The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-10-25
Secretary BrOwning's Assault Upon
Popular Government.

of public affairs has called iOrth, lie says'-
.iTbe Legislative Is much the strongest OF the
departm ents, and thesmost aggressive, because
lis members arc responsible 70 no power but the
will OF the dominalt party for acts OF usurpa'
tion. II is he only department rom me en-
Cr0dchnlents Of lChtCh any serious danger TO our
institutions as 10 be dDpTe1ended. 1t has hereto
fore exercised more influence than Is comp ltlble
with safety and entire freedom over Doth the
Executive and the judiciary. 1t has sometimes
impressed pernicious influence upon judicial
action, and where 1t has failed to accomplish
that IN advance of judgments has sub equently
overruled and annulled them. And without at
all mpugniDg the motives OF legislators, may
venture TO say that II the present Congress were
not restrained by positive and emphatic pro-
visions of the Cons tuition, they would greatly
abrdge, II they did not altogether annih 'iate,
the power of appointment to and remoVal iiH,n %
Office now couhded to the Executive, ana inc
salutary restraint which ne NOUS ofcr leS'S'"
tion through the veto power
II is one of the singular features OF the
day that, at the very time when the popular
will is being most openly and fagrantly
deHed by the Administration, when the abuse
of public patronage is the most corrupt that
il has ever been since the foundation OF the
Government, and when the Executive is
claiming not only to execute, but also to
make the laws-it is singular feature, we
say, that all this is done under the plea that
the people are in danger from their Own
Representatives, and that the popular
branch of the Government is hostile
to "our institutions p The tone of
the extract which we have above quoted
from Secretary Brownings article is
an insult to popular intelligence. 1t asks
the American people to believe that they are
in danger from themselves, and that the popu-
lar branch of the Government, fresh from the
people, the lower House, elected every two
years by direct vote, is aggressive" given
to "encroachments," dangerous to our lnsti-
tutions," etc. This is mere dust to blind the
eyes. How can Congress 'encroach" when
1t is the supreme law-making power OF the
nationp Who is il to encroach upon? Not
the President, for he has no business to do
anything but to execute the laws that Con-
gress may pass. Not the Judiciary, for 1T has
merely to decide questions which arise under
the laws. 1t is quite true that the Legisla-
tive is "much the strongest OF the depart
ments," and it ought to be, ior it is the direct
agent of the people, through whom they eX-
press their will. Indeed, it Is the only final
and supreme department in the Government.
for it is solemnly invested by the Constitu-
ton with the only final and supreme dutho.
rtty in the Government. Every officer in the
United States from the highest to the lowest,
and in every department, is amenable to Con-
gress for any failure in duty or for any per-
sonvl or official misdemeanor whatevear.
What would Mr.. Browning and his friends
have? Would they have the people give up
thisIgreat law-maklng function, aud confer it
upon one manP Would they have the final
authority of the Government located some
where else than in the hands of the peoples
representatives?
Mr.. Browning says the Legislative depart
ment has already exercised more influence
than is compatible with safety and entire free
dom over both the Executive and the Judi
ciary." We deny the assertion, and defy him to
show single instance. On the contrary, the
history of the country shows exactly the oppo-
site. 1t is the Executive branch of the
Government that constantly tends to
aggression and usurpation. 1t is the
Executive who, through thousand ave-
nues of official influence, attempts to
controls the legislative policy OF the country.
Indeed, 80 far has this gone, that we now find
an attempt made by the Executive to thrust
ahls "policy" upon the country, in defiance OF
stts will OF the people, as expressed through
thssf representatives. Nor Is this the first
time, unfortunately, that we have beheld such
a spectacle. In 1853 Mr. Buchanan made
precisely similar effort. He had concocted
a certain ''policy" 10 regard to the admission
Of Kansas under the Lecompton Constitution.
Instead Of conGning himself to his Legitimate
duties OF executing the laws, he took it upon
him 10 force Congress into an adoption OF his
"policy." Then as now, we saw the power
of Federal offices and patronage prostituted
in an attempt to override the will of the
peoole. But Congress stood Arm, and saved
the liberties of the people.
We do-not wonder that Mr.. Browning and
his sort of politicians dislike the people, and
would be very glad to limit their power in
the Government. The people are opposed to
them and their plans. The people have
decided against them on a simple and square
.aDueal. They don't like the decision, and so
they have fallen to declaming against the
popular branch OF the Government. But the
people are not disposed to give up the right
of making their own laws. Despite Mr.
Browning's false logic and false history, the!
will continue to stand by that great bulwarl
of popular liberty the Congress OF the Unite'
States.