The Evansville journal., 1867-12-04


Affection kofs this generation cannot be
detached from the institutions OF
their ancestors. Their determination
to preserve the Inheritance Of a free
government in their own hands, aud
transmit it undivided aud unimpalred
to their own posterity, is too strong
to be successfully opposed. Every
weaker passion will disappear before
the love Of liberty and law, for which
the American people are distinguish
ed above all others in the world.
How far the duty of the President
to preserve, protect, and defend the
Constitution requires him to go, Ia
opposing an unconstitutional act Of
Congress, is a very serious and impor
tant question, on which | have delib-
Grated much, and felt extremely anx-
iOus to reach proper conclusion.
When an act has been passed accord
ing to the forms of the Constitution,
by the supreme legislative authority
of the country, Executive resistance
to it, especially in times of high party
excitement, would be likely to pro-
duce violent collision between the re-
spective adherents Of the two branches
of Government This would be simple
civil war, and civil war must be re-
sorted to only as 4 last remedy for
the worst of evils Whatever might
tend to provoke it should be most
carefully avoided. A faithfal and
conscientious magistrate will eoncede
very much to honest error and some
thing even to perverse malice, before
he will endaBger the public peace,
and he will net adopt foreible meas
ures, or such as might lead to force,
as long as chances which are feasible
remain open 70 him. or his eonstitu-
ents. 1t is true that cases E2ay occur
in which the Executive would be
compelled to stand on his rights, and
maintain them regardless of conse-
quences. If Congress should
pass an act, which is not only
In paipable conflict with the Consti-
tuition, but will certainly, If carried
out, produce Immediate and irrepara-
bic injury to the organic structure of
the Government, and if there be
neither justice nor remedy for the
wrong it iBficts, nor power in the
people to protect themselves without
the official aid of their elected de-
Tenders; if, for instance, the Legis-
lative Department should pass an
=.
to abolish a coordinate department
of the Government. in such ease the
President must take the high re-
responsibilities of his office, and save
the life Of the nation at all hazards.
The so-called Reconstruction Acts,
though as plainly unconstitutional as
any that can be imagined, we're not
believed to be within the class last
mentioned. The people were not
wholly disarmed of the power of self
defense. la all the NortherR States
they still held in their hands the
sacred right Of the ballot, and it was
safe to believe that in due time they
could come to the rescue of their own
institutions.
1t gives me pleasure to add that the
appeal to our common constituents
was not taken In vain, and that nay
confidence In their wisdom and virtue
seems not to have been misplaced.
1t is well and publicly known that
enormous frauds have been pei %, { at
ed on the Treasury, and that colossal
fortunes have been made at the pub
lie expense. This species of corrup-
ton has increased, and Is inc reasing,
and if not diminished will soon bring
Il
public creditors and tax payers are
alike interested in an honest admin
istration of the finances, and neither
class will long endure the large hand
ed robberies of the recent past. For
this d;screditable state of things there
are several causes. Some of the taxes
are so laid as to present an irresist-
able temptation to evade the payment
Tna errnaf s171na xFhiNh ioffcaYS m ~
receive by eOnnivaBee at fraud create
a pressure which is more than the
virtue of many can withstand; and
there can be no doubt that the open
disregard of constitutional obliga-
tions avowed by some of the high
est and most influential men in
the 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
debt, are more than six times as much
as they were seven years, ago. 10 col
lect and disburse this vast amount re-
quires careful supervision as swell as
systematic vigilance. The system,
never perfected, was much disorgan-
lied by the Tenure OF Ofice Bill,
which has almost destroyed official
accountability. The President may
be thoroughly convinced that an off
Ger is inca pable, dishonest or unfaith-
full to the Constitution, but under
the law which | have named, his ut
most ability is to complain to
the Senate and ask the privilege
of supplying his place with a
better man. IF the Scn. De regard