Year: 1867

New York Herald, writing on the Ilth
inst, thus refers to the impending conflict
between Congress and the President


The fact is, there is a fierce political
storm brewing. All the indications point
that way and show that the strife between
the President and Congress, which has been
growing and increasing daily, must seon
burst out into something more serious than
mere wordy clashes, something worse than
threats and yitnperation ca.h
\ On one side is a President unshaken in
his convictions Of his rights and duties as
the Chief Executive of the nation, and de-
termined to protect his prerogatiyes from
the encroachments Of those he calls the
enemies Of constitutional government and
rational freedom. On the other is a Con-
gress admitted by its leaders TO be aiming
at power and influence "Outside the con
stitutiOn," and apparently determined to
brush away every obstacle to the success Of
their object, even to the length of impeach-
ing and removing a cOnstitutionallv elected
President. If these two contending pow
ems are in earnest, there Is, indeed, a dark
prospect ahead fresh trials and tribula-
tions are in store for the nation, and there
is abundant cause for the gloomy fore
bodings and apprehensions expressed by
the Conservative element of the country.


THE nrPEAcHERs IN EARNEST.


After carefully striving to get at the truth,
so far as the controversy between Congress
and the President is concerned, | have ar
rived at the conclusion that both Congress
and the President mean mischief. The
Radicals intend TO press impeachment at
the next meeting of Congress, and the Pre-
sident is firmly determined to resist il ri et
oymjs, by using all the power and agents
under his control. The Radical leaders
have coUle to the conclusion that the Presi-
dent is resolved to carry out reconstruction
on terms least oppressive to the conquered
Southern people and least in sympathy with
the Congressional negro supremacy plan.
They believe his purpose to be to restore
the disfranchised whites in the South to all
their rights as citizens, and particularly
that Of suffrage, of which they are deprived
under the present system of registration.
They believe he will employ the whole
policy of saving millions of intelligent
whites from the domination Of an inferior,
ignorant and but half civilized class, 80 re
Gently delivered from the bonds of slavery
and suddenly invested with the rights of
freemen. They see in the execution of his
plan the destruction of the means by which
the great Republican party designed to
control the South and extend their own
lease Of power and patronage, at the sacri-
fee of patriotism, justice and every right
principle. Observing all this, they are
naturally eager for his removal, and now
clamor for impeachment with louder voice
and greater zeal than formerly.


They point to the setting aside Of Stan
ton, Sheridan and Sickles to the lately
Issued amnesty proclamation to the proc
lamation warning all civil and military
officials to regard the constitution and obey
the mandates of the Supreme Court; to the
order served on all the subordinates of the
government telling them to take Cogni-
zance Of these proclamations-and urge
that all these acts and steps are but part
of deliberate plan Of the President to set
Congress at defiance and place himself in
hostility to the reconstruction laws, on the
theory that they are unconstitutional and
void. They ask, what will be the result If
We do not in time check all this, and place
johnson where he can no longer obstruct
us or violate the laws we have passed over
| all his vetoes?


Taking it for granted that the Radical
leaders are in earnest and that all their
loud threats are not mere idle boastings, it
becomes a matter of interest to know how
the President will act in the event of his
attempted impeachment


WHAT THE PRESIDENT WILL DO IF IN


PEACHED.


/ am reliably informed that he will re-
gard the action of Congress as revolution
airy. The Radicals having abandoned the
idea Of trying him for high crimes and
misdemeanoTs, and justifying his impeach-
ment merely on the ground that he is, in
| the language Of Butler, an "impediment "
to reconstruction, he will not recognize
their proceedings az legal or constitutional,
and will pay no respect to their resolves
and determinations. Should articles OF
impeachment be presented and a resolu-
ton passed suspending Mr.. johnson and
prohibiting him from exercising the
functions of President, should Wade be
chosen to act as President dd interim, and,
armed with this color of right and law,
command johnson 10 vacate the White
House and turn over to him all the proper
ty, papers, etc, pertaining to the Execu-
tive Office, have reason 10 believe that
Mr.. johnson will decline anddefy Congress
TO do its worst. The Presidents view OF
| the matter is said TO be this: Each of the
three great branches of the government is
| for itself the iGdge Of the constitutionality
of a law. Congress, in the first place Is a
\ Judge. It passes a law according 10 con
4 -,
| over the Presidents veto. According to
the constitution, IL can only legislate or
certain subjects. Well, the law is passed
and il comes to the President for eXecu
ton. He is sworn TO faithfully execute hi,
| Office and "to preserve, protect and defend
| the constitution of the United States.
| Whois to determine for him whether th,
law passed by Congress does not contic
with the constitution he is sworn 10 defend


If he considers il clearly in violation o
the constitution, is he not under the mos
solemn obligation 10 refuse 10 enforce 1t
Ii is commended l,y some that the more usua
mode is for the President TO assume Law
constitutional until otherwise declared b.
the Sunreme Court This the Preslden
considers only applies TO doubtful cases
but where the conflict with the constitution
is clear and undoubted the President con
siders il is his duty to decline its enforce
ment altogether Applying this 10 i'm
peachment, the following is the result
| Congress passes articles Of impeachment
suspends the President and orders his an
rest. The alleged odense is that he refuse
to enforce the laws which he honestly be
| heves to be in antagonism with the con


stitution.


lie takes one view Of the law, Congress
another. He holds that he can only be re
moved on conviction of treason, hriber.


and other high crimes and misdemeanors.


He holds that mere difference of opinioi


as to the constitutiouality of law betweei
himself and Congress is neither treason


bribery nor other high crime or misde


meanor. lie holds, therefore, that he car


not be impeached, suspended or remove


from Office


Congress insists he can. Then, he con


siders, Congress places itself in an attitud


Of revolution. 1t thus violates the const


tuition by attempting TO usurp the ExecJ


tive power, and must be put down. Ho


will this be done2 The President, actin


for the best interest Of the country an
deeming the safety Of the republic in dal