The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-03-05

question: Mr.. Wilson, Of the Judiciary Com
mittee Of the House Of the retiring Congress,
charged with the examination of certain ALE
cations of "high crimes and misdemeanors"
against the President Of the United States, re-
ported to the House. on Saturday night last,
that since January they had been actively pro-
scouting the task assigned them, that they had
examined large number of witnesses, had col
lected many documents, &C., but that they had
been unable 10 bring their examination to
close. Not having fully Investigated all the
charges against the accused they deemed it mex
pedient to submit any conclusion beyond the
statement that sufficient testimony had been
given "to justify and demand further prosecu-
ton of the investigation" And so the testimony
taken was delivered into the hands Of the Clerk
Of the House, subject to requistion from the
new Congress, for the use Of such committee
thereof "as may be charged with the duty Of
bringing this investigation to an end, so that
the labor expended upon 1t may not have been
in vain"
Thus, then, stands the case. The committee
Of the retiring Congress report that sufficient
demand further prosecution Of the investiga-
tion;" and so among the first proceed
ings Of this new Congress will probably be
the adoption Of resolution instructing its
Judiciary Committee to resume the in
vestigation and push it to q conclusion.
When the retiring committee say tina! this
course is demanded by the evidence
obtained, we cannot avoid the inference
that President Johnson is in great danger.
Mr.. Rogers, of New Jersey, on the other hand
Of the committee, in . minority report, says
that he has /" carefully examined all the testi-
mony in the CASE" and that in his opinion 1t
"is without particle of evidence upon which
impeachment could be founded !" but it must
be remembered that Mr. Rogers is believer
in all the Presidents doings, in opposition to
and in defiance Of Congress, and that his opin-
ion is not likely to have much weight beyond
the lines Of the Presidents supporters.
On Saturday the Hon. Ben Butler delivered
at Albany lecture in which he earnestly
urged impeachment as the only remedy for Mr..
johnson. Yesterday while the democrats in the
new Congress were rejoicing over their new
accessons of Fernando Wood, James Brooks
and John Morrissey, the Hon. Ben Butler
was holding a quiet little confidential chat
with Old Thad" Stevens. The special topic
of this consultation will perhaps appear (after
the appointment Of the regular committees of
the House by the Speaker) in new impeach-
ment resolution from Mr.. Butler, embracing the
rocuuution ~ tho Lotto IN oot;oo t;oro Moor
time. however, we expect q general message
from the President to the two houses on the
state Of the country, and in this message, If he
will, he may create such diversion in his
favor as to secure q suspension of all these
impeachment proceedings. He has, we believe,
only to recognize the complete overthrow of
his Southern policy, the new obligations which
are upon him in seeing tho policy and the
laws Of Congress faithfully executed" and to
declare his purpose in good faith to execute
these laws, in order to have the sword Of
Damocles, which is still hanging over his head,
taken down.
From the tone Of his veto message on the
Reconstruction bill we are not very sanguine
that he will adopt this course. In that mes
sage he garnishes his constitutional objections
with charges of partisan motives and designs
operating with Congress-charges more be-
fitting stump speech than q State paper.
Nor does he disclose in the temper Of this
message any purpose or inclination to recog-
nize his obligations under this bill If passed
over his head. But after his doings in the
South upon The pending constitutional amend
ment some explicit assurances in regard to
this new law will be necessary for his saliva
ton. Against this law he is as powerless as
South Carolina or Wade Hampton. He can
no longer make change in his Cabinet or
remove an oficeholder without the consent Of
the Senate. Congress, too, in no mood for
further trifling, is on the ground awaiting his
decision upon this Reconstruction bill
What will Mr. Johnson do! The Hon. Ben
jamin F. Wade, President of the Senate is as
anxious to hear, no doubt, as the anxious
leaders Of the democratic party. Fairly beaten
at every point, and disarmed, there remains
to Mr.. johnson the only alternative of q
graceful surrender to Congress or an indignant
resignation Of his Office, II he would escape the
last resort of impeachment A protest like
that Of Mr.. Brooks against this Congress as q
rump Congress will be only the folly of that
melancholy Chicago pilgrimage over again.
The spirit Of his late veto, so well calculated
to aggravate rather than soften the hostile
temper Of the South against Congress, will no
longer answer. First Of all, the case of Mr..
johnson requires his submission gracefully to
the sovereign law making power; and sec
ondly, that faithful execution Of the law which
will most readily bring the excluded rebel
States to graceful submission. Let him meet
these requirements in his opening message to
this new Congress, and let him next issue .
proclamation to the South urging generous
submission to the law, and resumption Of the
impeachment investigations will be indefinitely
postponed. The whole case now hangs upon