The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-10-03

prous terms complains OF Congress interposing De-
psclea aud mos psrverse assumptions have pul on the
glad day Of security and reconciliation, which II 10
much ionsed for y Won who have snangurated anew
that malignant secenas, which. 90 long as IL exists,
viii keep this Union divided 10 fact VI not M name
SIR, you The disunionistn
rpK rnJsmKr.aL ro1Icy FousDED On TWO BLuspERs
Glance If Won please, at bai Presidential polcy--so
constantly called my policy which IS now yehe-
seny pressed upon the country, and YOU win ind that
J, pivo OTIS at least TWO EARNING blunSers can be
easily seen iTst in setting mp tho man power N
the source Of Jurisdiction over this great question and
sucondy in using the power for the restoration
Of renels 70 place and influence, that good Unoniss
whether white bsrk, reeCted and the rebellion
Itself Is revived in the new goverumens Each Of these
use rnd term TO characterize such double headed
usuIpsoon.
rax usr NAN POWER
Pray, sir where in the constitution do you ind any
SANCTION q lac one man power as the soure Of this
the resident was the executive. bound 70 sec the laws
faithfully executed. but not empowered 70 make laws
rro constitution expressly says 1.-THE executive power
shall be vested IN President of the United States of
hmerca' But HE legislative power ~ elsewhere
According TO the constitution, .'Al legislative powers
herein GRANTED shall be vested iD Congress
OF the United States, which shall consist OF a
Senate and House Of Representatives, y And
yet the President has assumed legislative power
TO the OF making laws and constitutions
states You all know that AZ the close OF the war, when
tue rebel States without lawful governments, he
assumed TO supply them In this business OF reconstruc
ton ne assumed 10 determine who sd oaid vote, and also
- aniy conditions for adoption by the conventions.
me PRESIDENT from the executive mansion at Washing
ton, reaches his long executive into certain States
and dictates their constitutions. Surely there is moth
ing executive in THIS assumption. IL - not even
military IL ~ legislative, pure aud simple, and
nothing else. u IS an attempt by the one man
power 10 do what can DC done only by tho legislative
branch OF the government Aud yet perversc IS the
President m anoroing 10 himself all power over the re-
construction Of the rebel States that he insists that Con-
must accent his work without addition subtrac
ton. He can impose conditions, Congress cannot lie
can determine who shall vote; Congress cannot His
f,gt X
th's hs 50, Then has President most extraordinary
rever before dreamed Of He may eycaim Will
Leus NV. ihe State, IL is | = wha, Ike this rnas.
nteDt King, he sacruces the Innocent and repeats tn
fatal crime, the revoestion OF Tho eiic' Of Nantes
has PROMISED all that have right to exped
Here Is wei, distinction which IS not wthoft
Importance In the drs3assi in between the Prea
ueot aud Congress- Nobody doubts cha. the resident
may daIin@ govern any conquered territory asst ON
aapder nshie and for this purpose he'may detail anv
military oiiee military governor Bn Is one fhibg
10 govern state temporarily by military power, and
quite nno'brr thing 20 create constitution for safe
wno snail continue when the military power has e1p d
The oTinar y military act and belongs the Presne n
The latter u eiv act and belongs 10 %, S. On th
ncicn stand and this not first time that have
asserted t. OF course, the governments set upin this
egi'imaic necessarily .egiiimate, eyce,t
ar as thcy may scaire validity from tine or snbsee uen
recognition ~ needs learned Chief Jcsce OF North
carolina soemny 10 declare this. u - manIcs from
The nature OF The But this iilegitimacy becomes
siil' more manifest whom Is known that the ctrstitn
lions winch the President orders sDd tries u cram
upon congress have never beer submitted 10
eIitimae convention called into being by The rresi-
dent IN the exercise Of an iueytnate power There
is ano'ner provision OF the constitution BY which,
according 10 judgment of the supreme Court 81 the
United states, This question is referred 10 Congress and
not 10 tho President refer 30 the provision that fbe
United States shall guarantee 10 every Stae in this
Union republican government On these words Chief
Jnstice ianey, speai'Dg for The SupTeme fourt, has
adndged "'ha u rests with Congress 10 desde what
government is the esabs hed one in a Siae: as The
Tinted Staies guarantee each state republican gov,
crnnent Congress must necessarily decide whit govern.
