New-York tribune., 1868-05-02

no legiSiatire or judicial pocer uhdteuer;" that
tbe mower of the President to resist rebellion.
&c. is conferred on him by the laws of Con-
eress, and the repeal of those laws would with
draw from the President all that power; "that
d" tbe power to guarantee to each State repub-
lican form of government, and to protect each
" of them against invasion, and thus the entire
d" war power and quasi war power, r,external and
"internaI, of the government is vested by the
q" Constitution in Congress, and no part of it
rrhaterer in the Presidents" and that
Tbe whole power and duty OF the President in the ex
isng nsurecton is 10 grant pardons TO those engaged
in it, and as connianderin-chief OF the army and
navy to direct their operations for its suppress
sion; aud, as such. his powers are strictly Military,
and are not different from or greater than would be
those OF the senior General IN the service II the Const
luton had designated him TO be the Chief
the power to devise policy or measure for It's suppres
as COmmander-n-Chef of the Army and Nayy"-lAc-
PheJs0ns Hist Rebellion, o. 524-5.l
Mr.. Davis will now vote to acquit Mr..
Johnson purely with reference to the political
aspects of the case. He knows and has testified
that. as between the President and Congress,
the right to prescribe terms of Reconstruction
belongs to the latter Yet this is the pivot of
the entire controversy.
Gov. Seward, in his dispatch to Minister
Adams, states that Mr.. Lincoln, at the Peace
Conference il Hampton Roads (Feb. 3, 1869,
advised the Rebel Commissioners that
"He THE President would be prepared, 50 far as
His power, however, is limited by the Constitution; ani,
when peace should he made. Congress must necessarily
regard TO appropriations OF money and 10 NE dd
mission OF Representatives. rom NE discretionary STATES
-llicPhersOn, p. 80
Gov. Seward-speaking this time for Pres
dent JohnSOn-telegraphe to Gov. Marvin of
Florida (Sept. 70, 1869, approving what the lat
ter had done toward restoration, but adding:
at must, however, be distinctly understood that the
restoration TO which your proclamation refers e be sub
ject 10 the decision Of Congress"
Andrew johnson has for years deliberately
exerted all the great powers of his Office to
nullify the power of Congress over the sub
iect of Reconstruction, substituting therefor
the dictates of his own arbitrary will. He can
not now plead that no process of Reconstruc-
ton was necessary, no terms could be properly
prescribed, since the public records are full of
his own impelous rescripts, directing this State
to repudiate its Rebel Debt, that one to ratify
the anti-Slavery amendment, aud even urging
Mississippi (by telegram to Gov. Sharkey, Aug.
IL, '6j) to foil" " the Radicals by extending the
Right of Suffrage to educated and property
holding Blacks. In short, he has evinced
requisite to battle Congress and exalt himself
as the Alpha and Omega of Reconstruction.
The vital question now to bc decided is
." Shall this mans wicked will he the supreme
" law of the Republic, tramDling her Legislature
land its statutes under his feet" A vote to
acqut him will be an impeachment of both
the last and the present CongreSs-wll be his
license to go further aud do worse throughout
the ensuing ten months of convulsion, appre-
hension, and peril. 1t will be a vote to give the
Copperheads the full benefit, throughout our
approaching struggle, of their filched control
of the Federal patronage, while they osten-
tatously rcpudate all responsibility for John
son and his doings. 1t is a vote to cnthrone
misrule and haow shameless treachery. We
cannot realize that any Senator can so vote
who has not fully resolved to find his future
associates outside of the Republican party.