Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-09-01
sPIRIT OF TEE MORNING PRESS

The InttHfgsncer commenting on the recen
dead lock in Congress, says:
That the Independence Of the Senate as
coordinate branch of the National Legislature
was endangered by this attempt on the part OF
the House Of Representative to cOeTce Its ac-
ton, and that the precedent, had it been sue
cessful. would have been dangerous one, can
be questioned, We think, by none VINO duIy
weigh the relations which subsist between the
two houses according to the theory OF the Oon,
stitution and the genius Of our conieueis,eu
Government Ii the custom of aflxlng mae
pendent measures Of legislation to the general
appropriation bills, instead OF passing eacn on
its respective merits, must be pronounced at
all times irregular and contrary 10 the prlncl-
pies of sound legislation, the vice OF such a
habit becomes still more glaring when il is
used as a sort of duress by which to coerce the
massage of measures obnoxious to one or the
other Of the two houses. As the Senate and
House of Representatives each have a constit-
uency of their own which they severally rep.
resent, it is accordance with the theory of their
respective functions and organizations under
the Constitution that the l,iH Of each should
concur In the passage Of every enactment
They are both alike to be voluntary in their
action upon every measure, and without such
concurrence on the part Of both schism must
be created in the body polite, giving to one
member an undue prepOnderance over the
other Not only a majority of the people as
represented in the lower House Of Congress,
but also majority ofthe States as represented
IN the Senate must concur in the passage of
every law enacted under the Constitution of
the United States, and it is easy TO perceive
that the complex symmetry of our governmen-
tai sy stem would besubverted if single House
Of Congress should be able to cOnstrain the
enactment Of measures obnoxious to the other.
Z" In TIE present case, besides the general ir-
regularity Of oil IL gislation like that attempted
by N sjOriiy flor the time being) of the House
Of Representatives, during its late protracted
contest with a nsjority Of the Senate, it may
not be too much to add that the nature of tie
proposed proviso itself was open 20 serious con-
stitutional objections. By that proviso it was
sought to impose certain restrictions on the
President as Commander-in-C Chief of the army
1t may we'll be doubted whether 1t is compe-
tent for Congress 10 assume any such power of
control over the actions of the President with
IN the sphere Of his purely Executive duties
Nor is 1t certain that any such proyiso, if &C
tually passed, would have imposed any other
than moral obligation upon the President,
who, after such a demonstration, might have
deemed 1t his duty to conform his conduct to
the Will OF Congress; though if, as we think
Is demonstrable from the Constitution, the SUI
preme command of the army is one of the at
tributes of Executive prerOgatiye we are not
clear in the opinion that Congress is warrant
ed IN imposing any restrictions upon this right ::
Tor If III one case why not in every case, until
at last the power of the Presiden, as Con-
mander in Chief Of the army shall be wrestcd
from bis hands and placed virtually and en-
tirely in those Of Congress"
The Union is delighted with the defeat Of
the Republicans of the House on Saturday
last, and in the course of It's remarks On II at
subject IL essays to show that eff the dcyir'
had mortgage On tom Walker he GER
tainly has valid one on the Republican party
of the day.