Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1861-08-09
BEDFORD, PA. FRIDAY. AUG. O. 1861


coordinate, equal in indignity aud power, anc
equally trasted by the Law, in their respective
spheres. there is, nevertheless, marked d.
versity 10 the character of their functions and
their modes of action. The Judiciary is, fol
the most part, passive. 1t rarely, if ever
takes the initiative: it seldom or never begins
an operation. Its great function is judgment
and, in the exercise of that function, it is con-
fined almost exclusively to cases not selected
by itself, but made and submitted by others
The President, on the contrary, ky the very
nature of bis office, is active; be must often
take the initiative; he must begin operations.
His great function is execution, for be is re-
quired by the constitution, (and he is the only
department that is so required to stake care
that the laws (all the laws be faithfully exc
euted;" aud IN the exercise of that function,
his duties are co-extensiye with the laws ol
the land.
Often, he comes to the aid Of the judiciary,
IN the execution of its Judgments; and this is
only part, and small part, of bis constitu~
tional duty, to take Gaze that tho laws be- faith
fully executed | say it is small part of bis
duty, because for every instance 10 which the
President executes the Judgment of court,
there are hundred instances in which he exc
cutes the law, without the Intervention of the
judiciary, and without referring at all to Its
functions.
have promised this much in order to show
the sepsrate and independent character Of the
several departments of our government, and
to indicate the inevitable differences in their
modes OF action, aud the characteristic diver
sity of the subjects upon which they operate:
and all this as foundation for tue answers
which | viii low proceed TO give to the par-
tieuiar questions propouuded 20 me.
As to the first question, | am clearly of
opinion that, in time like the present, when
the very existence Of the cation is assailed by
great aud dangerous insurrection, the Presi.
dent has the lawful discretionary power to ar
rest and hold in custody persons known to
have criminal intercourse with the insurgents,
or persons against whom there is probsble
cause of suspicion of such criminal completely.
And thlnk this position can be maintained
in view of the principles already laid down,
by very plain argument.
The Consultation requires the President, be-
fore be enters upon the execution of his office,
TO take an oath that te twill fIthfnl K :
cute the ofice, of Presileat Of he Unifed
States, and will, to the best Of his ability,
preserve, protect, aud defsud tae Constitution
Of the United States"
The duties OF the Office comprehend ell the
executive power Of the nation, which is ex-
pressly vested ia the President by he Consti-
tuition, article 2, section L, and also all the
powers which are specially delegated to the
President, and yet are not, in their nature, ex-
ecutiye powers. For example, the veto power,
the treaty making power, the appointing pow
er, tue pardoning power. These belong to
tLat class which in England are called pre-
rogative powers, Inherent iu the Crown. And
yet the trainers of our Constitution thought
proper to preserve them and 10 vest them 10
the President, as necessary to the good gov.
erDment of tie country. The executive pow
ers are granted geutrally and without specid-
cation, the powers not executive are granted
specially, and for purposes obvious in the con-
text of the Constitution. Aud all these are
embraced within the duties Of the President,
and are clearly withia that clause of bis oath
which requires him 10 faithfully execute the
Office of President"
The las, clause Of the oath is peculiar to the
President. All the other officers of Govern
ment required to swear only s'to support
this Constitutions" while the President must
swear to stpreserve, protect, and defend" it,
which implies the power to perform what be
is required in so solemn a manner to undertake.
And then follows the broad and compendious
uiunetlcn TO stake care that the laws be faith.
fully executed" And this injunction, en-
bracing as it does all the laws Constitution,
treaties, statu:es-is addressed to the Presi-
dent alone, and not TO any other department
or off e of the Government. Aud this cons
slitutes bim, 10 peculiar manner, and above
all other officers, the guardian of the Consti-
tution--lts preserver, protector, and defend
er.
1T is the plain duty of the President land
bis peculiar duty, above aud beyond the other
departments of the Government) to preserve
the Constitution and execute the laws ell over
the nation; and it is plainly impossible fol-
him to perform this duty without putting down
rebellion, insurrectlon, and all unlawful COM
binations to resist the General Government.
The duty to suppress the insurrection being
obvious and imperative, the two acts of Con-
gress, Of 1895 and 1907, come to bis aid, and
furnish the physical force which he needs, to
suppress the inspIrection and execute the lava.
Thoss sHo authorize the President to employ
for thai purpose the militia, the army and the
navy.
The argument may be briefly stated thus.
1t is the Presidents bonnden duty to put down
the insurrection, as lin the language of the
act of l795) the combinations are too powerful
to be suppressed by the Ordinary course Of
Judicial proceedings or by the powers vested
in the marshals." And this duty is imposed
upon the President for the very reason thai
the courts and the marshals are too weak e
perform it. The nanner in which he shall
perform that duty is not prescribed by any
laR. but the means Of performing itare given
in the plain Language ofthe statutes, aud they
are all means of force-the militia, the army
and the navy. The end the suppression of the