Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1866-04-11
Ths Presidents Next Step.

Now that the Senate, by the basest
means, has succeeded in passing the So
called Civil Rights bill over the Pres
ident's Yeto, the whole country will be
anxious to see what course he will pur-
sue. We shall be greatly mistaken if
Andrew johnson does not prove no less
equal to the emergency than did Thomas
Jefferson and Andrew Jackson, under
somewhat similar circumstances. A
clearer violation of the Constitution than
that which this iniquitons bill proposes
can scarcely be imagined. But, indie
pendently of its odious and illegal pro
visions, the attempt to foist it upon the
country is no less unconstitutional and
it will undoubtedly be declared null and
void by the Supreme Court Of the United
States. Two of the three branches OF
the Federal Governmental Executive
and the Judiciary - have formally de-
clared that the Union consists of thirty
six States, while Congress holds that
there are but twenty-five, and excludes
eleven States from all representation in
the Legislative branch. Had these States
been allowed the rights to which they are
so Justly entitled, the vote of the Senate
on Friday last would have stood, ayes
80, noes 81. Before entering upon the
execution of his office, President John
son took the following oath
II do solemnly swear that will faith
fully execute the office Of President Of
the United States, and will, to the best
of my ability. preserve, protect and de-
fend the Constitution of the United
States"
He will keep this oath, in its letter and
its spirit, like his illustrious predeees-
sors, Jefferson and Jackson. Mr.. Jetier-
son said in letter to Spencer Roane:
Each department is truly independ-
eut of the other, and has an equal right
to decide for itself what is the meaning
of the Constitution in the cases submitted
to its action; and especially when 1t IS
to act ultimately and without appeal.
This was precisely the doctrine of
General Jackson, and he acted upon it !
Mr.. Jefferson illustrates his meaning by
several examples which had occurred
during his Presidency, when attempts
were made to trample under foot State
rights: t.t ,..
IA Legislature had passed the sedition
law. The Federal courts had subjected
certain individuals to,its penalties of fine
and Imprisonment. On coming into
Office, released these individuals by the
power of pardon committed to Executive
discretion, which could never be more
appropriately exercised than when citi-
zens were suffering without the authority
of law, or, which was equivalent, under a
law unauthorized by the Constitution,
and therefore null In the case of Mar
bury and Madison, the Federal Judges
declared that commissions signed and
sealed by the President we're valid,
although not delivere l deemed de-
livery essential to complete deed, (which
as long as it remains in the hands Of the
party is, as yet, no deed, and ! withhold
the delivery Of the Wpmmissions They
cannot issue a mandamus to the Presl-
dent or the Legislature, or to any oftheir
! officers. When the British treaty OF -
arrived, without any provision against
the impressment Of our seamen, l deter
mined not to ratify II. The Senate
thought | should ask their advice. l
thought that would be mockery of them,
when was predetermined against follow
| ing IL, SnOulu lueg auNioc 10 ottH
The Constitution had made their advice
necessary to confirm treaty, but not to
reject it. This has been blamed by some
but have never doubted its soundness.
In the cases of two persons ante ndti,
under exactly similar circumstances, the
| Federal Court determined that one oi
them (Duane) was not a citizen; the
House of Representatives nevertheless
determined that the other (Smith, Of
North Carolina) was citizen, and ad.
mitted him to seat in their body. Duane
was a Republican and Smith a Federalist,
and their decisions were made during
tho Federal ascendency.
..Those are the examples Of my position,
that each of the three departments has
equally the right to decide for itself what
is its duty under the Constitution, With
oat regard 20 what the others may have
decided for themselves under a similar
question. ST Louis Republican