The New York herald., 1867-02-08


we're going The murderer arrested
The Toman House and several adjoinsns premises In
Marble row, Ogdcnsburg, ~. r., destroyed by fre
yesterday, involving loss or S25OOoO.
William 8. Hillyer has been appointed Internal Revc.
nue. Agent for the city OF New York.
The New Bill for the Excluded states-The
Final Test with President johnson.
In "Fox's Book Of Martyrs" We think, 1t is
recorded Mat in those "good old times" when
beretics were roasted alive II sometimes hap
pened that q full pardon was offered con-
demned prisoner upon recantation Of his OBJ
noxious faith, only to sharpen his dying ago
Mes with the remorse of . double apostacy.
We cannot believe, however, that this savage
refinement Of cruelty is contemplated by "Old
Tbad Stevens" against Mr.. johnson in the new
bill Of the House of Representatives providing
for the temporary establishment Of martial law
over the ten excluded rebel States /; but such
bill al this crisis in the conflict between Con-
gress and the Executive evidently covers some
other design than the mere revocation Of the
legislative experiments Of the Executive in the
States concerned.
What, then, is the special object of this ex-
traordinary measure--extraordinar in coming
at this jnncture as Q report from the joint COM
mittee of the two houses on reconstruction!
This gives IL the Importance Of . measure de-
cided upon by the dominant party, and as
therefore morally certain to he submitted 10 the
President for his signature. But how can he be
expected to sign this bill, with its preamble
denouncing "the pretended governments Of the
late so-called Confederate Statesr-govern-
ments sset up without the authority Of Con-
gress and without The sanction Of The people,
and as 'pretenacd governments" affording sno
protection for lifc or property" but which
"countenance and encourage lawlessness and
crime,' thus necessitating The enforcement un-
der martial law Of "peace and good order" in
the "so-called States until loyal and republican
governments can be legally established" there
ins The signing Of such bill by President
Johnson would involve his condemnation by
himself as the basest OF Executive usurpers; for
these pretended governments" are his own
handiwork. or course, then, his approval is
not expected, and veto is the object contem-
plated By Congress.
But why vetot L. 1t the purpose of the
two houses to pass this bill over the Presi-
dents head and to bring him to the test Of its
enforcement or resignations II driven 10
this extremity will he not got up an appeal tc
the Supreme Court on the plea that this bill ID
unconstitutional in suspending the habeas
corpus In . time of peace, though not so de-
clared by Congressf And upon such an sp-
peal will not the court, following the trail Of
the Milligan decision, decide against Congress-
Perhaps so. But We apprehend that the
trainers Of this measure have another object In
view and more directly to the purpose. The
bill utterly denounces, repudAtes snd super
sedss the reconstruction policy Of Mr.. John
son as illegal and void. II placed before him
40 that the ten days consideration to which
he Ia entitled shall be within the limits Of this
Congress, which expires on the 4th Of March,
he must sign or send back the bill 70 the House,
with his reasons for declining to sign II, or
with the expiration Of said ten days 1t viii
be law the same as II approved by him The
bill, IL submitted to him as suggested, will call
for veto message. II will put Mr. Johnson
squarcly upon his defence, and he must mako
out bis case. II involves the charge OF usurpa-
ton in the broadcst terms, and he must meet IT.
or surrender or resign.
What defence can he make The constitu-
ton ss he understands it lie will plead the
plea that the rebel States were never ont Of the
Union, and that with the surrender Of ~
rebel armies they returned certain issues q
The war exoepted--to tho condihon in which