The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-04-05
The Defender of the Constitution.

No man was ever better entitled to
be called the defender of the Consti-
tuition than President Johnson. No
one ever stood in such q trying posi-
tion, nor was the Constitution ever
before exposed to such assaults as
now. Few men could have withstood
the temptation he has to centralize
the Government, and to WELD the
extraordinary powers that all over
whelming dominant party would have
placed in his hands. Had he been
disposed to cooperate with this party
in their unconstitutional measures,
he might have become n perfect auto
crat. The opposition was insignifi-
cant. It's voice would not have been
heard. The people were tired Of agi-
tation, and had become apathetic.
Under this state of feeling-which
was the natural reaction of years of
political and war excitement-they
forgot, in q measure, that sseternal
vigilance is the price of liberty" and
were disposed to let the authorities at
Washington do what they pleased.
The party which elected Mr.. johnson
WIS overwhelming in Congress, and
had he gone with them and used
them as he might have done, he
could have usrrped nearly all the re-
served rights of the States and peo-
pie. He could have secured his no.
mination in 1868, and have perpe-
tuated his power. What q prize for
an ambitious man! How few could
resist grasping at it?
But this patriot President and
truly great man could not be tempt
ed. Through 4 quarter of n century
of public life, Andrew johnson had
stood immovably by the Constitution.
He was always regarded, through this
long period, rs watchful and faith
ful sentinel over that sacred inst,:l-
ment and the Treasury of the United
States, and now, in the plenitude of
his power, he will not abandon the
ground he has always stood upon.
The oath of office which the Presi-
dent of tho United States takes is re-
markable, and different from that
which is taken by other office-holders.
In article two, section one, of the
Constitution, it reads as follows: 81
do solemnly swear that will, to the
best of my ability, preserve, protect
and defend the Constitution of the
United States" Other Office holders
take an oath to support the Consti-
tuition, but the President to preserve,
protect and defend it. This is his
solemn duty. Everybody knows that
each word of the Constitution was
we'll weighed by the trainers. and
that there is a profound meaning in
every one. What is meant by this
emphatic language of preserving,
protecting and defending the Consti-
tuition Who can assault the Con
stitution or undermine it but the
other branches of the Government,
and chiefly Congress Here we find
the motive and reason for investing
the President with the veto power.
He can defend the country against
foreign enemies or invaders by the
army and navy. He can protect and
preserve it by the same means from
lnsurrectlon or resistance to the laws
But to preserve. protect and defend
the Constitution is another thing.
The enemies in this case would be
factions political parties and organiza-
tlons, a corrupt judiciary, usurping:
Congress, or some other evil bodies
OF persons among ourselves. He is
sworn to he the preserver, protector
and defender of the Constitution
against any Of these
Who can say, then, that he is not
justified in vetoing the monstrous
unconstitutional Acts of the present
Congress? He would violate his oath
If he did not. His vetoes come with
much force and have much more
reason in them, too, when we con-
slder that the present Congress does
not represent the whole country.
That body forcibly excludes States
IN the Union from representation,
and, at the same time, passes laws
ior those that are not represented.
Suppose two-fifths of the States were,
by some chance, only represented in
Congress; that, in times of trouble,
the members from these should sue
ceed in getting possession of the
Capitol and perfecting their organi-
zation, and that they should take it
into their heads to exclude the other
thrce-fifths, what would be the con-
sequence? Would not that be I'M
constitutional? Would it not be
revolutionary? Who, then, under
such a state of things, should pre-
serve, protect and defend the Consti-
tuition against these usurpers but the
President? The principle is the