Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-12-05
IL PREsERyArIoN oT ruBLIc cEEDIF.

the markot value OF our other promises. Be
sides, If we now acknowledge that The Nati0na
debt vas created, not TO hold states in tn
Union as tax payers were led to suppose, but n
expel them from il and hand them over 4
be governed by negroes ihe moral duty 70 pal
70; for do not admit that Il or any other argu
ment IN favor OF repudiatiop can be enter
classes Of minds may well be spprehended
Tha financial honor OF great Commercial
Nation, largely indebted, anu with repuelt
can form Of government admin tered by
Z agents OF popular choice Is thing OF sucr
1 delicate texture, and the destruction Of 81
I would be followed by such unspeakable ca
I lamity, that every true patriot must desire e
] avoid hatever might expose Il 10 the slightes
danser The great Interests OF the country re-
quire immediate RELIEF from thefe enactments
BUSINESS IN THE SOUTH Is PARALLEL
by sense OF general insecurity, By the terrOl
/ OF contiscation and dread OF negIO supremacy
/ Southern trade, from which tie North would
have derived so great a profit under govern
/ ment OF law, still iangnishes and eau never be
revived while u can be fettered by the arbitrary
power which makes all us operations unsafe
l That ricn country. the richest in natural re
! sources the world ever saw, il worse shan lost
! II it be not soon placed uuaer the protection OF
[ free Constitution Isstead OF being. as y
ought to be, a source OF wealth and power, II
[ would become an intolSrable buruen upon the
/ rest OF the Nat on
THE LATE ELEer1oNs-
Another reason for r. cling our steps will
/ Doubtless be seen by Congressin the late mani
/ festations OF public opinion on this subject
/ WeIive ia a coun nfry whore popular will aIway
forces obsdieneo 20 Itself So ner or later II is
/ short Of legal authority backed by overW helm
/ ing force. II eaunot have escaped your atten-
| ton hat from the day on which Congress airly
/ aRd formally presented the proposition to gov
/ eru the souIhe Staies by military force with
! a view 70 the ultimate establishment OF negro
4 supremacy, every expression OF general send-
ment mas been more or less adverse TO 1t.
The affection OF this .e5cnf1Rti0n cannot De
detached from the institutiOns OF their ances-
| tors. Their discrimination 10 preserve the
Inheritance Of free government in their Own
I hands, and transmit II undivided and un1m-
! paired TO their own pOsterity, is too strong 70
! be successfully opposed. Every weaker passion
I .wilt disapDear before the love of liberty and
[ law, for when the American people are distih-
guished above ali Others in the world.
POWER or THE EXECUTIVE.
How far the duty OF the President TO pre-
/ serve. protect and defend the Constitution re
quires him to 20 in opposing an uncoustitu-
tIoHa act Of Congress. IS a Very serious ana I'm,
! portant question, on which / have deliberaJed
! much and felt extremely anxious to reach q
/ proper conc usion. Where an act has been
/ passed according 10 the forms OF the Coustitu-
/ ton by the supreme legislative authority OF the
] country Executive resistance to il, especially
] In times OF high party excitement, would be
/ likely to produce violent collision between the
] respective sdherents OF the two branches of the
/ Government. This would be simply civil war
! and civil war must be resorted TO only as a last
remedy for the W0rst OF eva r.
whatever might tend TO provoke Il should De
most ca efully avoided A faithful and consci'
9ntiOus magistrate VIII COnGt te very luucii "a
/ honest error, and something even to psryerse
l malice, before he will sudangtr the public
peace: and he will not ADOPT fOrcib ble measures
/ or such As might lea TO force, As long Ss the
] cbances Witch are peaeeabIe remain open 10
him. or 20 his constituents. IL Is true that cases
/ may occur in which Che executive wouid be
{ compelled to stand on lis rights and maintain
/ them regardless OF consequences.
WHEN THE EXECUTIVE MAY RESIST AN ACT Oh
CoSGRFass.
