The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-07-04
THE CUBAN FILIBUsTERs.


namely, that administrative power In govern
nent has an eternal tendency to augmentation:
The captivating bauble is ever being fondled and
nursed into extension and under pleas Of necessity,
the public good, or the holder warrant Of undis-
guised uarpstion, its dimensions are enlarged, till,
ike the frog in the fable, its end is explosion. De
prs i s Te may the rule has , no VI
catastrophe, but the cankerous evil Is never cured.
One Of the most popular cheats by which power
augments its pretensions, is by the plausible dis
guses Of precedent. One bad precedent readily
gets Others and all serve as standards for imtaton
Whether originating in willy craft, blind zeal, -
honest ignorance, they are equally potent for mis-
CHIEF, and the party who opposed them when init
ated too readily follow them as examples.
l do much regret that President Pierce has made
his present demonstration in this line Of bad prece
dents. For, though he has avoided the hbellous
vugarties INDUCED in by the late administration on
ditabe blunder as to affect to commission the mill
tary with the functions of the tip staff by virtue Of
proclamation; and though his language is decently
discreet and his object e expressed seems to
ntted his views, policy and opinions, so Published,
are not timely and well advised and the power
asserted more than questionable. AstF
propose brief inquiry into the authority for
such proclamation, and of its objects, and the
policy and opinions therein expressed.
General Pierce says that it Is " in virtue Of the
authority vested by the constitution in the President
of the United Stafesn that he issues this proclaa-
ton. Now, we have many laws Of Congress which
give the power make it the duty Of the President
70 issue proclamatons in the particular cases which
these laws have specified. Such is his duty by law,
in cases Of domestic Instructions But our neutral
ity laws have enjoined no such duty, and given no
such power. And to all who have read the con-
stution Of the United States it is sufficient to say
i contains no express authority to the President to
tion; and maintain the authority is not fairly i'm
piled. What IL proclamati0n--an official procla-
nation Is it not to declare some matter Of State
not previously denoted to the public And must it
moi carry with It some inherent authority, OF declare
the establishment Of some rule or authority not pre-
viously establshed2 II less than this, it is
mere 6yutum fuimen,. or simple notice, not Of
a. matter of official discretion, but that he ex-
poets that himself and his subordinates will do
their duty as the laws enjoin. II this be all, it
ID not worth the ammunition 80 p0mpouay expend-
ed; and If less than this, it is without au-
thority. Now, where laws direct the President to
make proclamation, it is for some purpose denoted
by the law, or where the binding force Of laws as
made dependent upon the issuance Of official pro-
clsmAtion, or suspended laws are terminated by
proclamation, we perceive practical use to such
formal mortion. But no such object or consequence
Is connected with the law Of 1918.
These proclamations," says. Justice Blackstone,
have then . binding f0rce-when Gas Sir Edward
Coke obseivesl they are grounded upon and enforce
the laws Of the realm; for though the making Of
he laws is entirely the work Of distinct part, the
branch snS 81 tine sovereign yet the
laws in execution, must frequently be left to the
discretion Of the executive magistrate, and there
fore his constitutions or edcts concerning these
POnss which anl;sv We cal procamations, are binding
Now, who viii pretend President Pierce's procla-
nation is an edict" of this description But
1hrther, says the same author
From the same original, Of the kings being the foun
tain OF justice we also deduce the prerogAve Of issuing
proclamstions, which is vested in the king alone.
Now, the Supreme Court Of the United States has
decided that the government of the United States
hes no prerogatiye. How, then, has our President,
with this kingly prerogativef
When the first Of these royal manifestoes was
Issued, independent of law, by President Wash
Is ely Ss vSSs ds
cratic party. II devolved upon that great man
TIE great Ajax Of executive power-Alexander
Hamilton, TO eviscerate from the constitution vim
dication of this act. The principal points Of his
argument were to this effect "A proclamation was
- usual and proper measure on like occasions;
and TO issue proclamation was an executive act.
And as the constitution Of the United States vested
the executive power in the President Of the Uni
ted States ergo, it was by constitutional author
~ the President issued this proclamation Of neu-
tsality.
NJ: Madison, a much ADLER expositor of the
showed most conclusively that if the powers of
The President were to be ascertained, BY show
ing what were executive powers in the abstract,
= known or defined in governments elsewhere,
there was no difficulty in establishing for the Presi-
dent most OF the powers Of the English sovereign.
The democratic intelligence Of that day was fully
satisfied that President Washingtons proclamation
was without constitutional warrant. Yet it must
BE acknowledged that democrats have not since
hesitated to follow his example. Under these cir
eumstances, it may be admitted the Presidents
tIansgress0n in this case Is comparatively venal.
YET who shall say It were not better 1t had the clear
sanction of the constitution tn
Il IL presumed IS probable, however, that Pre-
sident Pierce refers for his authority to that
nscile and Astounding source Of executive power,
laws be faithfully executed" All remember
how Amos Kendall pressed the omnipotence of
this source Of executive power. The curt re-
Ply, and pointed exposition, Of this text by the
seen in 18th vol. Of Peters Reports, PIP. 6l9-slS.
Time s,not allowed me for the ample exposition
OF this cause of tho constitution, of which It is
septible Bnt brief analysis will show it gives no
warrant for this proclamation.
Now, in the first place, this proclamation is es-
sentially preventive, and aims, by it's counsel and
monition, to dssusde the citizen from committing
breach Of the law, which il supposed to be medi-
whether coming from the President or from the
private friendship Of private citizens; and such ad
wee may be IS properly given by one a. the other.
But the best wishes Of the President to prevent q
seH with his duty TO take care that the laws be faith
fully executed. Laws not broken cannot be exc
suted by Observance merely. All know that, in
legal sense the execution Of the law follows judg-
mont More literally construed, it is the enforce
And in this sense, all the duty Of the President ON
1hs point Is included. As supervisor of all ministe-
gial officers, subject to his CONTROL II they fail in
oaty and violate the law, they incur the penalty Of
removal from Office, and such other penalties Is the
INV has prescribed TO be adjudged by the courts Of
justice.
But the President has no supervising power
ever the judiciary. He has no duty or respon-
formed their duties. But when they have pro-
nsunced Judgment IL IL then the duty Of the Presi-
1eat to take care that the laws be faithfully ex-
esated, a. the court has adjudged. And for this
responsible duty be IL armed with all the military
power Of the government. II, therefore, We have
examined the question rightly, the authority for
~ proclamation ID not found in the constitution,
80 being without law, Il unwarranted.
Next, q TO the matter Of this proclamation, and