Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-02-15

ooPy tue foHoWlng article from the
New York Herald, because we think
that It gives the true explanation Of
t STEVENS proposal to establish military
: despotisms in the Southern Provinces /:
THE NEW BILL FOR THE ExcLTDFD
sTATEs0rHE FINAL TEST WITH PRES
IDEEF JOHNSON.
In "Fox's Book of MARTYRS wa
think 1t Is recorded that in those good
ola time" when heretics weresrOasted
awe IL sometimes happened that a full
psruon was offered a condemned prisoner
upon a recantation OF his Obnoxious
iaith, only to sharpen his dying agopies
win the remoTse Of a double apostacy,
! We cannot believe, however, that this
savage refinement of cruelty is eonteu-
Piated by Ola Thad. Stevens against
Mr.. johnson in then new bill Of the honse
Of representatives, providing for tie tem-
| porary establishment Of martial law
over the ten excluded rebel states bot
sGch a bill at this crisis in the conflict
between congress and the executive evil
DENLY covers some other design than tba
Nero revocation of the legislative exper-
iments OF the executive In the states
concerned.
what, then, is the special object of
this extraordinary measure-exlfaordf-
nary IN coming at this juneture as q re-
port from the Joint committee of the
two houses on reconsideration . Tbis
gives 1t the importance Of a measure de.
eided upon by the dominant party. and
as therefore morally certain 10 be sub
mItted 10 the president for his signature.
But how can he be expected to sign this
bill, with its preamble denouncing a the
pretended governments of the late
~s0-calied Confederate states "-gov-
ernments set up without the
authority OF congress and with
out the sanction Of the people,
and as pretended governmental ar.
fording "no protection for life or pron-
erty,' but which "countenanee and en-
courage lawlessness and erime.U thus
necessitating the enforcement under
martial law of " peace and good order
IN the so-calied states until LOYAL and
republican governments can be legally
established therein The signing of
such a bill by President Johnson would
involve his condemnation by himself as
the basest OF executive usurpers for
these " pretended governments y are his
own handiwork. OF course, then. his
approval is not expected, and a veto is
the object contemplated by congress.
But why a VetO2 Is it the purpose OF
the two houses to pass this biil over the
presidents head n TO bring him to the
test of its enforcement or a resignation .
If driven to this extremity will he nAt
get up an appeal to the supreme court on
the plea that this bill is Unconstitutional
II s~uspending the writ OF habeas corpus
IN q time Of peace, though not so de-
ciared by congress? And upon such an
appeal VIII not the court, following the
trail OF the MEligan 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 de%nounces, repudiates and
supersedes the reconstruction policy of
Mr.. Johnson as illegal and void. ri
placed before him so that the ten davs'
consideration to which he is entitled
shall be within the limits of this con
gressi which expires OF the 4th Of March, /
he mus sign or send back the bill to the /
house. with his reasons for declining to
sign it or with the expiration of said
ten days 1t will be a law the same as i'll
approved by him. The bill, if submitted
to him as suggested, Will call for a veto
message. 1t viii put Mr.. johnson
squarely upon his defense, and he must
make out his case. It involves the
charge OF usurpation in the broadcast
terms, and he must meet it, or surrender
or resign.
What defense can he make ? The
constitution as he understands il. He
will plead the plea that the rebel states
were out Of the union, and that
with the surrender of the rebel armies
they returned-eertain issues of the war
exeepted-to he condition in which
they stood as states before the war. But
admitting all this, fallacious as it
Is, the question next recurs, was IL the
executive or congress which possessed
the authority to reOrganize said states
upon the issues settled by the war? :
Mr.. johnson has answered this question {
himself in a dispatch through his secre- l
tary of state September, 1867 to his }
Provisional Governor Marvin. of Florida. {
in which he says that all these proceed {
ings Of reconstruction on his part are {
merely provisional and subject to the I
approval OF congress. A similar dispatch {
to bis Provisional Governor Sharkey, of 7
Mississippi, reminds him Of the same /
important fact. How, then, is the s
executive to prove that these southern
state governments Of his making are j
legal, although rejected by congress ? )
Upon this test Mr.. johnson must either 9
hold OF and his present position. He 9
IS probably expected not only to hold it, +
but to commit himself beyond any rem t
but removal in justifying his own ?
and in a~rraigning congress. In o
his view the bill in question may be P
considered as a device for the conviction C
If the defendant out of his W mouth, r
IS an incorrigible usurper who must be a
'emoved, or as the last chance for q Il
surrender to the sovereign au- h
Of congress. The democratic p
Darty, or what there is left OF II, il
5 now fairly committed to the cause v
If Mr.. johnson, and he is fully commit. u
ed to that party and all the outside ele- b
nents opposed to the dominant Earty in "
congress. This party is as broad& com n
nitted against him. The line are K
and distinctly drawn. The DEM n
are fighting 10 retain Mr.. johnson II
n his place, because he is their ally the q
epublicans are bent upon his capture or Il
emoval, because he blocks their way. y
They have the authority, and in each Il
louse the majority, To remove him but d
till a gracious surrender to congress d
nay save him. Otherwise, as the repub- g
lean party must be demoralized and fo
demolished with the submission OF con- b
,ress, he will be removed. With his re- a
noval the party in congress which sup bt
'ressed the rebellion may finish the work to
reconstruction and then we shall have to
new organization Of parties. With his Sc
etentiOn in office the republicans. dis CO
Ieartened and Disguised with the weak ST
of congress, may be cut to pieces in OF
he next fall elections. They must 20 ~
n and push through their appointed pc
york, or they will disgracefully fail with eI
he game in their hands. OF this they N
re aware, as we see in this decisive bill Is
Or the absolute wiping out, root and q
ranch, Of the reconstruction system of 81
Ir. johnson. of
IN