The southern aegis, and Harford County intelligencer., 1862-06-14
from the Da5aqus tlowd) Herald.
WHAT IS THE GOVERNMENT

WHAT Is THE GOVERNMENTS v
Popular apprehension is very far astray
as to what it is that constitutes the Gov
eminent Of the United States, and we pro-
pose to doour part in setting it right,wher
in error, on this subject, The Government
of the United States is Of constitutional
institution, and is therefore neither more
nor less, nor otherwise in any respect,
than as the Constitution made it. It's
powers, Executive, Legislative and Judi
cial, are all conferred upon it. 1t has no
power inherently, nor can it acquire pow
er except by usurpation. For the purpose
. of performing its functions, the Govern
ment is impersenated in what are styled a
President, Congress and Supreme Court,
having respectively Executive, Legislative
and judicial functions. These three
functionary Departments constitute the
. visible personality Of the Government, and
these three parts must cooperate and ac-
cord with each other constitutionally to
form the Government and to perform q
Government function. To illustrate The
enactment Of law by Congress, though q
function of Government which it is the
right of Congress to perform, is not an Act
of Government till it is approved by the
President, or till it shall have been pass
ed certain number of days time without
his objection, or if objected to by him..
re-enacted in Congress by prescribed
majority Of the members Of both Houses
of that body. And even then, should the
act be in contravention to the Constitution,
in the opinion of the Supreme Court, it
would be as null and void as an act of the
Government, as if it were enacted by a
moot Legislature in debating society and
approved by its presiding officer. So that
it requires the joint operation or co-opera-
ton of the Executive, the Legislative and
the Judicial branches of the Government
to perform Government Act
1t is too much conceded by popular
acquiescence in the acts of the President
that the Executive alone is the Govern
ment of this country, as it claimed to be
the right in Despotic forms Of Government,
for the Sovereign to both decree what
shall be law, and how it shall be interpret
ed and put in force; nor are there instan-
ces wanting in not very remote acts of the
Executive, where that branch Of the Gov
ernment not only ignored the existence of
an equally coordinate branch of Gov.
ernment, but set its constitutionally ex-
ercised authority at defiance. Our read
ers are familiar with the fact that one
Federal Judge was imprisoned in his own
house at Washington for issuing a writ
prescribed by the Constitution to be the
right Of person deprived Of his liberty
without due process of law, or without
authority of law, and that by Executive
interference similar writ issued by the
Chief Justice of the United States was
prevented from being executed. These
acts, being both without authority of the
Constitution and in contravention to that
fundamental compact by which the Govern
ment itself was instituted, were clearly
and unequivocally as much usurpations Of
power as were any acts Of usurpation
which History records in modern or an
cient times.
Why ? it might be asked by some un-
thinking persons. For the same reason,
we answer, as were the arbitrary assump-
tion and exercise of power by Charles the
First of England, who suffered the terrible
penalty Of forfeitiDg his life for their per-
formance. What did he'do, but merely
assume and exercise power and authori-
ty Of Government which it was merely
presumed, and not very definitely pre-
scribed he should not exercise. The Con-
stitution of the United States does not
leave it to inference what power and au-
thority each branch of the Government
which ibinstitutes, shall or may perform. |
1t clearly and distintly traced the powers
and duties of each, and it prescribes the
relations which shall exist among the
three. To one it gives the power to enact
the laws, to another the power to have
them carried into effect, and Ito the third
the right to test the acts performed by
both of the others by the Constitutional
tandard, 30 as to ascertain whether the
avs enacted and the Executive acts per-
ormed conform to that standard Of fnnda-
mental principles.
This theory of the nature of the Gov
rnment iseindisputable. No one will
question it. Nevertheless there are those,
nd unfortunately they are not few, who
our days, acquiesce very complacently in
he performance Of acts by one branch Of
he Government which another branch of
d has officially condemned. Thus two
,,,anchao ~ *bat fiox,a r,,,,, ,,< l<s.....