The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-09-03
RESPONSIBILITY OF TIE EXECUTIVE.

RESPONSIBILITY OF TIE EXECUTIVE
It is not without difdence that the importance
OF the occasion ovoSes further and final remark
touching tue legal responsibility herein OF the
Whatever becomes law, contomplates for itsolf
that 1t shall be executed. II IN thus with the
and the military laws; and ii is thus with the re-
eonstruotion lawa, which the present executive
feels bound to carry into effect in their true intent
and meaning. ascortained upoii those principles OF
Interpretation which are themselves tacit but
substantive part OF all Htatutos whatsoever. But
all the laws OF any country must be presumed to
be in harmony with each other, and, therefore,
should they, appear to conflict with each other,
the reconciliation OF them is judicial work, IT,
under the conditions Of the case tho discrepancy
is capable Of Judicial action. II not. still, the
tndsb VINO muBr execute, must uIsu, TO tna1 extent,
interpret the lava. II tie Constitution be one Of
the laws in question: the principle is, of course.
the same ea os saTSasGE aPR
For the purpose Of this execution Of tho lava,
however, there must be an executive power. Thr
power must be vested or ese tho country has NJ
Constitution. 1t may be vested, as tho judicial
power under our Government il, in several per-
soma or departments; ur as i'll SOME rollntlies, in
a largo assembly; or il may be vested in single
indiy itlual. Wherever it il vested, there il tho
corresponding responsibility. II the courts Of
justice arc to be projected from degradation, it
can only DO through tho executive power OF tho
State. It cannot ho BY tho law aking power, be-
cause its laws Intellectual without erec,l-
tion, and that IL impossible, against resist
ance, without physical force. This, then, is
case for Executive intervention, which, considering
tho trenscendaut value Of all independent judici
nry 10 Of the utmost sanctlty OF obligation, unless IL
shalt appear that the Independence or the judiciary
ia not attacked, but only that the execution Of q
LAW by nm executive agent, involves conflict with
the protenBions Of the judiciary. The latter would
seem to be the WOW Of the officer charged with the
and he is ON executive officer But jurisdiction il
judicial question, and ono which tho judiciary
has, in this instance, decided, and decided against
- l.,a.
the case would resolve itself into case Of 4
collision between the Executive and tho Judicial
departments Of common government That de-
fines revolutionary relation between them.
think not. II the Executive power OF the United
States resists tho irdcial power OF tho United
Constitution of tho United States provides
"The Executive power shsl ba vested in a
President of the United States OF America" Art.
H., sec. /. H., p,,.,, ,,ou-. :. a.
namo OF tho President Of tho United States, be-
cause tho mandates OF the court call him to action,
as they dn all, to submission, snd he must execute
them as laws OF the highest sanctity by the whole
power Of tho nation il necessary.
LIS your EIcellcnoy in state OF collision with
the national Judiciary If not, since the whole
ganic law, and can be dlyested by nothing but a
change Of that organic law during your incrm-
bency, it must follow that tho collision Of author
ity" which is the subject hereof is tho nero mis-
domoanor Of contumacious md unfaithful eIecu-
tive agent who having offended against the lawful
power OF the judiciary, has rendered himself linblo
to prosecution according to law But tho great
responsibility which appears TO me to arise on
such an occasion, where the physical power OF
tho offender is great is this: that for tho
sole Executive to suffer the Judiciary 70 be
oyerthrown IN any case would be potentially to
overthrow 1t himself and, therefore, I am solemn
~ impressed with tho bsliet that unless the Pres
ident promptly represses the contumscy thus dis
closed to him, ho will bo exposed to tho Just impu-
tation Of culpable insenshtity to tho coordinate
dignity and paramount sanctity Of the national
department OF iuatice. Contempt Of law indulged,
speedily gasps at tho heartstrings Of public order.
30 teaches history. b
Very respectfully, Jour obedient servant,
JOHN NJ. BINCKLEY,
Acting Attorney General.
To AHDaEw JOHNSON, President OF the United
States.