The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1866-04-11
THE PRESIDENTS NEXT STEP.

THE PRESIDENTS NEXT STEP.
Now that congress, by the basess means,
has succeeded in passing the so'caiied ''oisn
Rights bilr' over the presidents ve'o' sno
whole country will be anxious to soc "ns'
oonrse he will pursue. We shall be greatly
,,;.,.k.n If Andrew johnson does not prove
no less equal to the emergency than oio
Thom.s Jefferson ami Andrew jackson, un.
Sey somewhat similar circumstances. A
clearer violation of the constitution, says the
ST. Louis Republican,, than that which the
ubiquitous bill proposes can scarcely be I'm,
.p;nsd. But independently OF its odious and
illegal provisions, the attempt to foiss II up
on the country is no less unconstitutional
and il will undoubtedly be declared null and
void by the supreme court OF the United
States, Two of the three branches OF the
federal eovernment-the executive and the
iudiciary-have formally declared that the
Union consists OF thirty.six states, while con
eress holds that there but twenty-five, and
excludes eleven states from all representation
in the legislative branch. Had these states
been allowed the rights to which they are SO
Justly entitled, the vote of the senate on FRI
day last would have stood, ayes SO, noes 81.
Before entering upon the execution of his OF.
Soa President johnson took the following
oath:
lido solemnlu s,ue0r that piH faithfully
execute the office of President OF me United
States and ,cill, to the best of my ability, PRE-
SERVE. PROTECT AND DEFEND the constitution
ofthe United States.
He will keep this oath, in its letter and its
spirit. like his illustrious predecessors, JEFF
erson and jackson, Mr.. Jefferson said IN a
letter to Spencer Roane:
Each department. is truly independent of
the Others, and has an equal right to decide
for itself what is the meaning of the consti-
tuition in the cases submitted to its action !;
and especially when it is to act ultimately
and without appeal.
This was precisely the doctrine of General
Jackson, and he acted upon it! Mr.. Jetfer-
illustrates his meaning by several examples
which had occurred during his presidency,
when attempts were made to trampls under
foot state laws and state rights
A legislature had passed the sedition law
The federal courts had subj ected certain in
dividuals TO its penalties of fne and impris-
onmsnt. On coming into office, | released
these individuals by the power of pardon
committed to executive discretion, which
could never be more appropriately exercised
than when citizens were suffering without
the authority of Law, or, which was equiva
lent, under a law unauthorized by the constr
tuition, and therefore null. In the case O
Marbury and Madison, the federal judges de
clared that com missions signed and sealed b.!
the president were valid, although not deliv
cred. 1 deemed delivery essential to com
pIete Q deed, which IS long as it remains IL
the hands of the party Is, as yet, no deed
and l withheld the delivery of the commits
sIons. They cannot issue q mendamus ii
the president or the legislature, or TO any o
their officers. When the British treaty O
arrived, without any provision agains
the imprsssment of our seamen, | dstermin
ed not to ratify it. The senate thought
should ask their advice. | thought tina
would be q mockery of them, when | wa
predetermined against following it, shoult
they advise its ratification. The constitution
had made their advice necessary to confirm
treaty. but not to reject it, This has besl
blamed by some but have never doubte
It's soundness In the cases of two person
ante matt, under exactly similar Circumstance
es, the federal court determined that one O
them (Duane) was not citizen the hous
of representatives nevertheless determine
that the other (Smith, of North Carolina,
was a citizen, and ad United him to seat i
their body. Duane was a repu blican en-
Smith tederslist, and their decisions wer
made during the federal ascendency.
These are the examples of my position
that each of the three departments has equal
~ the right to decide for itself what is its du
~ under the constitution, without regard t
what the others may have decided for them
selves under q similar question.