The New York herald., 1867-04-03

President Johnson, with the passage of the
policy of Congress over his vetoes, we had
concluded would trouble the country no more
with his exploded policy Of Southern recon-
struction. 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 that there would be no further
conflict between him and Congress on the sub
ject 1t seems. however, that while holding
out this idea ~ long as Congress was in ses-
sion, he was all the time meditating resump-
ton of hostilities, and that now, with Congress
out Of the way till July, be 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
may possibly be resuscitated and established
by the Supreme Court of the United States
These men, it appears, have prepared peti-
ton, numerously signed, addressed to Chief
Justice Chase and the associate Justices of the
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, citizen Of Tennessee and Presi-
dent of the United States, restraining
them from taking any action in enforcing
the laws of reconstruction enacted by
GouOraco uuttI tho Of thair ucfittr-
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
Court has no original jurisdiction in such
case, or if they withhold their petition on this
ground, the petitioners will proceed to get up
a case in Alexandria, Virginia, before Judge
Underwood, in order to make an appeal from
his district to the Supreme Court Indeed, they
are reported to be working up such case
in Alexandria at the present time, and Presi-
dent Johnson (backed by his Attorney Gen
eral Stanberry) 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 scheme as this, of hurried appeal
to the Supreme Court, without some invitation
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 Alexandra
case, without first consulting and getting the
advice and consent of Mr.. johnson as the Presi-
dent and az their friend. Mr.. Johnson is,
therefore, the responsible party for these pro-
ceedings, which aim, If possible. to secure in
the absence of Congress decisioD from the
Supreme Court declaring all these lately en-
acted laws Of Southern reconstruction uncon-
stitutional, null and void. rt ....6, .s..
Upon the late Miliigan decision and one or
two ether 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 q
case, therefore, could be brought before this
Court and full bench before July, involving the
constitutonality these vetoed bills, II is possi-
BILE that they might on party division, Eve to
four, be pronounced null and void. What
thens Why then Pandemonium would be let
loose, and discord and confusion dire would
prevail over the length and breadth of the
land. There appears no probability, how
ever, that the case suggested can be worked up
before the reassembling Of Congress, or that in
the interval full bench Of the Supreme Court
could be mustered even ii the appeal con-
templated should be brought in. There are
one or two invalid members of the old demo-
cratic Taney school who must not be over
looked in these nice calculations.
Assuming, therefore, that all these schemes
for defeating Congress through snap judg-
ment from the Supreme Court are moonshine
and green cheese, what will be the conse-
quences of these proposed experimental The
mere announcement Of such projected legal
proceedings under the advice, connivance or
consent of the President will operate to check
the work of reconstruction so promisingly
commenced in the South, and will result in
another Northern reaction against him and
his political supporters. In this thing Mr..
Johnson is blundering again-he is furnishing
new capital TO the Northern radicals, and is
doing exactly what they want in delaying and
confusing the work Of Southern reconstruction
and restoration. The longer the excluded
States remain excluded by their own and the
Presidents folly, as their chief adviser, the
better will it serve the political game Of The
radicals. Moreover, he is strengthening the
impeachment party before the Impeachment
committee In these movements 10 bring about
a conflict in his behalf between the Supreme
Court and Congress.
III there were any chances or n single pro-