American citizen. [volume] (Canton, Miss.) 1864-1890, 1866-04-28

tinued employment of the same ex-
ccptional powers and doubtful au-
thority. The principle Oh which the
Presidents policy is based is so diff
ferent from that of his adversarieS,
that he was never likely to take up
their rule OF action, by meeting VIC
lence, OF to give them the advantage
of being able to turn upon him the
same tremendous engine of the
abused forms of uSurped authority,
with which they have trampled on
the most ancient and hitherto I'M
questioned of the rights and liberties
Of States.
In the matter of the "civil rights"
bill, indeed, there are no means
with which the President could nre-
vent its going into effect, without a
comp e'tat-a stretch Of authority be-
yond the law. Its unconstitutional
ty lacks in certain ,.eclamatory pro
visions, to which there can be no
Executive response, but in the reiter-
alton Of the overruled message. The
prov iSions of the law require no Ex-
ccutive acts by the President. He
is in several places permitted, or au-
thori2ed to do certain things; but
nothing is predatory on him, or nee
essary that he should perform. The
entire law can be put into operation,
without his agency in any respect
whatever. The whole machinery of
the act is put into operation by the
courts of the United States. 1t is to
be enforced by the judges of the Uni
ted States courts, and commissioners
appointed by the judges, in the usual
way, provided for the administration
of law in these courts,
The President retains his whole
constitutional power over suits that
may be instituted by the United
States, over sentences pronounced in
the courts, and over pardons or con
victiOnS for any offences; but these
general powers are derived from the
constitution, and in 10 way alter the
regular process for executing the
laws, They are, in effect, conStitu-
tional functions in the executing of
the law.
The judges, however, every one Of.
them for himself, have the same
right of Judgment on the constitu-
of the law that the Presi-
dent had in denying it, and Congress
in everything him the final validity
If the law is therefore unsettled un-
til the Judiciary, the constitutional I
interpreter Of all laws, has settled in
the tribunal of last resort a con-
to bind all the courts and
and all the executive officers
equally. Until then, the controversy
on these great points remains within
the area where constitutional means
are still available for the sustaining
of the policy of the President. and
restoring the righttul jurisdiction Of
the States. Already i'll Maryland,
in Kentucky, in North Carolina and
in Indiana, cases have occurred from
which appeals can be taken at once
to the Supreme Court OF the United
States, from districts in which the
action of the Judiciary system has
not been intertered with by opera
tiOnS of war. The entire question
will doubtless be brought up before
the Supreme Court at its term next .
winter and final Judgment obtained,
There is prevailing opinion among
legal minds that the law will be pro
HOuncpd unconstitutional, and this
part OF the struggle ended that way
And there is that other appeal, in
which President Johnson has such /
unlimited confidence, to the people
1t the polls, in the elections for the
leXt Congress, which commence
the great States of the
North, in November next. From s
heSe such a verdict is expected, i'll
he deliberate Judgment of the voting ,
masses of the people for perfectly
'cStOred Union Of equal, recOnciled
States, as will insure in the coming
congress- the admission of every [
State to its full rights of representa-
ion, and the OhltcratiOn, to the COM +
non Joy of the whole people, of all
he marks of oppression and vaSSal-
&c imposed by one side, and all the
memories and rcSentmentS on the {
Their, which impede the renewal of '
he Old community among the States .
+ affections and aspirations, of III
nrcStS and glGricS.---N u. PicHyHac. y