Year: 1866

seem as II Ill the ulIucuity petWeen mr.
johnson and the Congress lay in the ques-
ton of reconstruction. That whether the
late disloyal States should be admitted at
once, or that admission deferred to late
period was all the point at issue, and if
that were once settled aUwould be settled.
1t is true that there is great gravity in
this, but still the real issues lie back of it
and are now, in the progress of the con-
troversy, being forced into the view of
the people. Perhaps all these issues date
back to single one. As in the question


of reconstruction, they all refer to whether
we can or cannot trust the South, SO in
this it is not whether the real power
which has been exercied and is being ex-
ercised by the President in reference to
the reconstruction of the South, belongs
to him or to Congress. The President,
it will be remembered, called no session of
Congress at the close of the rebellion and
commenced to deal with the greatest ques-
tions which have entered into political
economy within the knowledge of history,
entirely alone. 1t is not our purpose to
say that these plans have not been the
best-that the assembled wisdom of Con-
gress would have devised any better. It
is very possible that the President has
dealt with them in q manner SO masterly
that they could not be imp roved. But
the question mooted by Congress is, ought
he so to have dealt with them upon his
own responsibility? Did the power to do
it thus belong to him? Is he not trans
cending the power attached to his posi-
ton when he ventures to announce the
term of peace in an insurrectionary dis
trict? Can he, in accordance with his
occupancy of an executive position, pre-
scribe legislative enactments to those dis
tricts! Has he a right to appoint pro
visional governors and direct them to call
conventions to reconstruct. the legislation
of the States, upon principles which he
lays down to them? Does not all this
power belong to Congress and not to the
Executive And if it does belong to
Congress, then has not the President
committed grave wrong in assuming
powers to himself expressly conferred
upon Congress. The pleas of necessity
is not admitted by that body because
they could have been called together at
any time and considered this important
work. The President does not believe
that he has transcended his power, and
is sure that his plans have resulted in
the greatest good. He points to the posi-
tion of the Southern States SO rapidly
assuming shapes of law and order, and
makes that position n1s ropty Wv
Questioning of what he has done. On
the other hand che Congress, while. admit
ting that this is true, yet assert that in
that most essential element of laying the
foundation of hearty adherence to the
Union these plans have been a failure
They attempt to prove from the evidence
before them, that the South dislikes the
Union more than ever, and that they only
accept the reconstruction policy Of the
President because by it they can soon
reacquire their old dominancy in the coun-
ellis of the country, and shape its policy
after the old fashion of Southern suprem-
acy. We do not veture to decide this
question. We do not think for oul
readers, but present them such facts as
we can gather, and let them do the
thinking for themselves. But even il
the policy has proved to be the best, il
still leaves the question upon which the
controversy is carried on to be settled
does the power to legislate for the coun
try or to prescribe the terms of legis
latioD rest in the Executive or the Con
gress In our own opinion whether he
possessed the power or not, Mr.. johnson
was unfortunate in not calling the Con
gress together upon the death of Mr.
Lincoln, and the entire suppression Of
the rebellion. 1t gave the appearance Of
being afraid to trust them; and to refuse
to trust them was to refuse to trust the
country who had elected them. Right
left out of the question, propriety woult
have dictated his asking the advice o.
the persons specially elected by the peo
pie to give it, even if he did as he pleased
afterward H4 ho s


The power to do what he has done il
claimed under. the section which makes
him the Commander-in-c chief of all th'
armies of the Union, and invests him with
the executive departments Of a war. I'm
der this, as the war was not formally de
clared to be closed, he claimed the power





to dictate such terms of surrender as h'
chose. 1t does not seem to us, however
that this meets the case. The surrende
of the armies and suppression Of rebel
lion is one thing, and the construction Q
their judicial and legislative position il
another. We cannot see in any clause o
the Constitution such power vested any
where except in Congress, and all suef
power is expressly committed to thel
charge Perhaps as the controversy be
comes more thoroughly developed we shal
see different; but just now it seems to u u
that in this the President has been mis-
taken. IT, ia certain that Congress hold