The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-01-26

Southern States.
We have the information from Washington
that the President adheres strictly TO his
policy-that he does not intend to give way
that while he expects nothing but opposition
from Congress, he looks to the South TO sustain
him in his position against the unconstitutional
lily Of the reconstruction acts and movements
of the two houses, and that as there is no
desire for a compromise on either side except
skill, the opinion begins to prevail that the
shortest road to settlement lies in the
HERALD's plan Of pushing through the work Of
this great revolution, even to Mr.. Johnson's
impeachment and removal from office.
The most important fact in this statement of
the Southern States. In the Washington cores
pondence of Charleston paper january 10
upon this point, ii is said that . political
and intimate friend for many years Of Presi-
dent johnson had q long and confidential inter-
view with him some days ago, during which
in the matter Of recognizing the present rump
Congress, which did not think he would, there
were ample reasons TO Justify his course;' and
that % Texan, net one of the delegation, who
saw the President the day before yesterday,
came away with profound and unexpected con-
fidence in his frmness = and yet again, that
sit is pretty certain that the Supreme Court
will soon decide that test oaths are unconstitu-
tional'-Che decision has since been pro-
claimed)-and that, further, the same court
will in the Alabama case-(taxes not paid on
the ground that the State was in Territorial
cond,tion) decide that States are States, not
Territories. From this testimony it appears
that while the President relies upon the South
en States for the success Of his policy those
States rely upon the President to restore them
to both houses of Congress in spite of all that
Congress has done or may do to keep them
out.
How is this thing to be donsf The Presi.
dent, it is broadly minated, contemplates o
new experiment. South Carolina, for instance.
is to be persuaded to Try the Impartial suffrage
of Massachusetts, TO whites and blacks alike, Of
reading and writing Qualification, and is thus
to elect Legislature and loyal members to
Congress. The President is then to extend to
the rebels Of South Carolina general amnesty.
The members thus elected to Congress are next
to apply for admission, and Congress, it is
thought will not dare to reject them. All this
programme proceeds, however, upon Mr. john
sons theory that South Carolina, under his
Legislative authority and without the consent
Of Congress Is really restored to her rights a. .
loyal member of the Unien;. aad it is jsst hero
that the shoe pinches. The real issue between
him and Congress IL question Of right and
power. Has he Or has Congress the right and
the power under Tie constitution to reoryanizs
q State Destroyed sr snspsaded in its functions
as State by rebellion against the constitution
and the Unions Clearly the right and the
power are with Congress. Mr.. Johnson 80
stated the case in 1865 to some Of his Provi-
sional Governors, for the information Of all, in
proclaiming that all his proceedings in the re-
organization Of the rebel States in the absence
of any express authority from Congress, were
merely provisional and subject to the approval
or rejection of Congress.
Had Mr.. johnson held fast to this sound doc
trine all would have turned out well between
him and Congress. The pending constitutional
amendment instead Of being Indignantly re-
jecsed, would have been gratefully accepted by
all the rebel States. In diverging to this other
doctrine that the Legislative powers of the gen.
eral government over the States and Territories
belong to the Executive and not to Congress,
M oov,or,;ttad a or;a1oua hlrndar In ouoooI;pr
from Congress to the people on this issue and in
then disregarding che popular verdict he still
further weakened himself and strengthened
the cause of Congress. In turning now his
back upon the all-powerfnl and authoritative
loyal States and in stalking his fortunes with
Che rebel States in their defiant attitude against
Congress he is only repeating the disastrous
folly to himself and his allies which marked
the final struggle of King James The Second, in
attempting, through Ireland. the recovery Of
the crown Of England.
A decision from the Supreme Court deeiar.
ing Alabama ~ legally State reinvested
with her constitutional rights wiil not help
him, because an issue decided by war admits
Of no appeal. II is settled But suppose the
presidents, backed by the Supreme Court shah
assume the responsibility 70 enforce its de-
crees az the head Of the army and navy As
in this last resort he would ind at least TWEEN
ty-three Of the loyal States-governors legis-
latures and people-arrsyed as q unit against
him, the experiment will not be tried; for =
million Union veteran soldiers stand behind
the ultimatum Of Congress on the issues settled
by the war. What, then, is to be the upshot
Of this rupture between the President and
Congress, when il Is apparent that tho legisla-
tive department cannot surrender ita righttul
authority and the Executive will not abandon
his assumptions. There ramains no aIterna.
ssk-xya- -
tive but that provided in the constitution for
the impeachment and removal Of the President
from his ofSca Mr. Johnaon then must re-