Page:The Atlantic Monthly, Volume 18.djvu/647

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1866.]
The President and his Accomplices.
639

they claim such eminent traditional rights and privileges. Respectable as these States may be as infant phenomena, it will not do to Methuselahize them too recklessly, or assert their equality in muscle and brawn with giants full grown.

It is evident, from the nature of the case, that Mr. Johnson's labors were purely experimental and provisional, and needed the indorsement of Congress to be of any force. The only department of the government constitutionally capable to admit new States or rehabilitate insurgent ones is the legislative. When the Executive not only took the initiative in reconstruction, but assumed to have completed it; when he presented his States to Congress as the equals of the States represented in that body; when he asserted that the delegates from his States should have the right of sitting and voting in the legislature whose business it was to decide on their right to admission; when, in short, he demanded that criminals at the bar should have a seat on the bench, and an equal voice with the judges, in deciding on their own case, the effrontery of Executive pretension went beyond all bounds of Congressional endurance.

The real difference at first was not on the question of imposing conditions,—for the President had notoriously imposed them himself,—but on the question whether or not additional conditions were necessary to secure the public safety. The President, with that facility "in turning his back on himself" which all other logical gymnasts had pronounced an impossible feat, then boldly look the ground, that, being satisfied with the conditions he had himself exacted, the exaction of conditions was unconstitutional. To sustain this curious proposition he adduced no constitutional arguments, but he left various copies of the Constitution in each of the crowds he recently addressed, with the trust, we suppose, that somebody might be fortunate enough to find in that instrument the clause which supported his theory. Mr. Johnson, however, though the most consequential of individuals, is the most inconsequential of reasoners; every proposition which is evident to himself he considers to fulfil the definition of a self-evident proposition; but his supporters at Philadelphia must have known, that, in affirming that insurgent States recover their former rights by the fact of submission, they were arraigning the conduct of their leader, who had notoriously violated those "rights." They took up his work at a certain stage, and then, with that as a basis, they affirmed a general proposition about insurgent States, which, had it been complied with by the President, would have left them no foundation at all; for the States about which they so glibly generalized would have had no show of organized governments. The premises of their argument were obtained by the violation of its conclusion; they inferred from what was a negation of their inference, and deduced from what was a death-blow to their deduction.

It is easy enough to understand why the Johnson Convention asserted the equality of the Johnson reconstructions of States with the States now represented in Congress. The object was to give some appearance of legality to a contemplated act of arbitrary power, and the principle that insurgent States recover all their old rights by the fact of submission was invented in order to cover the case. Mr. Johnson now intends, by the admission of his partisans, to attempt a coup d'état on the assembling of the Fortieth Congress, in case seventy-one members of the House of Representatives, favorable to his policy, are chosen, in the elections of this autumn, from the twenty-six loyal States. These, with the fifty Southern delegates, would constitute a quorum of the House; and the remaining hundred and nineteen members are, in the President's favorite phrase, "to be kicked out" from that "verge" of the government on which they now are said to be "hanging." The question, therefore, whether Congress, as it is at present