Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-05-03

that race might be added, or they alone
might be exclusively vested with this fran
chise, conferred by act of Congress. -
Surely, it cannot be necessary on this ques-
ton of power to say that an act of Con-
eress directing any of these things in re-
ference to the States in question cannot be
utterly void and if void as to them, 1t
would be equally void in respect to the
State of Georgia, if she is a member OF the
Union.
If the court please, the great advantage
of our system Of government is that 1t dl-
vides into three great coordinate and indie
pendent depart ments the whole function OF
governing the country. and that it makes
them perfectly independent of each other
The object of their independence is that
they shall mutually check and control each
other, not by the exercise of violence of
any description in the performance Of any
thing that would amount to insult, but by
each duly performing its own part, and
making its function felt to the extent of its
constitutional power and Office. This is
the great bulwark contrived by the wisdom
of ancient times and carried into execution
practically by the firm hand of the father S
of this Republic, which constitutes in point
of fact, the only safeguard of private right
and public liberty. It is the only safeguard
that could be contrived. None other is eff
fectual none other would protect the rights
of minorities or the rights of individuals.
Like all human institutions this must be,
Of course imperfect. They have authority
to check each other, but will they, as mat
ter of course There is no Certainty that
they will. And if any one will reflect for
moment upon the action of these depart
ments, think it will be seen that nothing
,o1 1x-
to three departments than this, and it is SO
expressed by many writer's upon the sub
ject No one Of these departments can
trample down the Constitution and over
throw public liberty it requires the joint
action OF two. Scarcelya case can be i'm
agined in which the Joint action of two of
them would not utterly neutralize and
make void any attempt on the part Of the
third TO protect public liberty or private
right.
In this case, if Congress and the Presi-
dent were Of one accord, if he were half as
anxious and willing to have this recon
struction scheme which abolishes the States
carried into execution as Congress is, he
could of course, by the means to which l
have referred, if this tribunal should inter-
fere, set IT'S injunctions and its wrlts of
uaCl1tca7uus at defiance, and prevent their
this department. He could concur with
Congress and execute the acts. Now, under
our system, there is, as has been intimated
from the bench of this court upon former
occasion. q danger that one department
may OF itself alone, and by its own power,
llsurp all the powers Of government and
execute its viii, thus defeating the whole
scheme of this division of powers, without
the calamity occurring of President be-
ing found ready to acQuiesce i'll their man
date. They have but to pass Oh unlawful
act, and threaten the President with the
impeachment of one Of their bodies and
the condennatio of another if he does
noteXecute it, and, perhaps, nine men out of
zen in that Office would Immediately yield
t. their power, particularly as 1t is not his
special function to decide what is or what
Is not constitutional. Thus, in that given
case by the action Of one single depart
ment that, as it may be called, small mi
nority OF one out Of three-the Constitu-
lion may be set at naught and public lib
urty destroyed, unless there be some mode
OF invoking the aid of the third depart
mcnt--the Judiciary.
In this very case, perhaps the only Ease
worthy of no 20 i'll which there has been
an attempt to trample upon the Consttu-
tion since il was founded, we have pre-
ciseiy HAT oredicament of things, a Con-
gress alone, of its own authority, putting
It's heel through the fundamentally Of a
President threatened with impeachment,
upon ten States of this Union and crush
ing out their existence, without, as [ say,
the aid of the President Looking into
The Constitution, you find the remedy
Looking into the Constitution, you find it
there declared that it allows such course
= >:1.1
step in and can save the President from
being thus, contrary to his Judgment and
to his will, nado the instrument of this sin
gle, u5urping, domineerinG, lawless depart
ment. The great and striking case il which
any such thing as this might have been an
ticipatcd IS precisely the case where the
power OF great majority was called upon
to crush some minor force in the Republic
some State orStatesin feeble condition.
Those States, being forbidden by the Con-
Stitutiun to have any other allies or friends,
are allowed to come into the Supreme
Court of the United States, and before
the life is crushed out of them, through
the instrumentality Of the equity process,
which the court is entitled tC by its nature
and foundation, and by the law of the pa
rent country, which VIC have inherited, pro-
tect themselves to this extent, give to the
fence, III Case lie chooses to act virtuously,
according to the belief of his mind and
Judgment, according to his conscientious
views OF the right of the case; affording him
o complete protection against any action of
this congressional body against him through
its court OF impeachment, unless they
should adopt measures SO monstrous and
revolutionary that, as a matter of course,
they would III some manner be deprived of
the powers which they would claim for a
purpose 50 unjust.
Now, if your Honors please, it is from
these views of the subject that we contend,
that the State of Georgia properly comes
here for this remedy by which to perpetu-
ate her own existence as q State that if
she is entitled to this process by law, your
Honors have no function to perform but to
say so and to give it to her. If the Execu-
tive contends with it, if the fear of a
condemnation in the court for the
trial OF inneachments should be so
strong and SO great (which [ can
not suppose i'll the case of this eminent citi-
zen) that he would not dare to stand upon
the vindication which your Judgment af-
fords him, very well, SO be it. Your Hon
ors will have done your duty. You will
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