The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-04-04
THE NEW YORK PRESS.
EDITORIAL OPINIONS OF THE LEADING JOURNALS
UPOE CURRENT TOPICs-CoMPLED EVERY
DAY FOR THR EVENING TELEGRAPH.

81 President Johnson, with the passage of the
policy of Congress over his vetoes we had con
oluded would trouble the country no more
with his exploded policy of Southern recon
struotion. We have taken it for granted, from
his recognition of these laws and from his
satisfactory appointments under them, that he
had made up his mind to see them faithfully
executed, ;" and there would be no further
conflict between him and Congress on the sub
ieCt. It seems, however, that while holding
out this idea as long as Congress was in ses-
sion, he was all the time meditating a resump-
tion of hostilities, and that now, with Congress
out of the way till July, he has resolved at
once to make up his case.
Within the last few days, it appears, there
have been considerable accessions of Southern
politicians in Washington who still adhere to
the Presidents policy, and who still think it
NAV possibly be resuscitated and established
by the Supreme Court of the United States.
These men, it appears, have prepared petit
tion, numerously signed, addressed to Chief
Justice Chase and the Associate Justices of he
Supreme Court, praying for an injunction
against General Pope, commander of the
Third Military District of the South COM
prising the States of Georgia. Florida,
and Alabama, and also against Andrew
johnson, a citizen of Tennessee and Presi-
dent of the United States, restraining
them from taking any action in enforcing
the laws of reconstruction enacted by
Congress until the question of their constitu-
tionality shall be tried and settled in their
favor by said Supreme Court. 1t is given out
that this petition is to be presented to the
Court (now in SESSION. before the end of this
week; that eminent counsel have been en-
ployed by the petitioners; and that if their
prayer be rejected on the ground that the
Court has no original jurisdiction in such a
case, or if they withhold their petition on this
ground, the petitioners will proceed to get up
a case in Alexandria, Va, before Judge Under
wood in order to make an appeal from his
district to the Supreme Court. Indeed, they
are reported to be working up such a case in
Alexandria at the present time, and President
johnson (backed by his Attorney-General
Stanbery) is said to be the prime leader in
all these movements.
We have reason to believe these reports
substantially true. These Southern leading
Johnson politicians in Washington would
hardly, at this late hour of the day, proceed
to such a scheme as this, of a hurried appeal
to the Supreme Court, without some invita-
tion or encouragement from the White House.
1t would be downright stupidity on their part
to move in the matter even of getting up this
petition or this Alexandria case, without first
consulting and getting the advice and consent
of Mr.. Johnson as the President, and as their
friend. Mr.. Johnson is, therefore, the respon-
sible party for these proceedings, which aim,
If possible, to secure in the absence of Con-
gress decision from the Supreme Court, de-
Claring all these lately enacted laws of South
err, reconstruction unconstitutional, null, and
void.
Upon the late Milligan decision and one or
two other recent judgments of the same kid
ney, there is pretty good Foundation for the
presumption that as politicians and partisans
the President has five of the members of the
Supreme Court against four in favor of Con-
gress. Mr.. Johnson quoted freely from these
aforesaid decisions in making up the argu-
ments of some of his late veto messages. If a
case, therefore, could be brought before this
Court and full bench before July, involving
the constitutiOnality of these vetoed bills, it is
possible that they might on party division,
five to four, be pronounced null and void
What thenY Why then PandemOnium would
be Elet loose, and discord and confusion
dire would prevail over the length and
breadth ofthe land. There appears no pro-
liability, however, that the case suggested can
be worked up before the reassembling of Con
gress, or that in the interval full bench of
the Supreme Court could be mustered even if
the appeal contemplated should be brought
in. There are one or two invalid members of
the old Democratic Taney school who must not
be overlooked in these nice calculations.
Assuming, therefore, that all these schemes
for defeating Congress through a snap judg,
ment from the Supreme Court are moonshine
and green cheese, what will be the conse
quences of these proposed experiments The
mere announcement of such projected legal
proceedings under the advice, connivance, OF
consent OF the President, will operate to checl
the work OF reconstruction so promisingly
commenced in the South, and will result il
another Northern reaction against him and hi
political supporters. In this thing Mr.. johnson
is laundering again-he is furnishing new
capital to the Northern radicals, and is doin,
exactly what they want in delaying and con
flsing the work of Southern reconstruction
and restoration. The longer the excludes
States remain excluded by their own and tn
Presidents folly, as their chief adviser, tn
better will it serve the political game of tn
radicals. Moreover, he is strengthening tn
impeachment party before the impeachmen
committee in these movements to bring abou
a conflict in his behalf between the Suprem
Court and Congress.
If there were any chances, or a single prt
missing chance for Judgment from the Cou
against Congress and its measures Of SoutheI
reorganization in the interval to July, IL
experiment indicated would still be full
danger and inevitably ruinous to the Exc
tive, the Court, and all concerned; but as the
As no prospect for this thing Mr.. JohnsC
would do well at once to give it up. If he
sires to avoid the ordeal of Impeachment
July, he will at once abandon, suspend, al
disoountenance all these factious legal pl
ceedings, which only serve the purposes OF t
radicals, and to revive Mr.. Seward's warni
OF last September on that melancholy Chca
pilgrimage, that 1--WE must take Andrew job