Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-12-14

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Anaihsr reason ~ rsifp1ins op' ,irIs viii doubt.
H., H. seen ny Cuugfrs' M The late manifestations
II Inhllr upini0n upon this suirri. We i've IN
county whrie Iepar,, viii Hlsaysrniofre. obedience
10 ii.rl snOnof ~ alsr, II u vain 10 ihnk VI op'
psing II with Anything short uf legal authority, /
baked ~ uy srShelmng mTre.
II eau not ha,rtsHprd yur attention, that M m !
the day nn With Congress iaiTy aud lolnnl'y pre-
snl,d The proposition 10 govern The slulhsth States
by mill AIy furre With view to the ultimate esiab
lishmsnI ~ negro supremacy, every expression ~
the general sentiment has brrn more Or lees adverse
TO H. The affection Of this grnsIaion cahnoi lie de-
tAIehsl ffom The Institutions 81 their anr-stuta -
Their determination 10 preserve the inh-titHnoe OF
Tree goyeTnmrhi in their own hands, sud transmit u
undi, dsd aud unimIaiIed TO their own poslery, Is
too strong ~ be successfully opposed, livery weaker
passion viii disappear beiOts The love " bery aud
law, for which The Amsrieln people are distinguish
ed above all other, IN the world.
How far the duty the President preserve. protect
aud defend the constitution requires him To 80 IN
opposing an unconstitutional at OF Congress, Is
very serious and important question, on when
have drbcIsisd much, and felt extremely "nxons 70
reach proper conclusion, When an act has been
passed, according TO the forms Of the constitutions
by the supreme legislative authority Of the country,
Executive resistance TO H. especially In lines OF high
party excitement, would 10 likely TO produce coils
ion between the respective ndherents OF the two
branches Of Government, This would be simple CIV
u war, aud civil war must be resorted to only as
last remedy for the worst Of evils, Whatever might
tend 10 provoke u should be most careful avoided
faithful and conscientious magistrate Will eoneede
very much TO honest error, and something even TO
peryerse malice, before will endangor the public
peace and he will not adopt forcible measures, or
such rs might lead TO force, as long as chances,
which feasible, remain open to him OF his constt
uents. IL 10 trne that cases may occur In which The
Executive ould be compelled to stand his rights
and maintain them regardless " consequences ~
Congress should pass an act which 10 not only IN pal
pable conflict with the constitution, but viii certain
iy, II carried out, produce immediate and irrepara
BILE injury to thu organic structure Of the Govern
mcnt and II there be neither justice nor remedy for
tho wrrnss !, innle,s nor power 10 ,he peopss 10
rscted defenders IT, for instance, the Legislative
mt should pass M act even through all the
forms Of law abolish aeo'ordinato department CT
The c;oyernment, In sub case the President must
take The high responsibilities o. nis ONCE anu '"o
the life Of tho nation at all hazards.
Tho so called reconstruction acts, though as plain
iy unconstitutional any that can be imagined were
not believed to DO within the class las mentioned The
people were not wholly dsarmcd Of the power OF SELF
defence In all tho Northern States they still hold In
their hands the sacred right OF tho ballot and was
safe 10 believe that In due time they could come 10 the
rescue OF their own institutions
1t gives me pleasure to add that the appeal to our
common constituents not taken In vain and that
my confidence in their wisdom and virtue seems not 10
| have been misplaced.
II is we'll and publicly known that enormous frauds
have been pcrpctrated upon tho public Treasury, and
that colossal fortunes have boon made ut the public ex
peno. This species Of corruption has increased and
Is increasing and II not diminished will soon bring us
into total ruin and disgrace The public creditors and
taxpayers alike interested In an honest admins
trntlon Of the finances and neither class will long en-
dure the large handed robberies OF the recent past
For this discredabc state Of things there are several
caiscs Some of the taxes are laid as to present an
irresistible temptation to cvade the payment The
nud create press-. which Is more than the virtue
oil many vai w,:,is.,.. and there can ~
of constitutional obligations avowcd by some OF 'he
highest and most influential men in the country, has
greatly weakened the moral sense Of those who serve
| In subordinate places.
The expenses Of tho United States including thcin-
erest the public debt arc more than six times as
much they were seven years ago. To collect and dis
burse this vast amount requires careful supervision as
well as systematic vigilance The system never per-
fected was much dsorganized by the tenure OF Office
BILL which has almost destroyed official accountability
Tho President may DC thoroughly convinced that an Of
fccr is incapable dishonest or aithiul to the consul
tuition, but under the law which bavc named, MS Ut
ability is TO complain to the Senate and ask the
privilege Of supplying his place with better man. II
the Senate be regarded as personally or politically hos
tile to the President II is natural not altogether
reasonable for the officer to expect that it will take his
part far possible restore him to his place, and
give him triumph over his executive superior, The
officer has other chances of impunity, arising from the
accidental defects of the evidence the mode Of invest
eating it, and the sccresy of hearing II Is not won
derfu that official mafeasance should become bold in
proportion as the dclinqucnts learn to think them
selves SAFE
am entirely persuaded that, under such
rule, the President cannot perform the
grer duty assigned to him of seeing the
laws faithfully executed, and that it disa-
bles him most especially from enforcing
that rigid accountability which is necessa
ry to the due execution Of the revenue laws.
The constitution invests the President with
authority 10 decide whether q removal shall
be- made in any given case. The act of
Congress declares, in substance, that he
shall only accuse such as he supposes to be
unworthy of their trust. The constitution
makes him the sole judge in the premises.
but the statute takes away his jurisdiction,
transfers il to the Senate, and leaves him
nothing but the odious and sometimes i'm
practicable duty of becoming prosecutor.
The prosecution is TO be conducted for a
tribunal whose members are not, like him,
responsible to the whole people, but to sep
arate constituent bodies; and who may hear
his accusation with great disfavor. The
Senate is absolutely without aSy known
standard of decision applicable to such
case. Its judgment cannot be anticipated,
for it is not governed by any rule. The law
does not define what shall be deemed good
cause for removal. 1t lis impossible even to
conjecture what may or may not be so con-
sidered by the Senate. The nature of the
subject forbide clear proof. If the charge
be incapacity, what evidence will support
it? Fidelity to the constitution may be un-
derstood or misunderstood in a thousand
different ways, and by violent party men
in violent party times, unfaithfulness to
the constitution may even come to be con-
sidered meritorious. Ifan officer be accus-
ed of dishonesty, how shall itbe made out?
| Will. it be inferred from acts unconnected
With public duty, from pirate history, or
from general reputation, or must the Presi-
dent await the commission of an actual
misdemeanor in Office? Shall he in the
meantime risk the character and interest
of the nation in the hands of men to whom
he cannot give his confidence Must he
forbear his complaint until the mischief is
done, and cannot be prevented If his zeal
in the public service should compel him to
anticipate an overt act must he move at
the peril of being tried himself for the Of
fence of slandering his subordinate2 In
the present circumstances of the country,
some one must be held responsible for offic-
ial delinquency of every kind. 1t is ex-
tremely difficult to say where that respon-
sibility should be thrown if it be not left
where it has been placed by the constitu-
ton. But oil just men will admit that the
President ought to be entirely relieved from
such responsibility If he cannot meetit by
reason of restrictions placed by law upon
his actions. Unrestricted power of remov
al from Office is very great one to be trust
ed even to q magistrate chosen by gene
raj suffrage of the whole people, and ac-
countable directly TO them for his acts. Ii
is undoubtedly liable TO abuse, and at some
periods of our history, perhaps, has been
abused.
II il be thought desirable and constitu-