New-York tribune., 1867-10-01
THE POWER AND DUTY OF THE PRESIDENT

The following letter from ex-Gov. Boutwell,
is published in The Boston Adcertiser;
The criticism Of your correspondent G. H. Co. In The
Advertiser Of this morning upon the remarks made by noe
in July last on the veto message Of the President would
the United States were sustained by the text
Of your correspondent that it is the Constitg-
,oaai duty Of the President @ 70 execute exc the o
This is the fundamental error Of the article on Inc
illusions reached by the writer The Constitution says
1.-THE executive power shall be vested In President 0f
the United States OF Anerica;' but the limits OF tha
power TO be found in the Constitution what the
Constitution authorized the President To do that he can
do; where the Constitution is silent ne rs po%eress re
is but magistrate though the Chle Magistrate among
many, in the Government of the country They al delSe
their authority, either directly indirectly. from the
Constitution and the laws and exercise OF power not
derived, whether exercised by the President by q
postmaster by tldo-water, Is "A usurpaion aud
crime. The President In his oath swears 10 yGMJHg
eJecue he Otfee Of President Of the thoed STATES ana
shah take care nat he Iqos be faithfully eneeaod."
We herein the extent and limits OF his duties and
take care that the be faithfully executed but by
the Constitution he is not authorized TO execute single
been conferred by statute Under his oath, IN executing
Office of President he is 10 take that the laws be
manner pointed ont by law and IL Is clearly within the
province Of Congress 10 assign particular officers OF the
Government the performance OF specific duties, unless
the Constitution has otherwise directed.
BY the Constitution the President is Commanderin
obedience 20 the constitutional authority Of Congress Ia
make rules for the government of the land and naval
the judgment OF Congress dictate and the President
must obey them and be guided by them From the
foundation OF the Government the execution OF laws mas
been cOnded TO other officers than the President and he
performs all his duty and exercises all his constitutional
power when he takes that the officers designated 10y
the law are competent and faithful.
Civil officers he may suspend for crime or misconduct
Office and officers OF the army ana the navy lie may
Suspend and then subject them ~ trial by courts martial
In this way he takes that the laws be faithfully exc
cuted and therein faithfully executes the ohcc o Pres
dent"
Nor can the President disObey law upon the ground
Uh.na llll a. fad
the President for his approval every bill must be sub
mItted TO him. he then exercises under the CONSTITUTIONS
and for the last tme his constitutional prerogaye OF
Judging whether the proposed law is constitutional not
II he believes 1t TO be unconstitutional he returns II TO
Congress with his objections thereto and that
his power subject is exhausted He must wait
for and obey the decision OF Congress.
II Congress notwithstanding the Presidents objections
believing the bill TO DO constitutional shall pass the same
by two thirds majority OF each House, 1t u no longer
competent for the President 10 consider whether the law
s constitutional or not II is his duty TO obey. In the
passage OF bill by twotnirds maority over Pres-
dental Veto the Executive power is constitutiOnaly
annhiated upon that subject and the President has no
longer constitutional right, for any reason, to inerpose
an obstacle 10 the administration OF the law.
II the President correspondent seems 10 main
TAM may for any set aside statute, or any prov
sOn OF statute duly passed according to the Constu
On whether by the Presidents approval over an Ex
ment Of laws. but 1t becomes government of single
man.
drawn into newspaper controversy. L have been
accustomed 10 state my opinions with great frankness
but do not waste my moments OF leisure add 10 my
hours OF labor in vain attempts to satisfy others mat
in all respects correct. 1 write for different
The article Of your correspondent seems 10 me
be calculated give aid and comfort 10 the President
while he is engaged, the country believes IN doing
what July last In the speech complained or predicted
he would dodisrcgard and defy the will OF the nation as
expressed In the laws OF Congress ,o,.ru.,.,
Boston, Sept. 2s. 1867