Year: 1868

From the New York Evening Post. Jan. 49,


sss Mr.. Johnson, by the choice Of
the people, is the Chief Magistrate Of the
nation; as such he is responsible for the
execution Of the laws, and has a clear
right TO choose the subordinates by
whom the laws are to be enforced. He
must submit his appointments to ofiice
to the confirmation OF the Senate, but is
otherwise Independent Of Congress. The
Tenure-of-0ffice Act, by which the SEN
ate has been made to control the Presi-
dent power of removal, is not according
to the Constitution. Mr.. Stanton be'
lieves that it is not, and yet he ayails
himself of this law, which he says is not
a constitutional law, which is voidable
and disorganizing, to resume a place in
the Cabinet of President Johnson, which
he has been especially desired TO resign.
Il seems to us necessary only to state a
case like this to man who respects the
law and respects himself, TO be certain
of what his course will be. II is not
enough TO reply that large majority OF
the members of Congress have signed
letter requesting him to resume
the duties of Secretary of War.
Members of Congress have nothing to
do with ibs control of the Executive De.
partment; they belong to another and
coordinate department Of the Govern
ment, which, 10 all sound theory as in the
express letter of the organic law, it is de-
sirable to keep distinct; and their inter
ference is as revolutionary as it would be
TO resolve the President out of Office. II
Mr.. johnson does not do his duty, il he
refuses to execute the laws, or executes
| them in such manner as to defeat their
purposes, the remedy for his course is
pointed out. 1t is not to invade the
sphere Of the Executive functions by leg
| islative encroachments, which will be a
precedent for other times, but to i'm
peach and remove him if guilty. But
the plan of impeachment has been tried,
| and after years incubation of it, has
hatched out nothing. Ashleys eggs were
all added and now an illegal course is
to be pnrsRed to attain an end which
could not be attained by'the law. Mr..
Stanton is made the cats paw of this
dangerous and wicked policy.


Whatever Mr.. Johnson's designs may
be, he is answerable only in that way that
the Constitution prescribes. Congress
may not like his individual peculiarities
or his political principles, but he is none
the less as much part of the Govern
ment as Congress itself; and what is
more, he represents nearly as large a
part of popular opinion as Congress
does. 1t may be distasteful to admit it,
but it is true, that the political senti-
ments of the President have large fol-
lowing-not among the rebels only, as
the cry has it, but among the loyal peo-
pie of the North. He is supported in
most of his positions by the great oppo-
sition, or Democratic party, and that
support is extending and growing rap
idly under the fostering care of Congress.
Thousands who have no liking for the
President, personally or politically, who
! think that he has managed his opportu-
mites with an utter want of tact and
skill, and to the detriment of the public
interests, are yet unprepared to see the
establised order of the Constitution as
sailed in his person, and all the imita.
tions and balances Of the Government,
which are the bulwarks of liberty, over.
turned in the hot frenzy of partisan zeal.
From the Springfield (Mass.) Republican,
| Jan. l5th.]


The only defsnsibe reason for recon-
structing the Southern State Govern
ments was the purpose to confer suffrage
on the freedmen, in order to the protec-
ton Of their rights. Those governments
are well enough in every other respect.
| If this single purpose had controlled in
the matter, the process would have been
comparatively simple and unobjection-
| able. But party objects were allowed to
be mixed in. 1t was thought it would be
a good thing so to manipulate the South
ern governments as to secure the votes of
the reconstructed States for Republican
| President. To accomplish this the right
to vote and hold office was taken from all
the Southern whites who had held Office
requiring an oath to support the Consti-
tuition of the United States. This ex-
cluded at once from political life the
most intelligent classes in the South, and
those at the time best disposed to accept
any terms of reconciliation that should
be offered. This made reconstruction
by the white population of the South
| impossible, for they naturally felt that it
would be dishonorable to abandon the
leaders who shared with them the guilt
| of the rebellion. Reconstruction was
thus thrown into the hands of the ne
groes, led by few Northern white men
and s Southerners who did not scruple to
take any oath required of them. That
they should seek to retain power by the
same policy which gave it to them is
matter Of course, and the first new con-
stitution framed virtually excludes nearly
every white man from suffrage and Office.
It is so utterly indefensible on any prin-
ciple of justice and equality that its
trainers fear its rejection by the regis
tered voters, and are begging them to ac-
cept it in the hope that Congress will
strike out its Objectionable provisions.


The course of things in Congress just
now does not tend to sustain any such
hope. 1t is essential to the programme
that the whites Of the South shall be in
the minority, and the determination
seems to be to put it through at all haz-
ards. The last remains Of civil govern
ment in the South are to be swept away
upon the declaration that they are not
republican in form, though the forms
are just what they always have been.
The false reason has some value, how
ever, as showing at least an appearance
Of respect for the phases of the Constitu-
ton. But we have not come to the end
of this business; we can not even see to
it. The governments Of the minority in
the South, and that minority black, will
find it necessary to be more and more
repressivs,, and will need strong mill
tary force to maintain them. Is any
hodH so insane as 70 predict reconcilia.