The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1867-03-10
The Louisville journal thinks that

the argument showing its unconstitu
tionality, is overwhelming and I'm
answerable--and then adds:
Can the President, consistent,
with his oath of Office, execute thi
measure? We confess we do not SCI
how he can. If he can, he could will
the same consistency execute meas
ure formally abolishing the Constitu
ton, and comforting upon him absolute
power over the life, liberty, and prop
erty of every citizen in the Republic
but, if he can preserve, protect ant
defend the Constitution by destroying
it, his oath of Office is nothing better
than cheat, or, if he is bound to pro
tect and defend the Constitution and
at the same time to execute law
which destroys the Constitution, his
oath imposes an impossible obligation.
On the supposition we have made, his
oath of office is either a cheat or a
self contradiction. Neither of these
conclusions is admissible. Yet one
or the other is inevitable. There
must be some point, therefore, at
which the Presidents obligation to
execute an unconstitutional but unad-
Indicated law is overruled by his obi
cation to protect and defend the Con
stitution; and, if there is such point,
President johnson has reached it. In
our Judgment, he is bound not to
execute the measure. What his own
view of his duty is we know not; but
we shall all know very soon"
The doubts of the Journal are al
ready solved According to reports
from Washington, the Secretary of
War is ousily employed preparing the
requisite details for putting the Mill
tary bill into operation. Army officers
have been selected for executing the
extraordinary powers con6ded to
them over the people Of the several
." DISTRICTS" and the requisite rules
and regulations are in the course of
preparation.
Scarcely pause seems to have
been made between the delivery of the
message and the labor of putting the
scheme into effect.
The President uttered bold thoughts
brayely; but there will be no cores
ponding action. He evidently feels
himself with mere corporals guard
in Congress to sustain him, and with a
powerless minority in the Northern
States-unable to support the respon-
sibility of refusing to execute law
which he knows to be in palpable VIC
lation of the Constitution, but which
he knows to be in conformity to the
will of that vast horde of fanatics who,
in fiendish spirit as well as might,
rivals the army of old, who were
described "to have drank up rivers,
exhausted realms, and trode down
forests in their wasteful advance"
1t is mockery to hold up the Con-
stitution with one hand, and to execute
the DEGREES of such horde with the
other. And yet we could have ex-
pected nothing else when the Presi-
lent declined to defeat the measure
BY holding it in his hands until after
he expiration of Congress. His .
Iction evinced his determination to .
permit it to become law and to try u
he question of force; or to become
he executioner of the will of the
najority.section, under protest. He has
aiken the latter course. And while N
is decision may awaken feeling of v
egret that he did not decide the ques- C
on in favor Of the principles of his al
lessage by throwing the sword into al
le scale; yet it will be remembered n
lat he was compelled to make choice m
nder most trying circumstances, and O.
would be uncharitable to attribute al
is decision to any other than the high lie
st considerations ofduty. :.
The journal advises that the authori- til
es of the States which are brought tn
nder the operations of the law, seek OF
leir remedy by carrying it to the WI
lpreme Courts. 1t will be well, for Ia
storical use, in making up the record ex
case of this magnitude, to obtain in
lie decision of such tribunal against "
leir antagonists; but as a plan of M N,
tactical relief, it is utterly worthless.
is like the act of the drowning man op
no grasps at a straw. In his des- &c
Grafton, he may clutch it, but it will 70
vail him nothing. The Court, as now 10
rganized, stands five to four; and one tn
the i've, owing TO extreme old age, ze
I'd physical in6rmity, tits apprehend- pa
WIN NV OS tDlc 10 resume MS |
at on the bench. But if the case 81,
ere made up, and taken to the Court. BIO
is probable that it would be twelve sta
onth before a decision could be had pa
the law will have been put "A
to complete operation, and some of ba
main provisions ineradicably incor- ag
rated into the political systems Of gr'
, oppressed States. rec
But suppose the decision to be tw,
linst the law, as probably it would
where would be the power or the Y
| to execute it2 Like thunder in
hands Of a painted Jupiter, it
uld be an object of derision and 70 ri
ltempt 1t is idle to tell us that wit
'sident johnson would execute it, use
be needs no decision Of this sort to fou
vince his mind that the measure il Slin