The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-11

settles this question as to the power Of Con-
gress over these rebeilious Statea In .
despatch OF July S6. 1865. If we remember
correctly. from Secretary Seward 10 Governor
Sharkey, he Is informed that all these recon
struction proceedings under the Executive are
merely provisional and subject TO The approval
Of Congress. In another despatch from Mr:'Sew-
ard to William Marvin, Provisional Governor
of Florida, of September ~, 1866. the Secre-
tary Of State, speaking In the name Of the Pre-
sident, says :-'It must, however. be distinctly
understood that the restoration 10 which your
proclamation refers will be subject TO the
decision Of Congress-" That was tho position
Of the administration In 1855. II recognized
the supreme authority Of Congress over this
whole matter Of Southern reconstruction and
restoration, including the adoption or rejeo-
ton Of oil that tho Executive had done or
might do In the absence Of express authority
from the iA~nskiAg power. It sollows' that
III the President was cerrect ss he unqsstaon-
silly was, IN Ais pssisoa Of 1885, ne Glands
,eow apoa uutesSsie 4roaAd q sasuaias that
snaer bin aatAsfisy, 4hs rSAea STATES have been
rsinstated In ali tAeir Constitutional riShtA
regardless ~ Tho aatsofity Of DcaSrssa \.
II Wa, saJ That tho Executive cs6aos stand
upon thls ground, but that be must fail u he
persists In bis efforts to hold u. A greater
conflict Is involved in it than he dreams Of
His constitutional duty is to see that the laws
Of Congress are faithfully executed; but what
laws have justified bis Southern recOnstruction
proceedingsf They are clearly without any
authority In law, and in assuming that his acts
in the premises, without the approval of Con-
gress, are laws overriding Congress, he exposes
himself to clear cause Of impeachment on
the charge Of usurping the constitutional
powers of Congress- Had he acted consist
emily after the test to which he submitted his
Southern policy in the late Northern elections
he would have yielded to the verdict Of the
people-of half million of majorities against
him. Twenty-Five States, including Tennes-
see, embracing two-tbirds of the population Of
the whole United States, have declared for the
policy Of Congress. Against this powerful
array what can Mr.. Johnson do with Delaware,
Maryland, Kentucky and the ten excluded rebel
States Nothing but block the way against
Congress. But on what is bis reliance in thus
blocking the wayf Tho Milligan decision Of
the Supreme Court and the balance of power
held in that Court by one of the Judges of
the bred Scott decision. This ia certainly q
strange condition Of things, that one man of
the old South Carolina Southern rights school,
with his ipse diri in the Supreme Court. is
found to hold the power to shape the Presi-
dents policy at this crisis and 70 block the
wheels Of Congress- regardless Of the issues Of
the war and the outspokeo will Of the people,
This is the conflict, aud how is il to be set
tleds It may be settled by. reorganizing the
Supreme Court 30 as 10 cat cut o Judge or
two1-one win suffice. II may be- settled By
the Presidents impeachment; but as his trial
before the Senate would probably soc0upy .
year OF two and throw the country meantime
into ruinous confusion. the safest course ia for
Congress to do the best 1t can with the admin
istration meantime and prepare for what will
bring = decisive settlement--another appeal
to the loyal States and the great Union party
Of the war in the election Of the next President
and the Forty-lrst Congress,