Year: 1868

0AdOh a "a HI
that no clause in the constitution actually
prescribes what number Of Judges shall
decide case in the Supreme Court ?"


"The provision was not necessary. Time.
honored nsage-nay, the regulation of the
court itself-was and is sufficient. A ma
joriiy of Judges have always prevailed in
all courts, in England, France and else
where, as well az in the United States.
This is an attempt to strip the Judicial
branch of the government Of a right which
it is competent to define and maintain"


g 1t is your opinion, then, that a majority
OF the court can decide against the validity
OF the pending bill, and ignore it IL it
should pass both Houses p $3.50


"That is my opinion ?' 3,.sa.a-


q 1t may be superAuous to presume that
the President ia in no wise at fanit respect
ing the partisan object of both the bills
which have been alluded to ?"


"Quite superluous. As I explained at
the commencement, this so-calied recon-
struction bin is destined, If carried into
effect, so TO increase and consolidate the
military tyranny which has already come
nigh to ruin the Southern States. that no
body of legislators not run nearly wild
with party idea could think of forcing il
through. The vast cotton interest, which
used to pay an enormous revenue to the
government, instead of having been recu-
perated since the war, has nearly died out.
In place of the revenue which it yielded,
and which helped to Tighten the taxes of
Northern citizens, there is now an almost
absolute blank on the books the Internal
Revenue Department, and the government
not only has to bear this loss, but expend
an amount more than equal to it to sup
port deliberate crushing system
upon the patriotism and enterprise
of the Southern people. Here is
policy of repression which chokes up
the fountains of revenue in the South, is
continually making paupers there among
both the white and black population, and
compels the government to fall back upon
the North for three-fourths of its current
revenues, and pledge its creditor additional
means. One.half the country, having
spent its substance to fight the other half
back intothe Union, finds ITSELF now that
it has accomplished its object, the scape-
goat of a political party which, for its own
interests, prevents the defeated section
from taking its rightful place again under
the shelter Of the constitution. This is not
all. The measures of that party will, in
my judgment, tend to repress, for an in
definite period, such development Of the
resources Of the South as had been accom-
plished before the war. 1t is grinding out
and disco uraging the property holding and
intelligent class of citizens to place all
power, the whole conduct of affairs, in the
hands of negroes and the few native whites
and, Northern adventures who would share
it with them. Look at Tennessee, the re-
constructed and model State. There
are fifty thousand negroes, and twenty
thousand whites who vote with them,
making seventy thousand in all entitled
to the suffrage. These represent negro
population of say two hundred and seventy.
fivethousand. Butthere are one hundred and
thirty thousand white citizens, representing
a white population of more than eight hun
dred thousand-the property the
business and professional community of
the State-who are practically excluded
from participation in the government.
How does that work ?


"Now," continued Mr.. johnson, with
good deal of vigor, "every one knows, or
ought to know by this time, what my posi-
ton was and is in regard to secession.
had to sacrifice something myself to vindi-
cate my conviction that it was wrong and
inadmissable, bat consider the extremists
who have violated their own express de-
claration of the object of the war, and who
are dishonoring the constitution every day
they proceed with this damning policy to-
ward the South-I consider these men,
say, far more inconsistent than, and quite
as reasonable as any Rebel who fought in
the Southern armies. The men who tried
to'take the South out of the Union were at
least consistent in this, that they did not
object 10 the constitution itself, but were
led TO fear that they would not be suffered
toretain their rights under it. War was
resorted to by the government TO restore
abe Union and compel these IHen OF the
South TO again resume their status az citi-
zens of the United States. 'YOu are not
out of the Union and cannot get ont of it
the constitution does not admit the Sc
cession of State, and we are defending the
constitution by whipping you back under
IT, said, in the beginning, all (including
the Republican party who favored the war.
With this declaration ringing in their ears,
the whilom Rebels, having been whipped
back under it, reasonably demand that the
privileges which il accords TO them as citi-
zens shall be restored TO them. But instant
ly they are met by political power in
Congress with the astonishing announce
ment: We'll, you did succeed in outlaw
ing yourselves, after all; you did succeed
in getting ont of the Union; you did snc>
ceed in depriving yourselves of citizenship.
We did not restore you; we conquered you.
You are beaten, helpless, at our feet; stay
there until you suffer yourselves 10 be re-
constructed after our fashion. The old
Union is no more; we propose to remodel
il in our own way. The constitution-ah,
we will, if necessary, go outside of that
You have set us an excellent example"


After this admirable paraphrase of the
Radical policy, the President arose and
stood towering.


"What pitiful condition is thisl If
there had been a generous, liberal-minded,
law-abiding predominant sentiment in the
North, why, by this time the South would
have been almost upon its legs again. |
do not say that the negroes wonld all have
been at work-that all the plantations
there would have got to prospering rs they
once did. But there would have been none
Of this hurry to thrust negro suffrage down
the throats, as it were, of a people whose
repugnance to the morsel can be only grad
ually overcome. The vanity of the negroes
would not have been SO fed to bursting
that labor, free labor for their old masters,
should be neglected, shirked and lost.
There would be no military usurpation,
but civil governments organized in each
State by the citizens most familiar with the
character and requirements of the several
populations and interests. Finding their
old social and business interests thus con-
cerned, with the single exception of slavery,
the property owners, merchants and indus