The New York herald., 1866-03-31

The DeFender Of the Constitutions.
| No man was ever better entitled to be called
the defender of the constitution than President
| Johnson. No one ever stood in such trying
position, 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 ex-
traordinary powers that an overwhs,..n
| dominant party would have plsced in his
hands. Had he been disposed to. cooperate
with this party in their unconstitutional meas
! ures he might have become perfect autocrat.
The opposition was Insignificant. It's voice
would not have been heard. The people were
tired Of agitation, and had become apathetic.
! Under this state of feeling, which was the
natural reaction Of years Of political and war
excitement, they forgot in measure that
"eternal vigilance is the price Of liberty" and
were disposed to let the authorities at Wash
ington do what they pleased The party which
elected Mr.. Johnson was overwhs.' ming IN Con-
gress, and had he gone with them ana used
them, as he might have done, he could have
usurped nearly all the reserved rights of the
States and people. He could have secured his
nomination in 1868 and have perpeiuate. bis
power What prize for an ambitious man!
How few could resist grasping at it!
But this patriot President ani truly great
man could not be tempted. Through quarter
of a century of public life Andrew Johnson
had stood immovably by the constitution. He
was always regarded through this long period
as a watchful and faithful sentinel over that
sacred instrument and the Treasury of tho
United States, and now, in the plenitude of
his power, he will moi abandon the ground he
has always stood upon.
The oath of Office which the President Of the
United States takes is remarkable, and different
from that which is taken by other oficeholders.
In article two, section one, of the constitution,
it reads rs follows:-1 do solemnly swear that
I will, to the best Of my ability, preserve, pro-
tcct and defend The constitution Of the United
Sta,cs."' Other oficeholders take an oath 10
support the constitution, 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 profound
meaning in every one. What Is meant by this
emphatic language ofprcscrving, protecting and
defending the constitutions? Who can assault
the constitution or undermine 1t but TIE other
branches of the government, and chiefly Con-
grcsss Here we find the motive and reason for
investing the President with the vetopowcr. He
can defend the country against foreign enemies |
or invaders by the army and navy. He can
protect and preserve il by the same means from
insurrcction or resistance TO- the laws. But to
preserve, protect and defend the constitution
is another thing. The enemies in this case |
wcuId be factious political parties and orgsni-
zations, corrupt Judiciary, usurping Com |
gress, or some other evil bodies or persons
among ourselves He is sworn 10 be the pre-
server, protector and defender Of the consti-
tuition against any Of these.
Who can say, then, that Nc is not justi-
fed in vetoing the monstrous unconstitutional
acts, Of the present Congress? lie would |
violate his oath IL he did moi. His vetoes
come with much more force and have
much more reason in them, too, when we con-
sider that the present Congress does NOT |
represent the whole country. That body |
forcibly excludes States in the Union from |
TtpftSeutdtfOu, uuu ~ Tue Sdmc IlIuo 1
passes laws for those that are not represented.
Suppose two-fiths OF the States were, by some
chance, only represented in Congress--that In
times Of trouble the members from these should |
succeed in getting possession OF the Capitol and
perfecting their organization and that they |
should take II into their heads 10 exclude tho
other tbree-ffths, what would be the conse-
quences Would not that be. unconstitutional |
Would II not be revolutionary! Who, then,
under such a slate Of things, should preserve
protect and defend the constitution against |
these usurpcrs but the President. The priu-
ciple is the same whether two-ifths, having Sc
cured the Capitol and the organization Of Con-
gress, should exclude the other three-iifths, on
the majority Of States should exclude the rni
norisy. The constitutional right and principle
il the same. Every one must see, therefore,
the condition we are in at present by the
factious opposition OF Congress 10 the reskora-
ton policy Of the President He is patient
in. his labor and steady in his efforts 10
bring the country back TO harmony without
giving any shock to.the machinery of the gov
crnment;. but the powerful faction in Congress
continues TO obstruct Ms measures. Still We
have an abiding faith that he will remain firm
amid all the assaults upon himself and the
constitution he has sworn to preserve, protect
and defend. In due time the people will nm
derstand the issue, and will rally to sustain
him, and posterity viii delight to call hin the
defender Of the constitution.
ASpr JonSsoS hss not left t1e republican
party. The radicals are trying 70 take the !
party away from him and from all Uaion prin-
ciples.
THR PeovvE of Connecticut have already