The New York herald., 1867-04-05

OH CatuiuAy soosp 81 uuOuy 0VhSAtoS 'R
journed until the FIRST Wednesday in July 1.-THE
third day Of the month), with the qualification
that unless on that day, At twelve M, quorum
of each house shall bs present the recess shall
be extended to the regular first Monday in
December. Another resolution some days
before this had been adopted in the House,
instructing its Committee ON the Judiciary to
resume the investigation OF the charges of i'm
peachment raised against President Johnson in
the last Congress and authorizing the COM
mittee to prosecute its labors during the recess,
in view Of report in July or December recon-
mending the trial of President Johnson before
the Senate, az the high court Of impeachment,
or his acquittal Of "the high crimes and misde-
meanors" alleged against him.
II will be observed here, in the first place,
that q reassembling Of Congress in July Is left
subject to contingencies. Had not the two
houses, however, entertained controlling sus-
picion that In. the absence Of Congress certain
contingencies might happen Of dangerous
character IL the recess were continued till De-
cember, they would not have adopted the pre-
caution Of leaving the door open for session
in July. What, then, was the suspicion result
ing in this precantiont 1t was the suspicion Of
bad faith on the part of the Executive in exc
cutting these Southern reconstruction laws, il
through all the long interval to December next.
The next question suggested is, why is this i'm
peachment investigation resumed, and why has
it been and why is 1t to be prosecuted during
the recess Of Congresss The object is unques-
tionably to give the committee at once check
rein upon the President, with the power to send
for persons and papers, should he attempt in
the absence of Congress to set aside, misapply
or fail to execute these aforesaid laws ofSouth-
ern reconstruction. Nay, more; there are
certain members of the committee, and of both
houses outside the committee, who expect upon
this test to make up clear case of impeaeh
ment against the President, even in the short
interval to July.
Such are the contingencies upon which
July session Of Congress will depend. If there
are meantime no executive impediments in the
shape of snap Judgments or flank movements,
or legal quibbles or bitches in the work of re-
construction, il is morally certain that the i'm
peachment will hang fire, that there will not
be quorum Of either house present on the Sd
of July, and that accordingly the recess will be
prolonged to December On the other hand,
if the Judiciary Committee shall be furnished
in the interval with the positive facts and evi-
denoe required to make = promising indict-
ment from tho House - . grand jury for .
trial Of President Johesop BY the Senate, there
will be = quorum OF each House present On
the ID Or July, and trial Of che accused be-
eore the Senate, renlting in his conviction Of
q high crimes and misdemeanors." and his
removal from oface. We are sorry to say that
from present indications the implacable radical
enemies Of M johnson have reason to be
hopeful Of making up strong case against
him. he has gathered about him and his ex-
ploded Southern policy large body Of in-
triguing, restless and mischievous Southern
and Northern politicians, and they, it appears,
are now industriously working to make up an
original case, or . case Of appeal for the final
legal tribunal Of the Supreme Court, under the
tanned which will declare all these reconstruc-
ton laws OF Congress null and void.
This is the last resort Of desperate oppo-
sition, and if there were any prospect that the
question involved could be brought directly
before the court there would be some reason
for serious apprehensions in view Of the party
division Of that body-five democrats Of the
old Southern State sovereignty school against
four radicals and conservatives Of the ma
tional sovereignty school. But rs it appears
that the test question contemplated could
hardly be reached in the order of business
before the court for two years to come, all
misgivings upon this head may be dismissed.
There Is, however, another matter which,
unless great caution be exercised by Mr.. John
son, may bring him into the impeachment trap
left open to catch him. II is that matter which
duplicates him, at least, as an apologist and
protector Of certain parties alleged to be
chiefly responsible for that shocking New Or
leans massacre of last July.
We learn from Washington that letters have
been received there from New Orleans which
iuSiCutC tuut uCHClaA CuSiiuuu ICuOt0i VI
Mayor Monroe, Attorney General Heron and
Judge Abel was caused by a scheme on their
part to bring about the test Of the constitution
ality of the reconstruction laws Of Congress;
the plan being to originate the issue before
the court Of Judge Abel, and then,
by writ Of error, to carry it up to
the Supreme Court 1t next appears
that Mr.. Johnson's chief law officer,
stanberry, Attorney General Of the United
States, is now engaged upon an inquiry into
the power Of General Sheridan, as commander
Of the Fifth Southern Military district, to re-
move these aforesaid local officers, and that Il
is expected that report against Sheridan and
reinstatement of said officers will soor follow.
Here Is the danger to President Johnson; for
these removed officers, 1t appears are unre-