract dis
j QUESTION in quarterly review Doubtles
it would be pleasant to see the Presiden
lash Congress tor their nconstituti0nalper
version of clear Constitutional right; bu
it seems to us too plain foridispute that b,
could not do It consistently with the view
of strict Constitutional lconstruction. whicl
pervade his message thrOugout. He mus
Iregard legal limitations, and beyond these
he must regard the state of rarties, and o
the public mind--8nd all the numerou
other Circumstances which enter into auC
make up the conditions of sound, practical
sagacinus. and patriotic statesmanship, o
which mere abstract truth and fine writing
do not cOnstitutethe important part. lliI
Il If these views, whichh have been too mucl
elaborated, be sound, then the Presiden
stands amply vindi6ated Dofo all charge o
want of nerve and earnestness in the de
tense of his views. IfIhe had. taken tn
4 ground some desired and expected him tt
n do, he would only have laidhimselfOpen b,
assault, and put eudgel In the hands o
the enemies Ofspeedy reconstruction WI
might, however, go on to add Otfersug
Il gestions, such as that it was not his bust
ness to assume thata new Congress wouli
insist upon any ultra Constitutional test
and that an argument against it, in extehso
which was due, If he touched the subiec
at all, would have swollen the message be
Il yOnd all bounds But weiwaive these q
d wholly needless and rest the defense lupoI
=, the main ground we have taken.9iri PiIdr
vi .unI ln fl-L.- nLLl -.ll -.-llZ lYdI as.# 81
III IDaJD ll1 l.fiT L2Jui1g od L-luhs N7IA'