/ II Congress should pass an act which IS not
/ only IN paipable conflict with the Constitution,
1 but will certainly, II carried out. produce inn
mediate and irreparabie injury to the orJan1c
structure OF the Government. and If here be
neither judicial remedy for he wrongs II ln-
selves without the official aid o. Jnelr elected
/ defeTders; II, for instance, the legislative de-
. partlnenl should pass act, even through II
/ the forms law, 70 abolish a co,.orainate de-
partment OF government; In such a case ths
I President must take the Ligh responsibility oi
his office and save The life OF the nalion at all
/ hazards
plainly unc1nstitulionai any that can be
imagined, were not believed 10 be within the
/ class last mentioned. The people were not
wholly uisRrmed OF the power OF self-defens :
/ In al the Northern states they still hold in
I their hands the sacred right Of the ballot, and
Z Il was safe To believe that in due lime they
would come o the rescue of their own institu-
! tiOnS. IL gives me pleasure 10 ados that the
/ apueal to our common constituents was not
[ te Ken in vain. and that my confidence in :hell
| vi dom and virtue seems NOS 10 nave neBn IDles
u
Z enormous frauds have been pefpetriated on the
/ treasury and that colossal fOItunts nave been
] made ~ public expense Z MS species OF colrup
tiOn has increase and is increasing, and II Lot
/ diminished will soon bring us into total ruin
: and disgrace.
/ The public creditors and tax payers are alike
/ interested in an honest administration OF the
/ finances, and neither class will long endure the
I high handed bberies reosntly exposed. For
this discredtRble state OF things there are seve-
raj causes; some of the taxes are so laid as 70
present an Irresistible temptation 10 eyade pay
I meut. The great sums officers are rendered Ior
I c1nnivance at fraud create pressure which is
more than tue virtue OF IN ny can Withs tand,
/ and there can be no doubt that open disregard
/ OF constitutional oblik kations avORed by sons
Of me highest and n, ost infius ntial men in tie
| country has greatly weakened the moral sense
! Of those who serve in subordinate places.
| The expenses OF the United States, Including
/ the interest on the public deOt, are more than
/ ix times ss much az they were seven years
/ ago. To collect and disbuTse this vast amount
D requires careful supervision, as Well as sys-
| tetnntic vigilance The system has never
I been perfected, and was much disOrganized by
/ tue tenure Of Ofiiee bin, winch has almost
I deaf may be thoroughly convinced that
] an officer Is incapable, dishonest or unfaithful
! to the constitution. but under the law which
/ I have named his utmost endesvors 70 com
] plain TO the Senate and ssk the privilege OF
/ supplying his place with better man, Dif the
! Senate be regarded as personally hostile 10 tbs
Presidentl. 10 is natural and not altogether un'
/ reasonable for The officer TO expect that II VIII
tslle his part as far s possibls 10 restore hun %
I his place and give him a triumph oyer his eE
I ecutive superior officer: and he has 1thei
chances OF inipultitB arising from accidental de;
/ fects uf evidence made IN investigating " and
! secrecy OF hearing II, ana IL - not MOnueIlul
| that Officiai malfeasanps should become bod M
proportion as delinquents learn to JhtnE theInr
selves sa O. 4 am entirely persuade q that undei
Z such a rule the President cannot perform the
! great duty assigned to him OF seeing the laws
/ faithfully executed, and that II disable BIN
most especially from enforcing that Tl7id a.
| eounta6iIity which is necessary to the due exc
[ cutiOn Of revenue laws
The Constitution invests the President with
/ authority TO decide whether a removal shall be
! maue in any given case The act OF Congress
l declares in Substance that he shalt only accuse
I SUCH A. he supposes to be unworthy Of theiI
] confidence. The Constitution makes him role
/ Judge in the premises, but the statute takes
1 away his Jurisdiction and transfers IL TO the
Senate, and leaves hln nothing put the ca Oui
and some tunes impracticabie dnty OF becoming
/ fhe prosecution is to be conducted before a
/ tribunal whose members a. e not like hun re-
/ sponsibig TO the whole pe9ple, pEt 70 rep rda
| constituent bodies and WHO may hsar bis accu
sation wi b great dsfaYor. me senate Is WI y
| out any kuO n standard Of decision applicable
1 to such a Crse. It's Judgment cannot be anuel-
paled, for Il IS not g aveined by any rule The
law does not define what shall bs deemed good
[ cause for lemoyaL lt Is Impossible even 70
conjecture what may or may not be 50 cons d.
