Holmes County farmer. [volume] (Millersburg, Ohio) 1857-1926, 1866-01-04
The Presidents Means of re.
sistanCe.

practical omnipotence Of Congress in the
work Of reconstruction, which a brief exam
ination will suffice to explode. The Tribune,
a day or two since, reminded the President,
as if for the purpose of intimidation, that
Congress is "a body conscious of its power,
proud of its Independence, and resolved to
do its whole duty The powerof Congress
over the subject in question is really so
small that no acts Of that body can mater-
ally retard the work of restoration against
the wishes of a determined President
Congress can, ofcourse, excudethe South
crn members from seats but their admis-
sion or exclusion during the life of this Con.
gress, is Of the less practical account, since,
if they were all admitted, the Republicans
would still have a controlling majority in
both Houses. The protection oflocalrghts
against federal encroachment cannot, till
after new election, be assured by opposi-
ton in Congress. But if Congress attempts
ment which Is the prerogative of the States,
the President has power TO frustrate their
purpose; as We proceed to show:
First. The President is made by the Con
stitution the COMMANDMENT Chief ofthe ar
my, aud Congress cannot divest him of this
authority. Whenever he deems the South
ern States ready to resume the full powers
Of scli-government, he can displacc the tenn
pOrary military governors and withdraw the
United States troops. When the loyal
State governments are fully organized, they
will be adequate to their own protection by
their own militia, unless the forces of the
United States are used against them. But
not a musket can be discharged in the army
without the permission of the President =
As COmmandcr-in Chief, he can order the
army, or any portion Of it, wherever he
pleases, directing or restraining all its opera
tons in his sole discretion. The only checks
Congress has on thspower are the disband-
nent Of the army and the refusal Of appro-
priations for its support But resort to
these remedies would favor instead Of OBJ
structing sclf-government in the South.
SecoadlH The President is invested by
the Constitution with the pardoning power,
with no other restriction on its use than his
own discretion. If laws are enacted by Con
gress in derogatlon of the Constitutional
right Of the States to self government, such
laws can be enforced only by penalties; and
the President can in every case remit the
penalties by pardon. and so render the
laws imperative In the case of cORstttu-
ttonot law, thiswould ofcourse, be an abuse
of the pardOning power but unconstitu-
tional cnactmentS, being void in law, ought
to be made so in fact. After Mr.. Jefferson
came into Office he took this method to de-
feat the operation Of the Alien and Sedi.
ton law, and justified himself III this use OF
the pardOnng power on the ground that the
law violated the Constitution. lie constant
~ held that neither of the three depart
ments uI the government can force its inter
prctatOn OF the Constitution on the others
\ single quotation viii exhibit his views
"My construction of the Constitution" IT.
.. Judge Roane, September i, 1870 lis very
different from that you quote. 1t is that
each department is truly indepenirnt Of III,
oticrs, AMI has an eq,,rt ri0ht to dccide .fol
, uSeif toitot IS the medatn1 Of Me ConStitutio,
a, III tie coSes Subotitted 10 ts,0ction; aud es
I, peciaIly where it is to act ultimately ant
= without appeal. | will explain myself b.,
examples, which, having occurred while
was in office, are better known to me, ant
. the princi pies which governed them" Thcl
follows long list of instances, after whicl
he goes on to say These are example.
: OF my position, that each ofthehree depait
mots has on cqnai right to dccjie for Hsei
lchGt iSiSdatg uHcic, He Constellation, rih
ont day regord 10 nhat the others may AAr
decided tor UemseireS mde, Sin,iiar 1ucS
, ton.
IL is, indeed the duty of the Prcsdcn
to execute the laws; but where two laws ar
in couilict, it is impossible to execute bath
! and he must choose which he will enforce
=, But if one of the conflicting laws is the Con
! sttution itself the other must, Of course
. give way To its superior authority. Th
y, President may steadily refuse to execute II
. unconstitutional law; as every law Must b
, which dcpriyes States Of powers not witt
: held from them by the Constitution.
7hutiH The President has the pow,
y Of appointment to office. Leaving all loci
=, Offices to be filled by local elections or Al
: poiutmcnts, he can make all appointment
4 to federal Offices throughout the Souther
Il States, and thus give them all the bene.i
: Of II restored Union except the privilege
, representation in Congress. The Stat,
: being equal, all laws infringing upon tn
|. equality may be diaregarded by the Pre-,
|, dent a unconstitutional and it is in Ii
y, power to leave the Southern States in II
,f exercise Of the same measure Of self contr
-, that is practiccd in the Others, and to co
Is fer upon them all federal advantages exec
~ that OF participating in the enactment
~ federal laws, which, during this Congress
:, would he rather the recognition of Il rigl
ii than substantial advantage, The Pres
:, dent may also recognize the right of II
:, southern States to participate in the iedcr
~ government, by giving them their fair di
~ tributive share of appointments to cabin
y. places and foreign missions II the Scna
1c shouldleiuse to confirm appointments,
- them would be the responsibility ofaneSti'
:, the operation IF certain departments OF {
n" government The Presidents power Of l
'd moyal may be used to diSarm opposition
w his policy in the North, and in Congress
III self lfhc removes every officer who dc
II not zcalously support his policy, the peol
~ will give him unequiyocal proofs of th'
r. approval.
l. fourthiy The veto power of the Pre-
nj dent is another weapon against unjust leg
,"i latjun which the Constitution places in
' hands. 1t would indeed be of fno avail wi
-. the Republican patty in both Houses me
~. united, as they have more than two thin
cb of each But if he is firm and vigorous,
,a' will probably have the instant adhesion
;ly at least one third Of the Senate, and ol
II, third of either House renders the veto eff
,t tive.
,a' Armed with the formidable powers h,
N. enumerated, the President can carry his p,
~. ~ cy to triumphant conSummation, if
oa will proves equal to his authority, and I
cs Southern people themselves do not thwt
;s him by conduct he cannot defend. "A
,ot loM World.