The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-09-16
The Republican Party and the COnsti-
tutiOn.

On the contrary, we regard it as the funda-
mental law of the land, as binding in its moral
and political force to-day as it ever was. We
hold obedience to its provisions as among the
highest duties of the citizen and the most
solemn obligations of the officer. And it is
precisely because we hold these views, that we
advocate and defend the Republican party and
desire its continued success, and that we sup
port the reconstruction policy of Congress- as
opposed to that of the President.
We regard the Republican party as the
great constitutional party of the country, and
Its permanent success as the only safe guar
antee of the faithful execution of that great
organic law of the nation. Especially in this
contest with the President do we regard the
Republican party as holding the high vantage
ground of a constitutional position. For this
whole question, so far as Mr.. Johnson is con-
Cerned, may be narrowed down to very
small limits. Both he and the Republican
party unite in regarding the overthrow oflaw-
full State Governments in the late Rebel States
at the close of the war, and as a consequence
of 1t, to have been a fact accomplished. There
is no disputing that point. Mr.. Johnson's
first message, laying down the outlines of his
plan Of reconstruction, expressly recog-
nizes the fact that there were no
lawful governments in the late Rebel States.
Indeed, the very fact of attempting recon-
struotion at all, goes upon the assumption that
lawful government had been overthrown.
Now, granting this postulate, Mr.. Johnson's
case becomes at once hopeless one. He has
of &ho -
in his whole subsequent course. On the con-
trary, his every act has been in the most open
and fragrant violation of both the spirit and
the letter of the Constitutions; and notwith-
standing his multiplied and hypocritical ap-
peals to the Constitution, and asseverations of
devotion to it, he stands before the country as
utterly regardless of its obligations and defiant
OF its restraints. 1t is not necessary to use
many words to place this in so plain light
that it cannot fail to command the conviction
of intelligent minds.
In the first place, under our form of gov
ernment, the very fact that the President has
recognized and avowed "policy," which he
Is endeavoring to force upon the country, is,
in and of itself, violation of the spirit of the
Constitution. The President is a mere execu-
tiVe' 1t is true ne epalssy passy recommend to Congress
suon measures~Ss he may deem necessary and
expedle9t;S"and he may interpose qualified
sSec6 against acts of legislation; but that is all.
Having done these acts, his functions as affect
ing legislation are exhausted. Beyond this he
has nothing to do, but simply to erecute the
laws passed by the law-making power in the
MI II AI-a4A A.. j..
have "policy," which he is trying to carry
out, which he uses the power and the patron
age of the Government to build up, which he
attempts by every device known to the Chi
canery of politics to render dominant over
that adopted by the representatives of
the people, is one utterly destructive
of our system of government, and involves as
fragrant breach of the spirit of the Constitu-
tiOn, as an attempt to disperse Congress by
force of arms would be of its letter. To allow
the President to do this would be to let him
practically usurp the legislative functions of
the Government. For the power and patron
age of the President have increased so enor-
mously with the growth of our country, that,
If it were once conceded that he might originate
and prosecute policies of legislative action,
even though he were to cOnfine himself as
Mr.. Johnson has not done, to procuring their
embodiment in laws regularly passed, the in
dependence of the legislative body would be
fatally compromised. The President would
thus practically make the laws as well as exc
cute them. The requirement of the Constitu-
tion is that the 'policy" of the Government
shall be determined by Congress and executed
by the President But Mr.. Johnson has not |
only had ''pOlicy' purely his own, as op-
posed to that of the representatives of the
people, but he has also attempted to give that
Poncy Iorce and effect, as la,O, outside of, and
independent OF, the legislative department of
the Government. This is ,tS,,rn,i;on E,or,,
act done by Mr.. Johnson in the late Rebsl
States for which he did not have the aytbor;t,
oflG,O, was an act of usurpation, His Who'll
attempt to create State Governments oon,o,
under this category Where is the la,O which
authorized him to create the Office of d..
visional Governor, and then, having oreatad !,
to appoint men to fill it without the adv;oa
and consent of the Senate Where is the loo
which authorized him to issue proclamations
fixing the qualifications of voters, calling
conventions, and arranging all the para
phernalia of State Governments Mr.. john
son did all these things, and he did
them without the authority of law They were
oota % Joo,eIofjon daaiOnad IN stand 40 mamma