M N Cpn lTko
whether IL IL spabcan not; and that undoubtedly
military government esabshcdas tho pcrnannt
meni or State would not he republican fps erImeDt
and would he the duty of Congress 10 overthrow itN
u'hef va. Borden, Howard, ger a. BIT tho presi-
dent sets at naught this commanding text of the cons;
tn'on reinforced ny tins positive judgment OF the Su
rreme Court and claims this extraordinary power for
himself 70 me exclusion OF Congress He is the
United states In him the republic manifest. Re
cap do all Congress do nothing. And tie
whole counrv is summoned by the Pr$dent 10 recos-
ME sa.e governments created by cotstn,icns thus
i'eeltimnte In origin and character without consider
ms they contain the proper eenents OF security for
the future II they are republican in brm and with.
any inquiry INTO the validity Of their Adoption; nay
IN The very face Of testimony showing hat they
ne clements o. security for the ininrf-rsi thew are
no. republican in formand tina, hey have been
adopted by the ioyai people, ar9 cosmsndel 10
sept them, aud when hesitate, lie Pres dcut hinisaf
leading the on"ry. sssals with angry vitaprration,
hunted, Innrt he confessed, bs coarssness without
precedent and without bounds 4 Is well that sneh a
causc has such advocate In thus setting the
power source OF jurisdiction over this great
question, The President has committed bInder of con-
kluujona lew. pro eed mr. from An immense egotSm, In
witch the li.tie proDoun ~ plays gig spfc Is
is VS. the people or United -faes In Congress
assembled On this unnatural bInnder nigh, lay nore
bni lave aid enough Wy present pprIa,sc accom-.
pitched if make you sec Il clearly.
oIvtN,s POWER ms
The other olundcr vs. OF different cha sprlcr II is
g,nr power TO ., rebels ~ the expense 81 constant
nioniss, white black, and employing Dom tho
work OF reconstruction 20 thai the governments
contnse the rebellion. This sane blundef
when committed tv OF the heroes OF iAe war,
promptly oserrued bv the President himself put Andrew
johnson nov does what Sherman NOT aitwcd 10 do
The hlnrder strange aud unaccounssble. ere the ey
dence y tnnssar and cumulative. Ii begins nth is
rfocs nation winch for ,ne rec1Gs,r1cba of North
carol M. Hoiden appointed provsionti Governor,
az oH'ce unknown 10 The law and for which
there wrs provision although Il Was notoins that he
had t.sh irenih = "a the convention WITCH ado'sd
the oct ~ sseess on aud thai he him ELF had signed
Theu Ftry Provisional Governor % South caro-
Ira Who. .~id.s holding judicial -es,id, under ihe
rebel gpfernfut was one VI its t"ininissJ nars I'm
rrsstn ien have rebel newspaper con lining Of
no advertisements The later chnrcf There. also
wss rarsnns. Provisional Govcrpor n .,is,ams,
VITO, - 1893, introduced into The legislature Of
that i,se ta,nsi resolutions tender NJ 10 jefferson
DAVIS 'hciv thanks for hls good sbcIr cause ~
por comuco country, together with tha aesurance o
continued support a and afterwards. in ltSz denounced
MAJ OEN debt, c1ralmng 10 the xsirtnre, sI,res
aug srprose win D. pay their fihe
Tinted staiesl debt. contracted IA sndng armies
sst rn1e> 10 burn our towns cities. lay our
,~nsr, wtosc soldiers have robstt and murdered
eur pescefal nhsbi'sntsf - such were he men
appointed Wv the President 10 institute loyal
goy eIan,ents Bot this selection beron,es more
ttrengr ami unaeroWntahle when \ suusiderod
thaf ail n'is ~As done 10 defiance Of Lad There
cent enast nj 81 congress which rcatres liza, per-
a.sil he appointed 20 any Office ~ Tie tnned STATES
~ efs .ticn nice has been created ~ law And there
another mcnt ~ Congress sshsh provides thas
80 o1cers owl military before on arrng epon tier
or>K dntie or receiving amy salary ~ compensation
shall AXE "a cath declaring iat thcy hs' held Office
un..s, he rstehcn or given AID thereto In the
face of tnesr mens, shich Sufficiently explicit
the President beean. his 81 reconstruction
~ a,rciniing civilians a. sdice absoutclv
Unknown 10 the law when bcsides ,hev
eond net take the required oatb of arce, and com
pee she disregard OF Congress he led their .alry aud
tad II ont OF the funds 81 tho War Department On
sosrs ich proceeding was instant announcement
and license ~ al ex.rebcs nov much blood
on Their hsnds. Rebellion Al . pfesiiurn. II
WITS easy ~ see that n these -rIod enough ~
We Governors ~ states In defiance " Congress all OH.
sfs IN the same politics Treara'eht wcui b. GOOD
enough for ne inferior o1ccs was 10 From ton
~ hodo,n those states were oresr1sr ~ men md
been rug on Their country ~ selcls we're sppnnt