The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-12-10

| PoPuiei Will Always euluicee
obedience to itself, sooner or later. II
is vain to think of opposing it with
anything short of legal authority, backed
by overwhelming force. 1t cannot have
escaped your attention that from the day
on which Congress fairly and formally
presented the proposition to govern the
Southern States by military force, with q
view to the ultimate establishment oi
negro supremacy, every expression oi
the general sentiment has been more OF
less adverse to it. The affections of this
generation cannot be detached from the
institutions of their ancestors. Their
determination to preserve the inheritance
OF free government In their own hands
and transmit it undivided and unimpared
to their own posterity, is too strong to
be successfully opposed. Every weaker
passion will disappear before that love
of liberty and law for which the Ameri-
can People are distinguished above all
others in the world.
IF NECESSARY THE PRESIDENT WILL FIGHT.
How far the duty of the President. nto
preserve, protect, and defend the Constitu.
tion," requires him to 60 in opposing an un-
constitutional act of Congress, is very seri-
GUS and important question, on which have
dsliberated much, and felt extremely anxious
to reach proper conclusion. Where an
act has been passed according to the forms
rof the Constitution by the supreme legisla-
tive authority, and is regularly enrolled
among the public statutes of the country,
Executive resistance to 1t, especially in times
of high party excitement, would be likely to
iproduce violent collision between the respec-
\ tive adherents of the two branches of the
Government. This would be simply civil
war; and civil war must be resorted to only
as the last remedy for the worst of evils.
Whatever might tend to provoke it should
be most carefully avoided. faithful and
conscientious Magistrate will concede much
to honest error, and something even to per-
verse malice, before he will endanger the
public peace; and he viii not adopt forcible
measures, or such as might lead to force,
as long as those which are peaceable remain
open to him or to his constituents. 1t is
true that cases may occur in which the Ex-
ecutive would be compelled to stand on its
rights, and maintain them, regardless of all
consequences. IT Congress should pass an act
which is not only in palpabIe conflict with
the Constitution, but will certainly, if carried
out, produce immediate and irrepairable in
Jury to the organic structure of the Govern
ment, and ifthere be neither judicial remedy
for the wrongs that it inficts, nor power in
the people to protect themselves without the
Official aid of their elected defender; if, for
instance, the Legislative Department should
lrloco M III h. oF
law TO abolish coordinate department of
the Government-in such case the President
must take the high responsibilities of his
ofiice, and save the life of the nation
at all hazards. The so-called reconstruc-
ton acts, though as plainly unoonstitu-
tional as any that can be imagined, were not
believed to be within the class last mention
ed. The people were not wholly disarmed of
the power of selfdefence. In al the North
ern States they still held in their hands the
sacred right of the ballot, and it was safe to
believe that in due time they would come to
the rescue of their own institutions. 1t
gives me pleasure to ad that the appeal to
our common constituents was not taken in
vain, and that my confidence in their wisdom
and virtue seems not to have been mis-
placed.
FRAUDS ON TIE TREASURY.
1t is well and publicly known that enor-
nous frauds have been perpetrated on the
Treasury, and that colossal fortunes have
been made at the public expense. This spe-
cies of corruption has increased, is iucreas-
ings and if not diminished will soon bring
us into total ruin and disgrace. The public |
creditors and the taxpayers are alike inter |
ested il an honest administration of the f. |
nanoes, and neither class will long endure |
the large-handed robberies of the recent |
past. For this discreditable state of things |
there are several causes. Some of the taxes
are so laid as to present an irresistible I
to evade payment. The great
sums which oficers may win by connivance
at frand create q pressure which is more
than the virtue of many can withstand: and |
there can be no doubt that the. open disre-
gard of the constitutional obligations avowed
by some of the highest and most influential
men in the country has greatly weakened
the moral sense of those who serve in sub
ordinate places. The expenses of the United
States, including interest on the public debt
are more than six times as much as they
were seven years ago. To collect and dis
burse this vast amount requires careful su-
as well as systematic vigilance
The system, never perfected, was much dis
organized by the "Tenure Of Office Bill" which
has almost destroyed official accountability.
The President may be thoroughly convinced
that an officer is incapable, dishonest, or un-
faithful to the Cons stitution, but, under the
law which have named, the utmost he can
do is to complain to the Senate. and ask the
privilege of supplying his place with better
man. IT the Senate be regarded as person
ally or politically hostile to the President,
1t is natural, and not altogether unreasona-
bic, for the officer to expect that it will take
his part as far as possible, restore him to his
place, and give him a triumph over his Ex-
ecutive superior. The. officer has other
chances of impunity arising from accidental
defects of evidence, the mode of investigat-
ing it, and the secrecy of the hearing. It
is not wonderful that official malfeasance
should become bold in proportion as the de-
linquents learn to think themselves safe,
am entirely persuaded that under such al
rule the President cannot perform the great
duty assigned to him of seeing the laws
executed, and that it disables him
most especially from enforcing that rigid ac-
countability which is necessary to the due
execution of the revenue laws.
THE POWER OF REMOVAL FROM OFFICE.
The Constitution invests the President with
authority to decide whether removal should
be made in any given case; the acts of Con-
gress declares in substance, that he shall only
accuse such as he supposes to- be unworthy
Of their trust. The Constitution makes him
sole judge in the premises; but the statute
takes away his jurisdiction, transfers it to the