The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1866-04-24

ItON Coulu tluCOnn KNOW, unleSA gllteu
with omniscience, that in the person Of a
teacher Of a military academy in Louisiana,
was to be found that Major General Sherman,
who, like Gods flaming minister, at the head
This conquering legions, was to sweep through
the heart Of the rebellion2 How could lie
know that in that quiet, transformations citizen
Of Galena, was to be found the great captain
Of the age, Lieutenant General Grant, who
knew when, like Fabius, to be the cloud,
and like Scipio, the thunderbolt of war ("
Thank Heaven he found the great com
manders at last, which in Gods own good
time brought the final and supreme victory
over the rebellion. Thank God Mr.. Lincoln
was permitted to live until the first great
work Of crushing the rebellion was almost
done, and the second hardly less important
work Of reconstruction was already well be-
gun. l have already called your attention
to his last public speech Just before his assas-
sination, in which, in gladness Of heart whose
expression could not he restrained, for the
hope Of a righteous and speedy peace and in
which, also, with power Of logic and clear
ness Of statement, and force OF illustration
never surpassed in the best efforts Of that
great and good man, he explained and de-
Tended and enforced this policy Of reconstruc-
ton.
1t was at such a moment-a moment of
most supreme exaltation-when the prayer
of his soul was answered; when the long night
Of blood and agony and tears was past, and
the golden light OF the morning Of peace
dawned upon his vision, he fell by the assas-
sins hand-his consciousness suspended in an
instant. From the acme of human glory he
passed to the glory on high-from this mortal
to the immortal lile-a martyr to the cause
of his country, and Of liberty to all mankind
1t was what the ancient world would call an
apotheosis.
Thus the great Office Of President provi-
dentally fell upon Mr.. johnson, with all its
duties and all its responsibilities and the
gravest of them ALL now that the armed forces
of the rebellion have surrendered, is this Sec
ond great duty Of making peace, and then
disbanding the army. When he took the
Presidency there we're more than million
men upon the rolls Of the army, and many
of the rebel armies were still in the field
j now come to the consideration of the
most important, and Just at this moment per-
haps the most practical question, namely !:
what were the powers and duties imposed by
law upon the President, in closing the war
and making peace, which, of necessity, must
precede the disbanding Of the army.
Now, in the very nature of things, making
peace is Just as much an executive duty as
waging war.
Who can know, but the commander-in-
chief, when his adversary yields, when he is
destroyed or captured, surrenders or makes
overtures of peaceH To whom does the van
pushed party cry for quarter and terms Of
surrender, but to him who yields the sword?
repeat, sir, making peace is an executive
duty just as much as making war. The law
of Congress which authorized the war author
lied the stopping of the war; the disbanding
of the forces which are employed in it, when
the President has finished his work and shall
think it safe and proper to do so; when he is
assured that the war is over, that peace has
come, land come to stay"
Ii we are engaged in war with foreign
country when we get through with the war
the President makes peace. Congress has
nothing to do with it. The President enters
into treaty of peace, and that treaty is sub
initted to the Senate for ratification. If two
thirds of the Senators ratify and consent, the
treaty is ratified and peace made. Congress
may declare war, they do not make peace.
How is peace made in case of civil war
among ourselves? When we overcome
armed resistance to our laws and the Consti-
tuition, which is civil war, when the insur-
gents shall, in good faith, submit themselves
to the laws and the Constitution, peace fol-
lows of course. Peace has already come, for
obedience to the laws is peace.
| All the great writer's on public law agree
that the whole end and purpose of II just war
is to obtain just and righteous peace; and
having shown that this duty of making
peace has been placed by Congress upon the
President; having shown that, from the ne
cessities Of the case such a duty is execu-
tive, and therefore, in its nature, impossible
to be done by Congress except through the
Executive, proceed TO inquire with whom,
and in what way, is the President to make
that peace which is the object Of the war on
our part, and which was condition prece-
dent to Withdrawing the army2 That in
wolves this other inquiry, who and what was
or is at war against the United States?
First of all the rebel army.
No one can doubt the power Of the Presi-
dent to deal with that-to fight it, crush il,
capture it, or accept its surrender, with or
without conditions. If upon conditions, these
conditions bind the good faith not only of
| the Executive, but of the United States.
In the terms of Lees capitulation there
was an important condition inserted, binding
the good faith Of the United States, namely,
that, upon condition of their obedience to the
laws, the officers and soldiers of the rebel
armies should not be disturbed by the au-
thorities of the United States. What men,
Der of Congress, what man, in or out of Con
gress, would propose violation, on our,part,
Of that stipulation?
There is, in the second place, the people OF
those States, who have been declared in in.
surrection who from giving aid and comfort
to the rebellion, have incurred the crime OF
treason against the United States and who
are liable, upon trial and conviction, to for,
felt their property, their citizenship, and even
their lives.
What power has the President, under the
Constitution and laws, to deal with these
unarmed insurgents? First under the Con
stitution, he has the power to pardon and re-
store TO citizenship, either before or after
conviction; he has the power of amnesty
upon such terms and conditions as he shall
Judge most conducive to the peace of the
country.
If, as many contend, the insurgents are to
be treated only in their capacity of indi,
viduals, and not in their capacity as States
this power of pardon alone would cover the
whole case, and he could restore all to citi
zenship.
But he had another power over them under