| cred by the senate. The nature OF the subject
fOTbids clear proof; II the charge De lneapacily y
/ what evidence will suppo I its Fidelity 10 tie
Constitution may be understood OF m sunGer
/ stood in "A thousand different ways, ana by Vlo-
I
l fulness TO the Conststulion may even eeme 70
! be considered meritorious IL an ofncer be
! accused of dt>honesIy. how snail II be made
/ out2 VIII Il be inferred from &C uneonnected
with pubic dhty, from pr yate history or nom
| general reputation, or must the President await
| The commission of an actual mlsdeinennOf IN
| offiee, and shall be in the meantime risk char
l acter and the interest of the nation in the
/ hands of men TO whom he cannot give his conn.
/ deuce and must he foIbeAT his complaint until
1 the mischief is done and cannot be prevented
] II his zeal in the public service should 'mpel
| him TO anticipate an overt act, mus1 he move
| at the peril OF being tried himself Tor me
Z offense OF slandering bis subordinaiesP In the
/ present cre +mstA tAIgss ~ the eoHntTy some one
| must be held TesponHbie for ofnclai aeiin-
/ uuency Of every kind. IL is extremely dincult
/ TO say where that responsible should DC
thrown II Il be not LETT where q bas been placed
by the Constitution. But All Just men WI
relieved from such responsibility II he cannot
/ meet IL by reason Of restrictions placed by law
upon his actions. Unrestricted power OF re-
I moyal from Office is a very great one 10 be
] trusted even to a magistrate chosen by general
! suffrage of the whole people, and accountable
/ directly TO them Tor his acts. II is undoubtedly
liable 70 abuse, and at sotAe pefisu9 OF olr MS
/ tory has been abused. -lfit be thought deslra'
! BILE and constitutional that IL should De so lin
/ tied as 10 make the President merely common
] informer against other public agents, he should
I at least be permitted TO act IN mat capacity
before some open tribunal, independent oi
( party politics ready TO investigate the
I merits OF every rase, furnished with means
/ Of taking evidence and bound TO decide
l according 10 eshaOll.ueu 1Atc- AAlr
would guarantee the safety Of the aefusol
| when he acts in good faith, and At the same
| time secure the rights of the other party,
! speak of course, with all proper respect for tht
] present Senate, bat 1t does not seem 70 me thel
/ any legislative body can be constructed as tc
| insure its fitness for these functions II Is not
| the theory OF the Government thai pupn(
[ offices are the property e those VINO hotu
! them. They are given lnerely as trpst for " :
! public beheht-sornetime Tor nxed perlCq
/ and during good behRyior-but generally they
/ are liable TO be terminated at Inc pleasure o.
the appointing power, which represents tht
collective majority sndspeaks the VIZ OF The
The forced retention in once OF a single dis.
I honest person may work great injury 10 ths
/ public Interests and danger to the public ser
| vice. Evil comes not from the power 70 ap
/ point therefore it was that the trainers OF tnt
Constitution left the power OF removal unre,
1 sIricted, while they gave the senate the rghl
I TO reject all appointments which IN us opinion
were not 1T to be made
! ably satisfyi an who have the good Of eopntry
I at heart that Olr best course Is 10 take inl
! Constitution for our guide, walk In the path
| marked out by the founders OF the HepuonI
| and obey the rules made sacred By the opSsT
vance or eur great predecessors.
THE PRESENT CONDITION OF OUR FINANCES AM
/ pIRCpLATISG MEDIUM
is oDeto which your early eoRs deratiOn is in
/ Viteu The proportion which lie currency O
! any cOuntry-h hhQuld bear 10 the whole value o
I question upon which political economists have
Il not agreed, nor can 1t be controlled by legisia
Il ton, but be left TO the trrevocable laws which
I eveEyw here regulate commerce and trade. 4 ht