The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-18
The Peoples Voice Upon the Great
Question of the Day.

tions is not so much that the people nave
repudiated the Presidents policy OF recon-
struction, as that they have denied MS rlgnC
to have any policy at all upon the suole lect'
The President may lawfully "advise" Con-
gross as 70 what he thinks necessary Tor the
welfare of the country, but the constitution,
neither In letter nor in spirit, allows him to
actuallv' inaupurate policy upon any subject
conpected with the Government, and still less
40 ottempt through the exercise OF his official
mower and influence to force that policy upon
the country. All policies in our system o.
government must spring from the people.
They are with us the source of all power.
They have expressly reserved to themselves
the right, through their representatives, to
make the laws upon all subjects whatsoever
II is quite possible for King or an Emperor
TO enact good laws. A President might also,
if he had the power. A very wise and good
President might even pass better laws than
moor Congress would. But under our form
of government we have preferred to risk the
people themselves rather than any one man.
That is our system, and by it we must abide.
Hence if Mr.. Johnson's plan Of reconst truc-
ton were thousand-fold more wise and just
than it is-were it really as superior to that
of Congress as he and his friends think it to
be, still he would have no right to put it in
execution, for he is not the law-making power,
while Congress is.
1t is easy to see that this fundamental qucs-
ton must first of all be settled. 1t admits Of
no possible compromise. Congress may, if it
sees fit, change its plan of reconstruction, but
it cannot possibly yield the point that to it
and to it alone the work of reconstruction
belongs. The Presidents adherence to his
"polcy" is an adherence to his claim to eXer-
else Legislative functions. That claim cannot
be admitted. 1t would be a precedent fatal
to the very essence Of our form of govern
ment.
That his "policy," or in other words his
work Of reconstruction, is legislative in its
character, is perfectly evident from several
considerations-First because by it he claims
to have done something having the force and
sanctity OF law. 1T were an erecutiUe work,
there would be some LdW in accordance with
which the work had been done But there is
none. Hence it is not executive.
Secondly, the entire work mas been done in
accordance with rules 'an1 regulations pre-
scribed by the President Now, these rules
and regulations are nothing else but IGlDS,
and under these laws, passed not by the law
making branch of the Government, but pre-
scribed by the fat of the Executive, the i'm
portant work of reconstructing the State Gov
ernments-the civil corporations the
South has been done.
1t is no reply to this, to say that the Presi-
dent did this work under the war power; for
it has all been done since the surrender of the
Rebel armies, and as permanent work cal
culated for purposes of government in times
of peace. Besides, the widest stretch of the
war power never extended it to the making
of State Governments. In the very height
OF the Rebellion, it was never for moment
,contended that the war power extended to
work of this sort. In the hour of EXTREMIST
peril, Congress still remained the sole law
making power in the Government.
Nor is it any reply to say that the work
was one necessary to be done. Grant it but
Congress was the body to do it. So import
ant a crisIs-so extraordinary an occasion
never before occurred in the history OF our
Government, as when, by the overthrow of
the Rebellion, eleven States were left totally
disorganized and destitute OF all civil govern
ment. Congress should have been instantly
assembled in extra session, and the whoe
matter submitted to its discretion.
Instead of following this self-evidently, wise
and constitutional course, President johnson
and Secretary Seward undertook to manage
the business themselves without consulting
the people. They violated the Constitution
in everything that they did, making rules and
regulations which only Congress could law
fully make, and assuming that highest legis-
lative prerogative of creating State Govern.
ments, which they declared to be already
admitted to the Union and entitled to repre-
sentation.
This whole business has been bold, per
sistent, and utterly inexcusable usurpation @
the rights of the people. ii there was ever ,
subject upon which the people had right t.
be heard, this is one. If there was ever tim
when the function Of legislation was import
ant, it is now. No subject even approachin
in importance that Of the reconstruction
the Government after this great revolutio
has ever been before the American peopl
To attempt to deprive them of all voice in I'll
settlement of so momentous and tar-reachin
Issues is the height of criminaity. Tarii
and measures of finance are mere trihes cor
i pared with this subject. Hence, as we ha'
already said, no compromise OF this questi'
- nOsSiDle, I he neOnIa's ripht over the Su