Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-09-14
THE poLITICAL SITUATION.

THE POLITICAL SITUATION.
Further efthe r evolutionary Programme
The Power to Declare a Law Unc constitu-
tional Claimed by the President.
We make the following extracts from the
Washington dispatches Published in yester-
days New York Herald. As the correspon-
dent assumes to state authorativeiy the Pres.
dent views and intentions, his assertions may
be con siaered as having some significance:
The fact is, there is fierce political storm
brewing. All the indications point that way,
and show that the strife between the President
and Congreas, which has been growing and
Increasing daily, must soon burst out into
clashes, something worse than threats and vi
tuperallon.
WHAT THE PRESIDENT WILL Do IF IMPEACHRD
am reliably informed that he will regard
the action OF Congress as revolutionary. The
Radicals having abandoned the idea OF trying
him tor high crimes and misdemeanors, and
justitying his impeachment merely on the
ground that he is, in the language OF Butler.
an ''impedimeut' to reconstruction, he will
not recognize their proceedings as legal or con-
stitutional, and will pay no respect to their re.
solves and deter nations Should articles
OF impeachment be presented and a resolution
passed suspending Mr. Johnson and prohibit
iEg him from exercising the functions OF
President; should Wade be chosen to act as
as President ad interim, and, armed with this
color of right and law command Johnson to
II
all the property, papers, &c, pertaining to the
executive office, l have reason to believe that
MIR. johnson Will decline, and defy Congress
to do its worst. The Presidents view Of the
matter is said 70 be this Each of the three great
branches OF the Government is for itself the
Judge of the constItutionalty of law. Con-
gress, in the first place, is judge. 1t passes
law according TO constitutional forms by the
requisite majority over the President's veto.
According to the Constitution, it can only legls-
late on certain subjects. Well. the law is
passed, and It comes to the President FOR exc
cution. He is sworn 10 faithfully execute his
office, and ''to preserve, protect, and defend
the Constitution OF the United States" Who
is 10 mine for him whether the law passed
by Congress does not conflict will the Consti-
tuition he is sworn to defend! If he considers
1t clearly in violation Of the Constitution, is he
not under the most solemn obligation to refuse
to enforce it! tits contended by some that the
more usual nOce is Tor the President to assume
law constitutional until otherwise declared
by the Supreme Court. This the President
considers only applicable to doubtful cases;
but " here the conflict with the Constitution Is
clear and undoubted, the President considers
it his duty to decline its enforcement alto
gerber. Applying this to impeachment, the
fcllswDgis the result: Congress passes articles
Of lmpe achment, suspends the President. and
orders his arrest. The alleged offence is that
he refuses to enforce the laws which be hon.
esfly believes to be in antagonism with the
Constitution.
IMPEACHMENT FOR POLITICAL OFFENCE REvo-
LUTON.
He takes one view of the law, Congress an
o'her He holds that he can only be removed
on "cCnvictlOn of treason, bribery, and other
high crimes and misdemeanors. He holds
that mere difference OF opinion as to the con-
Congress ls neither treason, bribery, nor other
high crime or msoemeador. He holds, there
fore, that be cannot be impeached, suspen ded,
or removed from office.
HE WILL PROROGUE CONGRESS.
Congress insists be can. Then, he considers,
Congress places itself in an attitude of revolu-
1ution. 1t thus violates the Constitution by
attempting 70 usurp the executive power, and
must be put down. How will this he done!
The President acting for the best interests of
the country, and deeming the safety of the
Republic in danger, will issue proclamation
proroeuing Congress. calling for an election OF
new members, and invoking the aid Of the
people TO sustain him. This, l am assured, is
The view the President takes OF the impeach-
IDenI muddle, and the way he will act should
the occasion arise.
Under the Constitution the President has the
power 10 prorogue Congress only in case OF
disagreement to adjourn But in great pub
lie emergency, where the life OF the nation is
a stake, the President considers the exercise
OF extraordinary powers Justinahle. More
over, Congress. by assuming unconstitutional
powers and attempting to destroy the Execu-
tive, DISC ualif1es itself. is NO longer a lawful
Congress, but body OF usurpers and traitors.
As such they have no rights the Executive is
bound TO respect, and the Executive Will deal
with them accordingly. The Presidents tneo-
~ is that they first inaugurate revolution by
attempting an act subverstve of the Govern
msnt. and upon them will rest the response
btlty OF any strife or confusion that may iol
low.
THE AMNESTY PROCLAMATION RRaIsrRA-
TION TO BE REoPENED.
The amnesty proci amation was not in tended
as mere political dodge to catch the popular
favor and enlist southern sympathy more
strongly in behalf of the Johnsonian policy.
The President does not intend that 1t shall be
a mere useless State paper of fine phrases but
empty effects. He designs 1t shall work to the
advantage OF the Southern Whites by pardon
ing large class-the most in telligent wealthy
and socially inf1uential-and restoring to them
their civil rights, including that of suffrage.
1t is said he has no power 10 grant suffrage 10
the pardoned rebels excluded by the recon
struction acts He claims he has, aud have
good authority for stating, notwiths landing
semi official contradictions, that the time is
not far distanv when he will enforce his views
by ordering the reopening of registration, and
causing new Instructions to be issued to the
military commanders, in accordance with these
views
ANOTHER PROCLAMATION TO BE ISSUED.
Corroborativs OF the general purport OF the
above. is the following from the Washington
correspondent OF the Charleston Courier, who
is supposed to be in the confidence OF the
President:
1t is also asserted that another proclamation,
following up that OF September 3, will be is
sued, applying the principles herein asserted
TO some very important subjects.
That proclamation asserts the Executive
power In the broadest terms and next we are
TO know what the President will do with it.
OF course it did not require all this parade Of
constitutional prerogative for the mere pur-
pose OF censuring General Sickles' alleged
hindrRnce OF process from the United States
Circuit Court OF North Carolina.
The President has been often advised and
urged by the peace Democrats, $50 -called,) or
"Oopperheads," as called in the Radical slang,
to perform some grand coup detat, by which
the people would be at once awe-struck and
delighted, and thus save himself from the dis
grace OF causeless impeachment and removal,
without resistance. 1t was even suggested
that he would disperse this Eortleth Congress
last July. But he was not then up to the
mark There was no stuff in the whole Cab
met for any energetic movement. Besides, the
President does not always act upon the the
ories which he adopts. He may, however, il
properly supported by those around him. an.
Dounce in q proclamation at an early day, or
before the meeting Of Congress, that 1t 10 his
constitutional right and duty TO see that the
Constitution, a. the supreme law OF the land,
acts of Con grees are unconstitutional, they are
null and void, and shall not be further exc
cuted. An Issue will thus be made between
the President. who stands on tns Constitution,
and the Rump Congress, which body is IS hang
ipx on the verge Of the Constitution" and
claims in fact, to act ontside OF the Consti-
tution.'' rr. z
The President must, Of course, have Is an
adviser and advocate q bold, strong man be.
fore he can tn us set Congress Al defiance. Mr..
Seward would oppose his new position. But
Judge Black is quite ready to support 1t with
the utmost ardor and ability. The State De-
parfment will be offered to Judge Black, and
he will accept 1t with the utmost confidence
ole ~ so