The home journal. (Winchester, Tenn.) 1858-188?, 1867-03-21
SHERMAN RECONSTRUC-
TION BILL-A fQUERE'

To the Editors Of The New YORK Dayrhooh'
The allegation is made that an act Of
Congress passed over aiveto -by.e two1
third vote, must be carried into full OK.
.ecuton by the President and other OF,
jdciils,, no mnattcr how transparent ana
'atrocious may be the violation, 6 Of the
Constitution, Of all Republican prlncl.
pie ofiusticc, Of humanity in fact t'int
an act OF Congress, until pronounce
unconstitutional by the supreme Go"r'
must be carried implicitly into iu,l
ecution--and upon this dictam Is nasea
the declaration that the Sherman atroc
ity must be fully carried into effect
Is this a tenable position ! y " ul.
oualifcdly i'm %erativc on the ESecue'yo
TO carry into full execution this mon
/ strNN outrage upon tho Constitution
land Republican principle
M If this doctrine be sound, then Con
arcss can deposa the State Govern
mcnt of New York and OF every state
It can enact u law eyclu ling the pres
ont Executive and appoint another,
without recourse to impeachment; u
could ahrogate the 'oarriage uo o.
every couple in the land II conlu wv Ma
farmers alone and make them pe"i VIC
entire burden Of taxation. r7
Surposc Congress were to pass s0e,'
act, they would not be more eleailya Nv
variance with the Constitution or &C.
structiyc of every republican principle
or more disastrous to the people, IMAM
in the Sherman bill. Yet no ono Tor
a moment doubts Chat any such laws
of Congress would utterly fail, and mat
certain and efficient means would be
found to stay their exccutionT7-lor what
can he so moastrous rs to suppose that
the Constitution ind given absolute and
unlimited bower to Congress- that 1t
,njabd pass II law making the tenure ol
the Presidential office for life, and pass
a law abolishing the Supreme Court, SO
that it could not act to revise its laws.
Yet all these follow as consequences, il
the Sherman villainy cannot he averted
Supposcthe President shall wholly
refuse to recognize the law, it canno1
be carried then into execution, iol
there is no other power or authority
which can execute it. What then
Congress will impcach But the Presi
dent has the right to resist and disre
card any trial Of impeachment by
} fractional Congress. In Il conflict be
tween tic President and body calling
itself Congress, but which the EXccu
g, tive does NOT recognize as an integra
Congress, who is to decide between
them? The Supreme Court? II not
, has not the Executive u right to main
tain his position against Congress, es
= pecially when the issue is upon n
doubtful point, and when the issue !
as clear as the noon day sun. Ihi
Congress directs the President to pre-
pare himself by the most monstrou
G and appalling yilations ofthc Constitr
$ ton, carrying in their train remedies
disaster.
> NO, as a refusal to carry out this la
would Cetall no ll;Fll Any WAcAe, 10
not the most sacred and impera.iv
duty of the President utterly to disrt
gard it, and force an issue before t.
Supreme Court? Can there .be II
cause for a moments hesitation as t
which alternative he should resort, t!
one so full of woe, so destructive to I'll
Constitution--the other y simple iss'
at law, while matters remain i'll sta
quo:s What are tie evils of obeying;
invalid law? What the evils OF refusln
to execute it? A full and true answ'
to these questions, it would seem, won
leave the President withouta shade
Of excuse for executing the law.
March A., 1867. OMEGA.