Page:The Atlantic Monthly, Volume 18.djvu/517

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1866.]
The Usurpation.
509

his conduct. Nor can he assert that the Rebel States are, and ever have been, States of the Union, and always and ever entitled to representation and without conditions; for then is he guilty of impeachable offences in demanding of them the ratification of the constitutional amendment, in dictating a policy to the Southern States, in organizing provisional governments, in inaugurating constitutional conventions, in depriving officers elected or appointed by authority of those States of their offices, and, in fine, in assuming to himself supreme authority over that whole region of country for a long period of time. Thus his only defence of his present policy contains an admission that he has usurped power, that he has violated the Constitution, that he is guilty of offences for which he ought to be impeached. Thus do the suggestions which the President tenders as his defence furnish conclusive evidence that his conduct is wholly indefensible.

While then the President cannot defend his conduct, it is possible for others to explain it.

Its explanation maybe found in some one or in several of the following propositions:—

1. That the Rebel leaders have acquired a control over the President, through the power of some circumstance not known to the public, which enables them to dictate a policy to him.

2. That he fears impeachment, and consequently directs all his efforts to secure more than a third of the Senate, so as to render a conviction impossible.

3. That he seeks a re-election, and purposes to make the South a unit in his favor, as the nucleus around which the Democratic party of the North must gather in 1868.

4. That he desires to reinstate the South as the controlling force in the government of the country.

In reference to the first proposition, we are restricted to the single remark, that it is not easy to imagine the Rebels capable of making any demand upon the Executive which, in his present state of mind, he would not be prepared to grant. He has pardoned many of the leaders and principal men of the Rebellion, and some of them he has appointed to office. He has resisted every attempt on the part of Congress to furnish protection to the loyal men of the South, and he has witnessed and discussed the bloody horrors of Memphis and New Orleans with cold-blooded indifference. Early in his term of office he offered an immense reward for the person of Jefferson Davis; and now that the accused has been in the official custody of the President, as the head of the army, for more than fifteen months, he has neither proclaimed his innocence and set him at liberty, nor subjected him to trial according to the laws of the land. Davis is guilty of the crime of treason. Of this there can be no doubt. He is indicted in one judicial district. The President holds the prisoner by military authority; and the accused cannot be arraigned before the civil tribunals. Davis was charged by the President with complicity in the assassination of Mr. Lincoln. There is much evidence tending to sustain the charge; but the accused is neither subjected to trial by a military commission, nor turned over to the civil tribunals of the country. These acts are offences against justice; they are offences against the natural and legal rights of the accused, however guilty he may be; they are offences against the honor of the American people; they are acts in violation of the Constitution. If the elections of 1866 are favorable to the President, they will be followed by the release of Davis, and the country will see the end of this part of the plot.

Upon any view of the President's case, it is evident that he has thrown himself into the arms of the South, and that his personal and political fortunes are identified with Southern success in the coming contest. He claims to stand upon the Baltimore Platform of 1864, and to follow in the footsteps of President Lincoln. The enemies of President Lincoln are reconciled to this as-