The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1867-10-11
Powers Of the President.

only executive authority and power, and no
is not authorized to impose a policy upon the
nation. 1t is the unauthorized effort to do
this by the present Executive which has in.
voIved the country in such a prolonged strife,
The powers he derives from the Constitution
are, by the language of that instrument, sab
jeet to Congressional regulation, for Con,
gress Is expressly authorized to pass all laws
necessary and proper to carry into effect the
powers conferred by The Constitution upon
any officer or department Of the Government.
By this means, and by virtue OF the charac-
tel of his ofice, the President is made sub
ject to the law, and his duties are such as
arise ont of the law. He is the agent OF In
strumeHt Of the law, aud not in any case SUI
perior to It. lie is the servant of the nation,
not its sovereign. As u citizen he has IL
right to his opinions, but MS an Executive he
has no authority to compel their adoption
persons in Office to adopt his views are in d.
rect conflict with the Constitution. 1t is an
impcaehablO oEFencs tor him to prostitute the
powers and patronage Of the Presidential Of.
fee to purposes Of personal gain or political
advantage. Such a use Of his Office is de-
mOralizing and corrupting in the extreme,
and when sOvere:gns have exercised such
powers in foreign governments for such pur-
poses, they have always been Chased as acts
of tyranny justIfying revolution. Andrew
Johnson has, with a gross ingratitude and
baser motive than any man in this coun-
try's history, used the patronage Of the
Government corruptly and remorsClossly to
punish the opponents of his policy and fur
ther his personal ambition. He has not only
outraged the PRINCIPLES of the Constitution
but the spirit Of the tenure Of civil Office
law, until the whole civil service is demoral.
lied and untitled for the performance Of its
duties, and especially the Treasury branch
thereof is reeking with corruption, and the
nation is being robbed by its own officials.
The pardOning power has also been used by
him for personal advantage, as well as tor
political purposes. The Constitution au-
thorizes him 20 grant Feprieves and pardons
for offences against the United States. re-
prieye SuspeRds a sentence a pardon re-
mitS the penalty, and sometimes sets the Of
free from the legal consequence of his
The extent of this power is a que,-
ton about which there is a Gifcrtnce %Ofopiu-
ion but it is clear sour forefathers,r to
whom the reeusaLt President so often ap-
peais, never intended that officer to pardon
before conviction. In the debates upon that
it was alleged by Mason, Of Virgin
Ia, that he might incite treason BY promises
Of pardon before conviction and Madison
the power OF impeachment as a
jacquard against the abuse of the pardon
ing power. Granting psrdons before can
fiction was held to be such an abuse, and
Madison said for this the President could be
mpeached be IoEid be 'wpend,d during triGl,
md remOved after conviction.
Public acts Of amnesty may be necessary
proper for the future peace and welfare
!: society, but the right to- grant amnesty is
Iot concluded in the power to pardon. Such
cts can only proceed from the PtrogahV. pow
rs Of sovereignty, which here reside in ,hs
and are represented by Congress. IL
! a usurpntiOn from the Executive to grant
n amnesty without authority Of law. That
IA question Of policy affecting the State
Ot Of clemency affecting the individual!
here Is no precedent to sustain il, and it
'ould be exceedingly dangerous to create a
over in the hands Of a single individual to
iapd between society and those who prey
pOB II to protect them from the consequent
es Of their crimes, No such power exists
nder the Consultation it was authorized
= law, but the lay was repealed before the
st uipnest. qroslamation, and the usual Of
lat is clearly an impeachabla offence, and
lie more so as it vas done in furlherauce Of
purpose 10 defeat the reconstruction Laws.