The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-12


as II the creature turned round upon the creator,
ana attempted TO destroy HIM. But suppose
Governors and administrators refused to obey
this summons to depart out of life altogether?
suppose they said:-"We are within the scope
OF the Constitution; we are Obeying the laws;
the Govern nment recognizes us by the infictiOn
OF taxes, and the appointment of public officers;
and no Congress odn decree our dissolution"
Gould the Government deny or repudiate this
argument2 II IL came before the courts, and
they Eubstantiated it. what would remain to
Congress but the exercise of force in order to
carry out It's views? Thus the country would
be involved in another revolution; towards
that all the proceedings OF Congress in relation
to the South were tending. The Executive
Government we're, at least, endeavoring TO full
Gonsttnton me pa e w UI Se1 So men com
sidered the Constitution first when they framed
laws. Now they occasionally mentioned IL In
Some one on looking around discovered the
Constitution, with much the same sense of
astonishment apparently, that man who was
watching the stars might exper ence when he
discovered new planet. But the Constitution
was on the side of the Executive; law was on
It's side, and reason and justice. The people
would eventually perceive that II was inter-
posing to preserve the very basis of this repuD-
lcan Government, although their attention
might be diverted from il now. "There is,"
added the President, mo answer to this argu-
ment-no attempt is made to answer 1t, except
by the use of arbitrary power You feel some
times as If you were following up principle
straight to its source and bad got tight grip
upon 1t; and II is exactly so in this case"
The Constitution, the President further said,
had been soemnly received when the people
went into the federation No section of the
people, their representatives, could ignore
or overthrow 1t, except arbitrarily. By-and-by,
when the people heard the crash of the fabric
which they had formerly priced so highly when
the sound of the falling timbers reached their
ears, and they saw the dust and confusion, they
would stop and look up to ascertain who 1t was
that had been doing the work of destruction.
That portion of the people which was now un-
heard would eventually demand by what right
a Congress representing part only of the States
had assumed this responsibility. Formerly
when measure was introduced, the first ques-
tion asked was SIS ii cOnstitutiOnal?" and the
next, us it eXpedienH"
Now, Congress only asked, "Is it expedient?"
But in the judgment OF the Executive what
was unconstitutional could not be eXpedient
The Constitution did, indeed, provide for its
own enlargement or amendment, and it was
competent tor the people to change it according
to the method prescribed. But now the ma
jority of the people were voiceless on the ques-
selves heard. One duty of the Executive was
undoubtedly to protect the rights OF the
minority, and hence Congress was aiming to
pull down the Executive, and was even threat
ening the Supreme Court. It was opposed to
the best interests of the people that this at
tempt should succeed, and the Executive still
had confidence that the people would discern
that truth for themselves.
The President presently referred to the al
legged abuse which had been committed of the
appointing power. He said that there was great
misconception abroad as to the good which the
which it might do others, by the bestowal of
offices. Suppose for instance. that there was q
post to be given away luSIS WSIS PulC W 10
twenty applicants for it; and when it was
bestowed all that the President had done was
to make one lukewarm friend and nineteen
received the appointment he had TO make favor
with the Senate III order to have II confirmed.
The man was as likely as not 10 CnroW over Ihe
was different when the Executive was in
harmony with the Senate then the candidate
knew that he could secure q majority OF Jnat
body, and he could venture to give MS adheslon
to the President. In point OF lact, tne Execu-
tive had not made more changes than were re-
uuired by the public Service-not 80 many as
were ordinarily made. There was great out
cry because the men who were actually IN
power had filled all the offices with their friends
and supporters and they did not want 10 see
" With regard to the threatened impeachment
the President said with a smile:-
II had contradicted old worldwide ideas,
derived from Magma Charta, and so downwards,
respecting the right of the accused to be heard,
and to be fairly tried, but these seem to be
going out of date Now. a committee sitting in
Secret and hearing one side only, and that side
| the enemies of the accused, PREJUDICE his case.
1t is a consistent part OF me general system
Frequently during the conversation the Pre-
| sident reiterated his belief that the people
would eventually begin to look at all the ques-
| tions now before them from the constitutional
side He seemed to be content to be judged by
| the fidelity and persistence with which he mad
| adhered in his public policy TO the Constitu-
| tion which his oath obliges him to defend.
! That oath might as well be rescinded if Con-
| gress and the country refused to recognize the
| Constitution as law binding upon all alike.
| Certainly the Presidents opinions with regard
! to the Constitution are not singular, although
| few besides himself have the courage to openly
| proclaim them. There are numbers OF lawyers
| who do not hesitate to admit privately, "the
g6Sg r6Hsdems ones consstuents now aRS
| then, however, a public man Is found who is
| not afraid to declare his convictions. Judge
! Black, for example, made forcible speech in
| defense of the President and the Supreme
Court. He said in the course OF his remarks:-
| "The Judges, and all who think with the m
are called traitors because they declare the Con-
stitution to mean what it says, and because they
will not violate it themselves or permit its Vio-
lation by others when they can prevent IL. i
this conflict for and against the Constitution
implies treason on either side, the guilt does moi
lie at our door, 1t is not the man who sustains
and loves, and believes in the laws OF this coun
| try-it is not such man that can be justly
| called q traitor. But If there be an American
citizen anywhere who, with an oath upon hi
| make war upon 1t, subVert 1T by brute force
| and take away the defenses IL affords to life
! liberty and property, leaving them to the
mercy OF mobs, murderers, kidnappers, mill
| tary commissions and bureaus OF military jus
tice such man is thoroughly traitor"
| Sentiments like these make man unpopu
| lar and therefore few venture to utter them
| The country ought not TO be i'll any doubt al
TO the objects which the radicals have in view
| in impeaching the President. 1t cannot bt
| alleged as a pretext that Mr.. Johnson prevents
| necessary legislation. The majority of two
| thirds is secured, and the veto can always b.
rendered inoperative What is II, then, tina
| the leaders of the party are seeking? To plac
| one of their own number in the Presiden Tia
| chair, so that the laws which they pass may b.
carried out at the point OF the bayonet, If neces
| sary.
| almost directly. The safeguard against it nov
| is that the classes legslated against beliey
| that the President can exercise some restrain
upon their antagonists SII,I They do not yet fee
their hands. This advantage to the countr
more than compensates for Mr.. Johnsons mis-
, takes, whatever they may have been. Tn
radicals wish to reyolutiOniZe the Govarnment