The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-01-13
5ga5llrllle &anioll.
VIZ. OlNERoa 4 co., Publishers.
sATrRDAY. JANUARY b. Isas.
The President and C0ngress-Peace
and ReslOTation.

"
current in the press, that c0npro1d.
i, has been agreed upon between ia
, President and Congress on the subj &c
of reconstruction, simply because "
1 see no such conflict between them p
! lcalls for, or permits compromise or 50
Z liustment Of any kind Each depart
ment Of the government IS aeting with
in its own sphere, according TO its owl
convictions Of duty Neither, thus Tar
has made any attempt TO interfere viii
the other and so long IS this course o
action is continued, it is not easy to se'
how any serious collision can arise be
tween them. When the President
shall feel called upon to veto any Law
Congress may ensct, or when Congres!
may attempt, in the spirit of Mr.. VII
son 3 recent mensees, 20 override and
overrule the Executive department in
the exercise Of its own prerogatiVe, the
state Of things may be changed. But
thus far there has been no collision be
q tween these two coordinate branches
ef the General Government.
Nor is it easy 10 see how any such
collision is to arise hereafter in a shape
TO involve results of practiesl import
ance 1t is well to remember that
when the present Congress was elected,
the country was in the last agOnies of
the war. The rebellion was still IA
ging; the nation was still wrapped in
the flames of civil strife half million
Of men in arms were struggling with the
! government for the disruption Of the
Union; and the Democratic party
Throughout the North was embarrsss-
ing the Government in its efforts to
prevent that result Hatred of the re
bellion, zeal for its overthrow, and =
hearty, enthusiastic determination to
support the national authority were
the sentiments that animated every
heart and decided the character and
tone of the Congress then elected and
now in session. since then all this has
changed the rebellion has been
crushed When President johnson
came into power the war was over; the
| rebel troops had laid down their arms,
and the rebel States were PROSTATE at MS
feet He found them without lawful gov
ernments, all their machinery of civil
authority suspended, the laws of tho
United States no longer executed within
their borders; and he entered upon the
discharge OF the obligation he had as
sumed to see that those laws were faith
fully executed in every State and by
all its inhabitants. This was purely an
Executive duty, deVolyed upon the Ex-
ecutiye, in express terms by the Consti-
tuition, and embodied III the oath under
which he assumed his Office To this
end he appointed provisional Gov
ernoTs, and through them, as his agents,
authorized the election of conventions,
| the formation OF new constitutions, the
election and meeting of Legislatures,
and the appointment of magistrates
and other subordinate civil officers, and
required the acceptance, fully and
! frankly, Of the results Of the war, as
the only basis upon which the surrender
Of the rebel States could be accepted
and the States themselves be permitted
to resume control of their own affairs.
When all this was done, he handed over
10 the States their right Of self-goyern-
ment He withdrew his Provisional
Governors, his armies, and all the
agents and representatives Of his para
mount authority as COmmanderin
Chief and as President of the United
States
All this he has done. 1t Is not some
thing he is proposing to do it is fact
accomplished He is not asking Con-
gress TO do it, nor to give him permis-
sion to do it; nor is the assent OF Con
gress in the least degree essential to its
validity. The States are in actual pos
session of their local authority. They
have laws made by Legislatures of
their own election, and put in eXecu-
ton by Governors they have chosen
Congress may question the authority
Of the President to do all this-but it
is done nevertheless; and it IS not
easy to see how Congress can undo it.
even If It were inclined to do so. IL
can hardly pass law depostng the
Governors elected by these States I'M
der executive authority. 1t cannot
disband their Legislatures, disperse
their courts, and order the President
to send back his Provisional Governors,
of his military agents, and remand the
Southern States TO the despotic sway OF
martial law No such law could be
passed, even if Congress were disposed
| to pass it. But Congress has eyinced
no such intention. Whatever may be
the theories OF Mr.. Sumner or Mr..
/ Stevens as to the rigEtful status Of
these States, they are in the actual
possession and full enjoyment of that
degree and form of State sovereignty
which is recognized and protected by
the Constitution Of the United States.
That work has been done, and it can
not be undOne.
The laws Of the United States, more
over, have been carried into these
States. The tariff on imports is levied
and collected at their ports. Custom
house officers, collectors, surveyors, ma
val officers, appraisers, and inspectors,
are appointed by the Executive and
Senate in those States precisely as in
all the other States Of the Union. In
ternal taxes are levied and collected
assessors and collectors are appointed,
the processes and products OF industry
are made TO contribute to the support
of the National Government, by agents
acting under the National authority
| the Post Office Department extends its
active and benehcent operation into
every portion of their territory. Mail
routes are designated, contracts are
made for conveying the mails, post
masters are appointed, and postage is
| collected in Georgia and Alabama pre-
cisely IS in Massachusetts, and Penn
svlvania. The Federal courts are in
operation, and Judges and Marshals
appointed at Washington hold courts
and serve process in the Southern
States precisely as if those States had
/ never been in rebellion And with
none ofthese things does Congress pro-
pose to interfere. No conflict with the
| Executive Is threatened-nor indeed,
is any pos5ib.e-upOn these important
points.
The only thing that remains to
! complets the restoration of these States
to their old practical relations with the
| National Government, Is the admission
Of their rlurfe- f1ttse5 IA the iIr0 Houses Of
| C5grfsz. That belongs exclusively to
/ Congress itself and the President has
| never indicated any purpose or wish to
interfere with 1t. In his message he
expressly disolalms any authority to do
so, and commends it, wholly and ex-
/ CluBiFely, 10 bleE own 0l6cretlOn.
Whether that discretion shall be wisely
exercised OF not, IS their affair, not his.
| IL they choose 10 abdicate that control
oft which the constitution expressly
give them, and hand il over 70 ioint
ommittee-binding themselves to in
action and silence until that COMMITTEES
may give them permission 10 aot or to
speat-they have the right, or at least
the power. to doso. And If they choose
to eXdude representatives. from South
ern States altogetheT-or from North
ern staes also, for that matter-the
President has no authority and no wish
TO override their action They are re-
/ spons.ble .or it, not 70 him, but to the
people And whatever action they
may decide upon taking on this partic
uiar point, we see no reason TO believe
that the President viii attempt in any
way to interfere with their perfect free
dom His co1cauence is not essential
70 its validity They have precisely
the same Independence here, Is be has
within bis oEn department., And he
will respect theirs as carefully A. he has