The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-09-17

designed to control the south, and extend
their own lease of power and patronage, at
the sacrifice ofpatriotism, Justice and every
right principle. Observing all this, they are
naturally eager for his removal, and nov
clamor tor impeachment with louder voice
and greater zsM than formerly.
They point to the setting aside Of Stanton,
Sheridan and Sickles; to the lately-issued
amnesty proclamation to the proclamation
warning all civil and military officials to re-
gard the constitution and obey the mandates
OF the supreme court to the order served on
all the subordinates of the government tell
ing them to take cognizance of these proela-
mations-and urge that all these acts and
steps are but q part of q deliberate plan OF
the President to set congress at defiance and
place himself in hostility TO the reconstruc-
ton laws, on the theory that they are uncon-
stitutional and void. They ask, what will be
the result if we do not in time check all this,
and place johnson where he can no longer
obstruct us or violate the laws we have pass
ed over all his vetoesY
Taking it for granted that the radical lead
ers are in earnest and that all their loud
threats are not mere idle boastings, it be-
comes of interest to know how the President
will act In the event of his attempted i'm
parchment ss ts-8
am reliably informed that he will regard
the action of congress as revolutionary. The
radicals having abandoned the idea of trying
him for high crimes and misdemeanors, and
justifying his impeachment merely on the
ground that he is, in the language of Butler,
an impeachment to reconstruction, he viii
not recognize their proceedings as legal or
constitutional, and will pay no respect to
their resolves and determinations
Should articles of impeachment be pre-
scented and resolution passed suspending
Mr.. johnson and prohibiting him from exer-
cising the functions of President, should
Wade be chosen to act as president ad in
te,in, and, armed with this color of right
and law, command johnson to vacate the
white house and turn over to him all the
property, papers, &C., pertaining to the exc
cutive office, have reason to believe that
Mr.. johnson will decline, and defy congress
to do its worst. The Presidents view OF the
| matter is this: Each of the three great
branches of the government is for itself the
Judge of the constitutionality of a law
Congress, in the first place, is judge. It
passes a law according to constitutional
forms by requisite majority over the
Presidents veto. According to the constr
| tuition, it can only legislate on certain sub
jeets. Well, the law is passed and it comes
| to the President for execution. He is faith
| fully sworn to execute his Office and ''to pre-
serve, protect and defend the constitution of
| the United States Who is TO determine
| for him whether the law passed by congress
| does not conflict with the constitution he is
sworn to defend? If he considers it clearly
i in violation of the constitution, is he not I'M
der the most solemn obligation to refuse to
| enforce it ? 1t is contended by some that the
more usual mode is for the president to as.
sumo a law constitutional until otherwise
declared by the supreme court. This the
president considers only applies to doubtful
cases; but where the conflict with the con
stitution is clear and undoubted the presi
dent considers it his duty to decline its en-
forcement altogether. Applying this to i'm
parchment, the following is the result: Con
| gress passes articles of impeachment. sus
ponds the president and orders his arrest
| The alleged offense is that he refuses to en-
force the laws which he honestly believes te
be in antagonism with the constitution.
He takes one view of the law, congress
another. He holds that he can only be 70
moved on conviction of treason, bribery an6
other high crimes and misdemeanors." He
holds that mere difference of opinion as te
the constitutionality of law between him
self and congress is neither treason, bribery
or other high crime or misdemeanor. He
holds, therefore, that he cannot be lmpeach
| ed, suspended or removed from office
Congress insists he can. Then, he con
siders, congress places itself in all attitude
of revolution. 1t thus violates the constitu
ton by attempting to usurp the executive
power, and must be put down. How viii
this be done? The president, acting for the
best interests Of the country and deeminf
the safety of the republic in danger, win is
sue proclamation proroguing congress
calling for an election of new members ant
invoking the aid of the people to sustain
him. This, | am assured, is the view the
President takes of the impeachment muddle
and the way he will act should the occasion
| arise.
Under the constitution the President ha
the power to prorogue congress in case of :
disagreement to adjourn. But in q grea
public emergency, where the life of the ma
ton is at stake, the President considers tn
exercise of extraordinary powers iustifable
Moreover, congress, by assuming unconsti
, tutional powers and attempting to destro
the executive, disqualifes itself, and is n
longer lawful congress, but body G
} usurpers and traitors. As such they hav
: no rights the executive is bound to respect
t and the executive will deal with them az
o cordingly. The Presidents theory is tina
, they first inaugurate revolution by attempt
l ing an act subversiye of the government, an
t upon them will rest the responsibility of an
: strife or confusion that may follow.