Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-01-10

are corrupt in principle and enemies Of
free institutions, for it can only become to
our political and social system q safe con-
ductor of healthy popular sentiment when
kept free from demOrahzlDg Influences
| Controlled, through fraud and usurpatlon,
| by the designing, anarchy and despot1sm
must inevitably follow. In the hands Of
the patriotic and worthy, our Government
will be preserved upo1i the principles of
the Consultation inherited from ourfathers
It follows, therefore. that III admitting to
the ballot-box a new class Of voters not
qualified for the exercise Of the elective
franchise we weaken our system OF gov
eminent, instead Of adding to its strength
and durability.
In returning this bill to the Senate, /
| deeply regret that there should be any con-
| hict Of opinion between the Legislative and
Executive Departments of the Government
in regard to measures that vitality affect the
prosperity and peace Of the country. Sin
cerely desiring to reconcile the States with
one another, and the whole people to the
| Government of the United States, it has
| been my earnest wish to cooperate with
Congress III all measures having for their
object Il proper and complete adjustment OF
! the questions resulting from our late civil
war Harmony between the coordinate
branches Of the Government, always ne
cessary fer the public welfare, was never
more demanded than at the present time
and it will therefore be my constant aim to
/ promote, rs far as possible, concert Of ac-
ton between them. The differences OF
opinion that have already occurred have
rendered me only the more cautions, lest
the Executive should encroach upon any
OF the preTOgatlves of Congress- or. by eX-
ceedlng, in any manner, the constitutional
tTlf Z
which should exist between the several CO.
ordinate Departments, and which is so es-
sential to the harmious working Of tie Gov
eminent. I know it has been urged thai
the Executive Departments more likely t.
enlarge the sphere Of its action than either
Of the other two branches OF the Govern
ment, and especially in the exercise OF the
veto power conferred upon it by the Con-
stitutiOn. It should be remembered, how
ever, that this power is wholly negative and
conservative Ill It's character, and Was i'll
tended to operate as check upon uncon-
stltutlOnal hasty, and improvidcnt legisa-
ton, and as Il means OF protection against
investors Of the just powers Of the Execu-
tive anG Judicial Departments. It is re
marked by Chancellor Kent that ''to en-
act laws is transcendent power and, il
the body that possesses it be q full ana
equal representation OF the people there Is
danger OF It's pressing with destructive
weight upon all the other parts Of the ma
chlnery of government. 1t has, therefore,
been thought necessary. by the most skill
ful and most experienced artists in Tx
science Of civil pOlity that strong barriers
should be erected for the protection and
security Of the other necessary power,
of ihe Government. Nothing has beer
deemed more ft and exrcdient fo
the purpose than the provision that
the head CT the Executive Department
! should be so constituted as 10 secure a II
| quisitc share Of independence, and tlIat II,
should have a negative upon the passing o.
laws and that Judiciary power, resting on
a still more permanent basis, should have
the right Of determining upon the validity
OF laws by the standard Of the Con8titr-
| ton. "
The necessity Of some such check in the
hands OF the Executive is shown by refer
ence to the most eminent writer's upon our
system Of government, who seem to CON
cur in the opinion that encroachments are
most to be apprehen3ed from the depart
ment i'll which al legislative powers are
vested by the Constitution. III MADISON
IN referring 70 The difficulty Of providing
some practical security for each against til,
| invasion Of the others, remarks that . tn,
Legislative Department. is everywhere ex
tended the sphere Of It's activity, and draw
inG all power into its impetuous vortex -
The founders Of our republics \ : y seem
never to have recoliectcd The danger from
legislative usuIputiOns, which, by assem-
bling all power il the same hands, mus,
lead to the same tyranny as is threatened
| by Executive USuTpatiOns." ''Iu repro
sentative Republic, where Tie Executive
magistracy IS carefully limited, both in the