The New York herald., 1862-12-10

and lambs were active. and sc. SIC. per head
higher, varying from es oS ~ 50 per head
Swine were plenty. but very active and higher
Corn fed varied from 4zc. 6Kc.. and eth fed
$40. 4L.c. The total receipts were 8 SO beeves
"a cows. IL veals, l0.74s sheep and iamAs, and
1880 sv ire.
stocks gold advanced yesterday nosaing, o. Nr.
Stevens position 70 Hood the country With rsdeema
Bile paper currency out fell ca afterwards shs aesurdy
OF tho scheme appearing N insurmountabls OBSTACLE 70
IL adoption by Congress loasy wsrsh pr can't
Exchange la6k IAok Gold TO lssx, then fsu Oh
and closed ct is2k EA&%t
There were no movements Of Importance reported in
cotton yesterday Under the influence OF tho riso in
gold and sterling exchange, -four advanced &C. ioc,
with sales Of ~ 900 bbis wheat 2c, with sales oi
2ssoo bushels, and corn ihc. with sales Of s76 900
bushels partly speculation Beef pork and lard were
in active request Mess pork closed a. high a. si3 so
els o. and prime lard 1t 10c Sugars molsssss teas
ros and whIskey In very moderate demand also
were nsh fruit, candies hemp tobacco, naval stores
and must kinds cf metals There Increased activity
In petroleum. further rise In proes with fair busi-
ness - hides and vashcr, hay hors and seeds Talow
was dearcr and inquired for. The ocean freight
market was steady, with moderate cngsgemcnts
The Pvesident-His Rights. His Duties
and Has Responsibilities.
In tho House of Representatives on Monday
last, Mr.. Stevens, Of Pennsylvania, is reported
to have said that Congress, not the Prssi-
dent, is the sovereign power" This claim by
radical member Of Congress which is con-
trolIed by the radicals reminds us of the reyo-
lutionafy committees of the Jacobins in the
French Revolution. The sovereignty OF Con-
grsss is new and startling idea, which
shows that the Robespierrean abolitionists are
progressive faction, and that probably the
next thing they will claim is that their Con-
gress is an imperial or absolute power indeed
practically they speak aud act as il 1t were; for
every proceeding Of theirs since the opening OF
the session proves that they equally set at de-
fance the constituLion--"the supreme law Of the
land"-and the will Of tho people. so clearly and
en;phatically expressed in the late elections
To be consistent they had better, like the
French Revolutionary Assembly, declare them
selves en- per,naaence, and not dispcrse on the
4th Of March, but hold possession against the
new Congress, arresting its members for trea-
son, and sending them to the Old Capitol
prison, and thence to the guillotinc,
if they should dare TO make their appearance
in Washington on the first Monday of Decem-
bcr, 1868.
According to the constitution-which is
respected about as much as an old almanac
by Stevens, Lovcjoy Sumner and Co..
the people are the sovereign power, and
not Congress nor the President. The prclm-
BILE of the constitution ruus:-"We, the peo-
pie, do ordain," &c, The sovereignty carnot
be delegated but limited powers are dele
gated by the people TO the government,
which consists Of three branches-the Con
gress or legislative body, the President or
executive and the judiciary Neither exer-
cises sovereign authority over the other; The
rights and duties Of each are defined and their
between the authority of Congress and that of
the President, in consequence of the source
from which 1t il respectively derived by each.
the Presidents power seems to stand on higher
ground, for he is elected by the people. while
Congress is partly elected by the people and
partly by the Legislatures of States. But the
truth is that the power of each 10 equal in the
sphere to which each is assigned-that power
being limited and defined by the constitution
Congress has power to make laws, but not any
laws that it pleases Its laws must b, in accord
ance with the constitution, otherwise they are
null and void, and the President il not bound
to execute them. He is sworn to uphold and
maintain the constitution. and cannot be re-
quired to violate his oath. He is bound to
execute all constitutional laws Of Congress.
But Congress has no power to violate or set
aside the constitution, or authorize IL to be
done. For instance, the Indemnity bill in
troduced by Mr. Stevens is nus;ity. II the
President was rightfully advised 70 suspend
the habcas corpus, and the arrests made in
the loyal States under the authority OF tho
War Department, have been vslidly made, then
the act of Congress cannot add to the right Of
the President or the validity Of the arrests.
But If Congress alone has the power to suspend
the habsas corpus, and if the arrests made are
illegal and Unconstitutional, it is not in the
power Of Congress 10 render thsm otherwise,
or 10 shield those who make them from 10.
sponsibility to the Laws. The courts would pro-
nounce oil such acts of Congress null and void.
The President, therefore, hes . right 70 judge Of
tho constitutionality Of N oct of Congress be-
fore be carries IL into effect. He is responsible
to the people. He is the custodian Of the con-
stitution and Of the laws in harmony with it
He is the guardian Of the safety, honor
and welfare Of the nation. He 10 not
only the Chief Magistrate to execute the civil
laws, but he is the Commander-in-Chie Of the
Army and Navy. Congress has power to de-
clare war; but the President has the control
aud direction of it. The constitution gives him
the same right in the suppression Of domestic
insurrcotion that 1t does in foreign war. and
Congress has no authority to dictate to him.
Its business is TO vote the men and money. The
:cst belongs to the President.
Mr.. Lincoln, therefore, Ia not bound by any