The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-01
Shall the Power Of the People TO Make
Laws be Maintained

nVOiVeS Jne question as 10 winch OF tne great
departments of the Government, the execu-
tive or the legislative, the work of reconstruc-
ton properly belongs This must be deter
mined before we can even enter upon dis
cussion OF the rival plans of the President
and of Congress. Indeed, when this consti-
tutional question is settled, there is no dis
cussion as to such rival plans possible, because
DO whichever department of the Government
the work of Reconstruction belongs, it belongs
to it alope. If it be an executive work, it
belongs solely to the President; il it be
legislative work, it belongs exclusively to
Congress. There is no commingling of func-
tions between these branches OF the Govern
ment, so that if one neglects its duty the
other can take it up and perform it. They
are separate, distinct, Independent.
By the Constitution all legislative functions
in our Government are conferred exclusively
upon Congress. The President signs laws
after they are passed. or interposes his veto
but in no other manner does he have any
connection, however remote, with the legisla-
tive branch, except that he is responsible to it
for malteasance in office, and liable to i'm
peachment. The distinguishing feature of
our Government is that nothing can be done
by any of its officials except in accordance
with law, and that no law can be made except
by the people themselves through their Repre-
sentatives in Congress. Nothing is left to any
mans Notwithstanding to any mans arbi-
trary will. The laa1 is the supreme and only
authority. The Executive can do nothing
but execute the ldouS. The moment he steps
beyond or outside of them, and substitutes his
own will or judgment, he becomes uSurper.
He assumes a function which the people have
reserved exclusively to themselves.
If the President does an act, adopts apy
policy, performs any duty, appoints any
officer he must do it in obedience to some
law. The Law is his only possible authority
or justification.
Now, let us apply these principles to the
work of reconstruction, and see to which
department of the Government it belongs.
If it be an executive wolk, it must be so, as
we have just seen, by virtue of some law.
Let us bring what has already been done by
President johnson to this test Take, first.
the appointment of Provisional Governors,
Where is there any ta,o creating such an
Office as this? The Constitution knows
nothing of such an Office. The statute-books
may be searched in vain for law creating
such an Office. 1t is an anomaly. It should
be remembered that these Governors were
not military officers, merely detailed for the
performance of some special duty, but were
persons appointed to perform certain
official functions, corresponding very
closely to those of Territorial Gov
ernors. Where, we again ask, is the law
creating this office? There is none. The
Executive created it, and the appointments
were made pithout the advice and consent of
the Senate. Now, the President has no more
power under the Constitution and the laws to
II he may create one Office OF his own will
and pleasure, he may ten thousand. If he
may make Provisional Governor, who is to
rule over a State, he may make provisional
dictator to rule over dozen States, or Pro-
yisional General to control the army, or a
Provisional Admiral to lead the navy. There
is no limit to this. If the President may
create offices at will, he may make them by
the thousand, and his power becomes practi-
,cally unlimited.
But let us go one step further in the work
Or reconstruction, SO far as carried on by
the President. The proclamation appointing
William W. Holden Provisional Governor of
North Carolina is the standard after which
Provisional Governments were organized in
all the reyolted States. We find in this pro-
clamation, among other things, first, authority
conferred upon the Governor to prescribe
.srules and regulations" for the assembling of
a Convention; secondly, regulation that the
Convention shall be composed only of the
sloVal people" OF the State; thirdly, a pre-
scription of the powers of said Convention
when assembled; fourthly, prescription of
the qualifications OF voters at the election for
members of the Convention; aud, filthy,
Dower conferred upon the Convention, when
assembled, or the Legislature which might
thereafter assemble, to fix the qualifications
ot electors and of persons eligible to Office.
Now the question again arises, if this was
legitimate Executive work, where is the LG,D
in accordance with which it was done?
Where is the statute authorizing the Presi-
dant To prescribe all these varied and impor-
tant rules and regulations? They cover the
Ground usually embraced in enabling acts of
Congress tor the f.rmation Of States out OF
Territories. II the President was authorized
to nrescribe those rules and regulations, there
,,,nst ne some law for it, Where is it? 1t
cannot be found. 1t was done without law.