The New York herald., 1867-04-30


President Johnson, there is reason to fear. is
bound for the guillotine. Walker, Sharkey,
Jenkins, and the other parties in Washington
who are laboring to get out an injunction from
the Supreme Court against the execution Of the
reconstruction laws Of Congress, are, it is re-
ported, confident of success They triumphantly
point 10 the Mlligan decision. They have
counted noses, and say that as the great issue
here involved is substantially the same as in
the Milligan case-State rights-the division Of
the Court will be the same: FIVE for the injunc-
ton prayed for and four against 1t. II is given
out that the President anticipates such Q de-
cision, and that he desires it, hoping in this
way to defeat the reconstruction policy Of Con-
gress and to revive his own. Nor would 1t be
. matter Of surprise II the Court were to issue
the injunction asked nor would it, or fifty
similar injunctions, amount to anything with
President resolved to execute the laws, regard
less whether four judges or Eve judges Of the
Supreme Court think this way or that way
upon > political question, the settlement Of
which belongs exclusively to Congress. But as
it is probable that the decision indicated, if
pronounced by Eve judges against four, will be
recognized by President johnson, we may
truly say that herein lies the greatest danger
which has menaced the administration and the
rebel States since the collapse Of their Southern
consederacy.
Whence come these Injunction cases in behalf
of the States of Mississippi and Georgiai They
come from the Presidents friends, par excellence
He winks at these proceedings, or be could have
stopped them. His Attorney General, in appear
ing before the Court for the dismissal Of these
cases, commences his argument with the
strange confession that his political sympathies
are not with Congress, Stanton, Grant and
Pope, but with the cause Of State rights, as
by Jenkins, Sharkey and Walker.
Is not this broadly h;nting to the Court
the wishes Of the Prcsiden! Have we
not in this extraordinary Attorney Gen.
eral an advocate for the government ut
terly unworthy his position! After plead
ing that his sympathies are with the legal
advisers of the rebellion be ought to have
thrown up his case, or the Secretary of War
should have demanded Q substitute. But as
the case for Congress has been left in his hands,
and as it rests upon his argument, it must be
decided upon technically and quibble or it
will be decided against Congress. We say that
we shall not in the least degree be surprised if
the Court decide that ne execution Of these
Southern reconstruction laws Of Congress must
be stopped, inasmuch as these laws are un-
constitutional, and theefcre null and void.
Looking ct the Millisaa decision, we are pre-
pared for this result Mark, too, the onscial
course of the Presiden in .the South before and
after the Milligan decision. Before it the ofa-
GERS Of the army in tle rebel States were given
, large margin Of Jurisdiction over civilians
and oiS(l cases but it was not 20 after the
Court (dve TO four) had affirmed in that deci-
and punishment Of civilians by military tribu-
mails in States where the civil courts are open IL
contrary 10 the constitution. So now, while in
the absence Of any judgment from the Supreme
Court the President proceeds to the execution |
" these sweeping laws Of Congress, we may
expect that he will gladly obey an injunction
which will ut once vindicate his vetoes and |
i've him chance for turning the tables upon
congress. Who are the five judges Of the Mil
gan decisionf Nelson, Grier, Clifford, Davis
nd Field. The first three Of these belong to
10 Saurian epoch Of Calhoun, the fourth be-
'ngs to the old red sandstone democratic
'rmadon Of General Dix, and the nfth 70 the
'ixon and Doolittle conglomeratea Any one
these men will do to represent the political
majority Of one in the Court which they
ommana. We will, therefore, take Justice
'liford = speaking the will OF the Court and
he law 10 Andrew Johnson. We have in
ustice Clifford, as politician and constitu-
onal expounder, the Siamese twin Of James
And Il his dictum to set aside the
aws Of Conyre@f The question IL absurd.
THAT then, re we to expect II the Supreme
ourt and the President cooperate in set
ng aside the act for the more efficient gov
rnment Of the rebel States," and with It the
billi
We have not the shadow OF doubt a to
hat viii be the remedies Of Congress. To
,cure man in the White House president
fade, of the Senate,) who will execute the
Iws, Andrew johnson, with the reassembling
Congress in July, will be hauled up for trial,
nd will be impesched and removed; and in
rder to secure Supreme Court which will at
md to It's law business, and not undertake to
eto the Legislation Of Congress passed by a
vo-thirds vote in each house over the Presi-
enps vetoes, the Court itself will be recon-
ructed. Meantime, with the suspension OF
Il
n reconstruction, political confusion, civil
scords, violence and crime will be revived
ON the Potomac to the Rio Grande, and the
action upon the Northern mind win give the
'tremest radicals the control Of Congress.
aus, after disposing Of Andrew johnson and
Q present fossilized Supreme Court, Congress-
III proceed to what aOld Thad Stevens
ould call "a mild measure Of Southern con-
cation, for the indemnify Of loyal Southerners