The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-04-12

j II - uOG k1tOPGE AOE -AIG
President to assume 10 himself the
\ functions of the Supreme Court and de-
Glare an act unconstitutional, any MOI
than it is proper for Congress to do like
wise and declare his acts unconstitu-
1 tionnl. IfCongress were TO pass con-
current resolution declaring any specif-
| ic act OF the Administration gross
violation ofthe Constitution, such de-
claration would possess no force OF
law, for the Constitution vests in Con-
EreSS no power to make such a declara-
| ton. 1t would be an opinion and
| nothing more; and that is all the PreSl-
\ dents declaration of the unconsutu-
| tionality of an act Is. 1t would mani
/ testify be a great and momentous thing
! for Congress to do the first, and many
would pronounce it au unwarrantabie
| insult TO the President. Yet the Presi-
| dent has done this to Congress without
any of his special friends thinking it
improper. Why should this be? The
province OF the President Is executive,
that of Congress legislative. Neither
has any judicial powers, though the
| President in his veto message under
takes TO exercise such by gravely pro-
nouncing congressional enactment
unconstitutional.
| If in returning to Congress vetoed
bill he assigns among his reasons for
refusing his signature that, in his opin-
lion, some of its provisions are uncOn-
| stitutional, that might be within the
pale of his powers, though in our judg-
| ment the President would always do
well TO detersomewhatto to the legislative
body of the nation, and not strain so
much aud so often to find objections of
this sort to Congressional enactments.
| Congress is composed of the representa-
ttiVes oflthe people,. An insult TO that
body is an insult to their constituents,
| and should be SO taken. 1t is an idle
and frivolous pretence that these men
do not represent the people or public
sentiment, for we might urge the same
thing against the President and his ad-
| Visers, and we think with great deal
more force. Rash haste to defy Con-
greSs, and an overweening disposition
| 10 refuse sanction TO its acts, is not,
therefore, very ornamental trait in a
| President. Much less worthy of respect
is an anxiety to detect flaws in bill
where none exist, and to urge objec-
tions that cannot stand the test of rea-
son. -l...-.5i
We should attach little Importance to
| this hubbub about the constitutionality
OF the Civil Rights bill were it not for
| the injudiciouS course of some OF those
who are considered the Presidents es-
pecial and peculiar friends and cOnti-
dHnts. They appear to have tmugined
| that when he pronounced the bill un-
constitutional it was revolutionary to
pass over HIS NeLD. IkeUtlllOu was
openly threatened in consequence Oft,
in the Senate, on its final passage, by
two Senators. Democratic newspapers
had previously been profuse in their
statements that if the bill were passed
over the veto the President would not
enforce 1t, deening 1t unconstitutional.
Those who said this forgot that it was
much more unconstitutional for the
President to assume any such posture.
The telegraph now seriously brings US
dispatch saying that "should the
Civil Rights bill become law, the
friends OF the PresidenC say he will ex-
ecute it in good faith He will, how
ever, urge the States to appeal to the
Supreme Court, which he thinks Will
declare il unconstitutional" Is this
very dignified or proper course for the
President to pursue2 II he can find
any precedent for it in our history, SO
overburdened AS it is with struggles
about this issue of ftho oconstitutiOnality
of acts, we do not know where TO look
for it. ,l n,
1t is somewhat humiliating to be told,
as sort of concession, that the Presi-
dent will execute a law in good laith.
1t Is clearly a misdemeanor III office for
the President to refuse. to execute any
law, and for such an offence the Cons j.
tuition 10 which he appeals provides
remedy we will not now refer TO. We
prefer to assume that these statements
are made without the knowledge or
consent of the President and his advi
sers, and that c0pperheHds only are re-
sponsible for Iheln. Il would be II nov
Ell spectacle to see the President urging
States to appeal to The Supreme Count
t., declare AN act of Congress- unconsti-
tutionn1, and, in our opinion, it would
be as disgracerul as II would be novel.
Rebels and copperheads may nset the
name and influence of tue President to
cover up their own proceedings, but
until he assumes the responsibility of
such act, we shall believe him inno-
Let it not be understood that we have
any doubt respecting the decision ofIhe
Supreme Court on this is ue, should it
ever be presented I" that body, and
while its decision would not be respect
ed a bit more by the copperhuads and
rebels than n,eiact of Congress is now,
itimight serve as significant answer
to the President, and TO all who doubt
the authority on which this bill rests.
We do, however, deny the right of the
President, or of the copperheads, to sus-
pend the action of any law TO await
such a decision, and we presume that
Congress will take good care to guard
jealOusly against anyisuch monsLrous
invasion of It's prerogatives. Let it neg
lect to do so, and we should all have
reason TO mourn so great an oversight,
us opening the door to endless future
troubles. sa1II saaa.i ia-5