New-York tribune., 1867-08-31
THE PRESIDENT AND GEN. GRANT

ingenious minds may furnish dozen answers
II is the law of the land, and il as binding
upon the President as upon the humblest cit
izen--mOrc binding upon him because ne Is
sworn to execute it. In the private citizen eva
sion may be but fault; in the public oihcer
it is a crime. In the highest officer IL Is tle
highest crime and ignorance OF the law VIII
not avail TO shield the President from the con-
sequences of dsObedence. The past Is
irrecoverlble but Mr.. johnson may possibly
atone for it in the future. We would simply
ask if it is probable that the people will en-
dure for one year and seven months that fatal
and unnecessary war upon the laws which he
vindictively forces upon themR They ask him
for Peace. Are they to forever beg what it is
in their power to command
The President understands the Reconstruc-
ton law OF that there is no doubt, for he mas
explained it. We shall see what that expiana-
ton is. The present issue, no longer upon
general principle, is narrowed down to piaih
question of fact-whether the paramount au-
thority over the Rebel States Is gwen py Coh-
gress to the District Commanders ana tne
General of the Army, or TO the President. Mr'
Johnson now claims that the law gives him the
authority: let us see what he declared little
more than month ago in his veto message OF
.InIy TO- "In conclusion" said the President
al must respectfully ask the attention OF Con-
" prrss to the consideration of one more qucs-
" ton arising under this bill. 1t vests III the
" Military Commanders subject only to the ap-
" proyal of the General of the Army of the
Z" limited States, an unlimited power to remove
from Office any civil or military officer III each
" of these ten States; and the further power,
"subject to the same approval, to detaii OF ap-
"point any military officer or soldier OF the
." limited States to perform the duties OF
the officer so removed, and To fill all
vacancies occurring in those States 10y
q" death, resignation, or otherwise" Unlimited
mower, it will be observed, and not subject TO
the approval of the President, but only to the
approval of the General Mr.. johnson CON
tnucs his Interpretation Of the law: "Within
"a period less than year the legislation a
Congress has attempted to strip the executive
department of the Government OF some oi Its
Essential powers. The Constitution, and the
" oath provided in it, devovc upon the President
"the power and duty TO see that the laws are
faithfully executed. The Constitution, In order
"to carry Out this power gives him the choice
"of the agents. and makes them subject to his
control and supervision; but in the execution
@of these laws the constitutional obligation
"upon the President remains, but
"He porer 10 exercise that constitutional duty rs
"eGcotualIy taken array The military commander
as, as 10 the pOioer OF appointment, made to take
4" The pldce of the President, and The General Of
4" the Army The place Of the Senate, and any
attempt on the part Of the President 10 assert
"his own constitutional po'rerS mdH under pre-
" tense of lac, be met Jy official insuJordindtion.
L" 1t is TO be feared that these military officers,
Cooking to the authority given by these laws,
"rather than to the letter Of the Constitution,
{" will recognize no authority but the Commander
"Of the District and the General Of the Army"
The power of the President is eflectually
taken away; the Military Commander takes
the place of the President. This was
Mr.. Johnson's official construction of the law,
| and he declared expressly that if the executive
| trust, which he supposed to bo constitutionally
vested in the President, Z" is to be taken from
" him, and vested in a subordinate officer, the
responsibility wiH be wih Congress, in cloth
ing the subordnates with unconstitutional
power, and with the officer who assumes
" its exercise" 1t was understood by Con-
| gress, when this message was received,
that Mr.. johnson declared in it that
| he would yield to the law under
protest; it is not forgotten that the suspicion
| that he would resist nearly resulted in his
| immediate impeachment. His construction of
| the Constitution is not an element of the dis
pute he has held nearly all tho laws passed
by the XLth Congress unconstitutional. Tho
question is solely one Of understanding Of the
law, and obedience. 1.-THE remedy he then
said, "must come from the people themselves"
But now where does Andrew johnson seek
his remedyf In his own arbitrary power. He
forces his Interpretation of the law upon Gen.
Grant and compels Grant to submit to it,
Grant has the law behind him, Congress to
| lean upon, the Presidents own Interpretation
as an argument, the people to sustain him,
yet he is overruled by Presidential tyranny
johnson has admitted that he is not to
| be the judge between himself and Congress,
admits that the laws are binding till repealed,
whether constitutional or not, yet makes him
self the Judge, and repeals at his pleasure. He
appoints and directs, though he has announced
that the law gives to the General the ulti-
mate control of appointments. He tears from
| Grants reluctant hands the weapons with
which Congress armed him, and usurps all the
authority of which he sOlcmnly proclaimed he
had been absolutely deprived.
But was Mr. Johnson's July Interpretation Of
the law right, so far as he declared that Con-
gress gave the supreme executive power to the
Gcneral3 Unquestionably. There may DO
verbal lOoseness in some of the sections, but
the law itself is plain. Everywhere the Cen
eral Of the Army, not the President, is named
as the officer to whom all appeals shall be
made, by whom alone any order may be disap-