The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-09-03

or the Attorney General.
The President feels himself called upon to
explain and justify the removal of General
sickles; which is good sign, as 1t implies,
first modest thought that the propriety Of his
own course may not be beyond doubt and,
second, wholesome respect for public opin-
ion. There is hope for one who supposes 1t
possible he may be in the wrong and who
takes what pains he may to put his acts in the
most favorable light. But the case is not very
well made out. The commander OF the Second
District, in the exercise Of governing powers
given by Congress, forbade the execution Of
certain DEGREES of State courts In cases Of suit
for debt He exercised his power solely for
the good OF the people committed to his care,
and arrested the arm of the law where he
found it harming the people it was intended
to protect. Creditors, however, transferred
their claims, so that the same debts came for
ward for collection, not on the authority Of
State courts only, but on the authority Of the
courts of the United States. The Officers, how
ever, were not permitted to enforce these de-
crees, though issued from court held in North
Carolina by Judge Chase, the same dignitary
who had refused to hold court In Virginia
for the trial Of JEFF Davis because Virginia
was under military rule. Judge Chase appa-
rently found North Carolina in different con-
dition. He held his court issued his decree
the military power interfered with Its execu-
ton, and the commander was "relieved !" and
now formidable document gives the Official
view of the case, dwells on the peculiar ma
ture of constitutional government, emphasizes
the necessity Of an Independent judiciary, hints
that Major General Sickles has been guilty Of
a high misdemeanor, and even intimates that
military interference with the civil power Is
treason. Thus we come upon the remarkable
fact that General Sickles, distinguished SOL
der Of the Union, may be guilty of that in
famous crime Of which It is held that JEFF
Davis Is innocent.
All this argument of the Assistant Attorney
General is an old story, and has been gone
over several times before. The ultimate ques-
ton upon which it all turns is that Of the real
status Of the Southern communities-whether
the former States are now States or not, and
what law is paramount within
their limits. For time this dispute seemed
to be mere matter Of political metaphysics;
but the present attitude Of the judiciary, and
The possible collision Of authorities deriving
power from either side Of the question, make
its solution practically important. If the
lately hostile section has no such political
existence as puts it within tho sphere Of the
then the reconstruction law is
paramount, the military power supreme, and
5okles was right. IT, on the other hand, the
States have their ancient vitality, the constitu-
lion is the supreme law, and the action OF the
cannot be sustained. But il the
constitution is the supreme law, how comes
General Sickles there anyhow Whereabouts
10 the constitution Is there any authority for
setting up military governor over sove-
reign Statei Thus, at the shortest step that
IAN be taken In this argument one stumbles
against that great fact, the war and the lawn 1t
,as made necessary, and We see the absurdity
IF attempting to bolster acts Of doubtful pro-
priety by arguments drawn from the state Of
affairs that existed before the food. II this
argument, based upon the assumed integrity
of the States and their constitutional rights, Is
to make an issue with Congress on
ts authority to set up military districts, 1t
night Is well dispute any result Of the war.
r in bis recont acts the President takes no
broader or newer departure than this, If he
,nly rsvives his old pickering with Congress
On points on which the common sense Of the
DeOple Is sure to he against him. he has moved
In vain.