The New York herald., 1867-07-20
NEW YORK HERALD. SATURDAY, JULY 70, 1857.
The Presidenr. ve,o-Exeo..lve Power.

The Presidsni's veto-Executive Power.
Another veto has been added to the number
and the Reconstruction bill has passed both
houses over the Presidents head. This veto
contains the usual dourishes about the sintol
erable" condition to which Congress would
reduce twelve million persons; 1t declares thai
the sentiments of the veto Of the first bill
apply also to the present bill, and are "sound
and unanswerable," Notwithstanding the way
In which Mr.. Sanbery turned them inside out;
1t discusses whether the States are States or
not, and, finally. 1t expresses the fears of the
President that bis being left out of this last
bill will "sap the foundations OF federal
power" This is the espesial point Of the
message. "Withina period Of less than year
the legislation Of Congress has attempted to
strip tho Executive Department Of the govern.
ment Of some Of is essential powers" and this
tendency eliminates In the present bill, which
does not even contemplate his existence and
provides for its enforcement independently Of
his Office. Touching this giving executive
power into other hands the President says:-
"While hold the chief executive authority
Of the United States, while the obligation rests
upon me to see that all tho laws are faithfully
executed, can never willingly surrender that
I can never give my assent to be made respon-
sible for tho faithful execution Of laws and at
the same time surrender that trust and the
powers which accompany It TO any other execu-
| tive officer, high or low, or to any number Of
executive officers"
People will hardly know how to take these
phrases. II is not strange If the country has no
respect for the Presidents vetoes. 1t is only
conviction of sincerity that commands re-
spect for opinions not in accordance with
general sentiment and II is difficult to know
if the President is sincere. Not long ago, in
veto message, the President expressed argu-
mcnts against bill in the most uncompro-
mis,ngly positive terms. The bin was then on
its passage. and such opposition, If Congress
had been wavering, might have defeated it.
But the bill was passed, and hardly was this
done before the Presidents former views re-
ceived fiat contradiction by his own authority.
Since then people are naturally in doubt
opinions of the man or whether they are only
assumed for effect, and are TO be put away and
contrary ones taken up, as occasion may re-
quire. We know not whether these opinions
are to receive official contradiction by and by;
but If they are Mr.. Johnson's real views, we
can give him comfortable assurance that he
has taken an exaggerated view of our trouble
l.~r - - g. ch n hnE Co
The question of executive power is not
beyond ordinary comprehension. If we rea-
son our constitutional theories down to an
ultimate analysis we find them all resting on a
primary declaration of the sovereignty of the
people. The people are the nation, and the
body of men chosen by the nation to represent
ii is the depositary Of It's will and it's power in
any last appeal All the rest is machinery
necessary and proper for its purpose, but
always subject, and always to give way If
public safety require. Declarations that these
are three coordinate branches of the govern.
ment-legislative. executive and judicial
are not strictly true for what are these
latter branches but the necessary ad-
juncts of the former-the mere means of
giving effect to its will. Congress makes
laws, and the Executive is merely to
enforce its will, while the duty of the
Judiciary is, in case of doubt, to define and
determine disputed points There is no CO.
ordinate power here But the question is, can
Congress, can the nation, dispense with this
authorised executive, this constituted right
arm, Can it give effect to the popular will
by any other channel than that provided
in the organic law. We are living in
times that are loosely knit, If not
out Of joint with respect to the rigid applica-
ton of constitutional rules. Our constitution
was shaken in every line by the great rebellion
of the Southern people and the great war they
made to free themselves from the obligations
of that law and 1t has not yet recovered from
the blows they gave. All this reconstructve
legislation is admittedly extra consttutional;
for the constitution made no provisions for
case that could not occur till its obligation was
lost But who will maintain that the people
should let the nation perish because the con-
s,itution did not prescribe a way TO save it?
The people acted on the facts, and not on
legal points, in saving the nation, and they are
quite satisfied that Congress should now act on
the facts, and, as it has been compelled to
make extra constitutional laws, shall arrange
an extra constitutional enforcement Of those
laws.
There is no departure from the principles Of
the government upon which freedom depends.
There is departure from the letter Of the law
and departure from usage; but we have not
lived enough on our law and our usages the
past four years 10 make this q cause Of alarm,
and We may regard these departures as rather
inconvenient than dangerous. 1t will in the
future be the deepest reproach to Mr.. johnson
that he made this course necessary-that he
compelled Congress to familiarize the nation