Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-10-20
THE PRESIDENT AND CONGRESS.


baton in the public mind altogether ground
less. No such inquiries were made, but il
they had been, il was both the right and the
duty Of the President to make them, if he
perceived the necessity OF p-opriety Of doing
so. The antagoaism known toexist between
these two departments Of the Government,
as at present administered, explains the feel
ing which the rumor aroused, and the appre-
hension Of consequences which might ensue.
Under ordinary circumstances, such a mea-
sure would have been unanimously regarded
as entirely proper and only ELECTED a due
interest in the solution Of the question. 1t
would appear, however, that the true theory
Of this Government is but imperfectly under
stood. In the zeal Of pariyism there are
those who seem to regard each department
Of the Government as Independent. and ALSO
Lutte in its sphere, and to forget that ali Of
them, separately and combined, are subject
TO the Constitution-the supreme law pro-
nounced by peoplein their unquestionably
soUereign character. The President, the Con-
gress and the courts-the law-executor, the
lawmakers and the law-expounders- but
servants in temporary employ Of the Consti-
tuition. If in the discharge Of their trusts,
either Of them require information, It is not
only right, but it is a sworn duty Of each Of
them to consult the power which gives
them authority, and to learn therefrom the
extent Of their rights and the character Of
their duties. This is the very substance Of
republicanism. Under other forms Of gov
eminent collision Of authority is deci-
ded arbitrarily and by force, but in this
country there is a common arbiter prepared
and at hand, and the readiness Of a public
servant, whatever position he may occupy,
to appeal and submit his official conduct to
that standard is the measure of his official
integrity. Therefore, we say that President
JOHNSON properly can submit to his cabinet
council, to be determined by him and them,
from the Constitution, whether or not a CO
ordinate department of the Government is
constitutionally organized and empowered
Incorporate with the Executiye department
in performing the prescribed functions of
government If he were to have doubt
whether Congress or the Supreme Court,
were, in their organization, in conformity to
the Constitution, and were he to suppress
the fact he would be criminally derelict.
Iffacts, officially brought to the attention Of
Congress, were to involve the constitutional
tenure by which the Executive was held, it
would be the duty of that body to
inquire into it under the laws, and
if necessary resist the veto pow
er and concert measures 10 rectify the Exec
utive. If the Supreme Judiciary is, in any
manner, in its organization, in violation of
the Constitution, it is the duty Of the Pres
ident to give Congress information of the
fact, and Of both Of them to proceed to rene
dy it. Neither Of the three are indepen-
dent Of each other, or absolute in their sepa-
rate spheres. The great object of the Con-
stitution was to make of the three great
powers ofthe Government-the legislative
the judicial, and the executive, an accurate
system Of checks and balances. IF either, at
any time and under any circumstances, re-
fuses the right Of legitimate inquiry from its
coequal branches, it destroys the adjustment
ofthis system, and nullifes the Constitution
Congress may impeach the President and
the Judges of the Supreme Court
but either of them may require
that Congress shall show itself to be an i'm
peaching body under the Constitution, be-
fore they submit to its authority The Su-
preme Court has constitutional power to pro-
nounce an act Of Congress null and void, be-
cause it violates the Constitution. 1t has
power ~ toll Tie TresIuenJ mas uraIis-
crossed his authority. The President has
power to say to Congress, if it be not COM
posed accarding to law, that it is not the
body that the Constitution contemplated as
the law-making power, and as the sworn
chief officer Of the Constitution he cannot
communicate with it, or ratify or recognize
its acts.
These are fundamental truths in our poll
teal system; and as we have remarked, par
titan excitement and passion only obscures
the public Judgment in regard to them. The
consultation Of President JOHNSON with At
torney General STANBERRY in regard to the
eonstitutionality Of the Thirty-ninth Con-
gress instead of unsetiling the gold
market or fevering the popular mind,
should have the contrary effect. 1t
should be construed as Signalling the fact,
that the destiny of this people and their in
terests, is in the keeping, of. Constitution,
and not at the mercy of a coup Petat