The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1867-03-11

HIGHER LAW. ....aaa
Gen. BurLER asserts that The President
ras guilty Of usurpation when he appointed
PROVISIONAL governors for the lately insur-
rent States, and through them re-established
epublican governments there. He appears
70 be in the same predicament that Presi-
lent JEFFERsoN was when EDWARD LIvNos-
ION informed him that the First NAPOLEON
would sell to the United States the territory
If Louisiana. Not finding The potOer er-
pressed in the Consultation he does not knoW
IOhere else to look for ii. 1t is an interesting
item of American history, well understood
by the elder class Of statesmen, that when
President JEFFERSON received the informa-
ton that Louisiana could be obtained he
took down his copy Of the Consultation and
Of the "Federalist," which expounded IL, and
carefully looked for some provision which
would authorize him to buyit. He fully ap-
preciated the high public necessity for hay-
ing control Of both banks Of the Mississippi,
but resting under the impression then prev
alent that this Government possessed no
powers not expressly given by the oonsti-
tuition, he was utterly at loss for authority
to buy it. At length il occurred to him to
send for that eminent lawyer, JoHS TAYLOR,
of Caroline, Virginia, and to consult him
upon the subject. TAYLOR came, and Presi-
dent JEFFERSON stated to him his inability to
find in the Constitution any power whatever
for the purchase Of that territory. "Why,
Mr.. President" said that profound cid law
yer, you've looked into the wrong book.
The Constitution Of no nation in Christen-
dom, written, verbal or traditional, contains
any such provision. IL is an attribute Of
sovereignty. 1t belongs, Of right, by the
laws Of nations, which is higher than the Con
stitution Of any, to every independent Stnte
in Christendom." This relieved President
JEFFERsoS's mind, and he purchased Louis
lana. The rest is generally known.
We know Gen. BUTLER to be an able and
shrewd lawyer; and from his demonstrations
against The President he appears to be o.
the "strict construction school," whose mar
row interpretations of law will not permit I
glimpse Of anything outside the text Of the
Constitution. He perceives in that instru
ment no express power to appoint provision
al governors, and proposes to have Til
President impeached for its exercise. We
do not pretend to be very learned in the law,
but we suggested in our columns six months
ago that il there should be any attempt to
impeach TIE President for appointing pro,
visional governors there would be profound
lawyers in Congress capable Of demonstrating
that the power, in this respect, which he exer
cised was ian attribute Of sovereignty tUhicl
The executive head Of every nation, by tn
latvs of nations, is authorized 10 exercise TO
the preservation Of The nations life" w
now give this keynote again to the lawyer
in Congress, Gen. BUTLER, as well as tn
rest-to the rest observation-disclosures thi
view of the matter should 60 out to tn,
country in vindication as well Of Ex-Pres
dent LINCOLN as Of President JOHNSON. l.
Is THE SOLID ROCK OF DEFENcE FOR THE ACTS Of
BOTH 1t is the true legal justification 70
both, for all their ertra-constitutional act
done for the preservation of the nations life
An ertra-constitutional act is not necessaril
u'tconsttuuonai'
10 Illustrate TINS iaeu sun iur'ner' we say
by 'he laws Oh ha'iois, winch are iau1ii
agreed 10 oy every ha'ioh IN onriS'eiuon
every independent ota'e iS a,o"eu u PoSSe'
certain powers u'snineu Win Tue aPPe''A'io
OF ATTRIBUTES o' so'ereish'T 'na' ainoi'
these attributes are-
l. Inc rign'' coupiea WIN INC uu'y' u Pr
serve tne hn'ioh MT
z. Inc uu'y VI tne nAeIuN'e ne"u VI u,
nA''oh' 'Uupieu VII" '~e 'isn', " use "a ~
iorTeS unu means u0ua'ly employer " Wv.
lieu ha''onS' Su'n do "fin,es' ha'ie'' 'P'e'
anu sPe'"' pfo'i''0na' on'e''' " P'e''''
tnat me-
Inc r'Bn' " uo4une 'errl'0ry Is uho'ns
a''iiou'e VI 'o'eteisn'y' 10 VIC nave u,'eau
4h''ina'eu ou. un"' 10 ou' Vi o''' ''iie Vi afe'
ineh' now ino Po".l " apPOin' Pr
'iSioha' governors Is 'ue Question We ii
considering We li'isS 'n"' 'ne feSiuen'
the ohiteu S.u'e'' 10 '"e eAeIu'''o h'"u
tnis hu.ioi' aiu' w INC i""0 VI na''ono' ~
seSS 'ha' Po"e, ~ 'no 'line anu ~ 'a' ~ ~,
tlhgehcy IN "hion ~ "ao eAei'iSVu