Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1867-12-06
are distinguished above all others in the

are distinguished above all others 10 the.
world. - S
How far the duty of the President TO
preserve, protect, and defend the Constltu-
ton requires him to go inopposing an un-
constitutional act of Congress is very
serious and important question, on Wnicn
have deliberated much, and felt extreme
ly anxious to reach a proper CONCLUSION.
Where an act has been passed according
to the forms of the Constitution by the
supreme legislative authority of theRcoun-
try, executive resistance to it, especially IN
times Of high party excitement, would be
likely to produce a violent colllslon De-
tween the respective adherents Of the two
branches of the Government. This would
be simply civil war, and civil war must be
resorted to only as the last remedy, for the
worst of evils. 1 Whatever might tend to,
provoke it should be most carefully avoid
ed. A faithful and CONSCIENTIOUS magis.
trate will .concede very much to honest
error, and something even to perverse
malice,g before he will iendanger the public
peace :; and he will not adopt ,forcible
measures or such as might lead to force, so
long as chances which are peaceable re-
main open to him or to his constituents.
1t, is true that cases may occur in which
the Executive would be compelled to stand
on his rights and maintain them regardless
of consequences If Congress should pass
an act which, is. not only in palpable con-
fiict with the Constitution, but, will Ger
atainly,if carried out, produce Immediate,
and frreparable injury to the organic struc'
ture of the, Government, and, if there, be
neither judicial remedy in the wrongs it
inf1icts, nor power in the people to protect
themselves without the official aid of their
elected defender; if, for instance, the legis-
lative department should pass an act, even
through all the forms of law, to abolish a
co ordinate department of the q Govern
ment, in such q case the President must
take the high responsibility of his Office,
and save the life of the nation at all hazs
ards. so oslg hluode h 81 OBJ 6. g.jTohs
J The so-called reconstruction acts, though
as plainly unconstitutional as any that can
be imagined, were not believed to be with.
P in the class last mentioned. The people
were not wholly disarmed of the power Of
self defence. mall the Northern States,
they still held in their hands the sacred
right of the. ballot, and it was safe to be-
lieve that, Undue time, they, would come to
the, rescue of their own institutions. 1t
gives me pleasure to add that the appeal to
our common constituents was not taken Ia
vain, and that my confidence in their wis;
dom and virtue seems not to have been
misplaced. ''' tA4 % s''''' ''''7
FRAUDS ON THE MISUNDERSTANDING OF
L bng ai.ig9nhCoFFICE BILL adj d 911 2
-, 1t is well and publicly known that enor-
NOUS frauds have been perpetrated on the
Treasury, and that considerable fortunes
have been made at the public expense.
This species of corruption has increased,
| is increasing, and, if not diminished, will
soon bring us into total ruin and disgrace.
The public creditors and taxpayers are
alike interested in an honest adminstra-
ton of the finances, and neither class will
| long endure the large handed robberies of
the recent past For this discreditable
state OF things there are several causes :
| Some Of the taxes are so laid as to present
an irresistible temptation to evade; pay
ment., The great sums which officers may
obtain, by connivance at fraud, create a
| pressure which Is more than the virtue of
many can withstand = and there can be no
doubt that the'open disregard of Constitu,
tional obligations avowed, by, some of. the
| highest and most Influential men in the
country has greatly weakened the moral
sense of those who serve in subordinate
places The expenses of the United States,
| including the interest on the public debt,
| are more than six times as much as they
were seveneyears ago. To collect and dis
burse this vast amount requires careful
supervision, as well as systematic vigilance.
lyOur system, never perfected, was much
| disorganized by the tenure of office bill,
which has almost destroyed official &C
couitability. The President may be
thoroughly convinced that an officer is
ipo a; oIo I, FIJI To ho
Constitution; but, under the law which l
| have named, his utmost power is to com
plain to the Senate, and ask the privilege
of supplying his place with better man.
| Ii the Senate be regarded as personally or
politically hostile TO the President, it is
natural, and not altogether unreasonable,
| for that officer to expect that it will, take
his part as far as possible, restore him to
| his place, and give him triumph over his
executive superior officer. He has other
chances of impunity, arising from acct
dental defects of evidence, the mode OF
| Investigating, and the secrecy of the hear
ing. It is not wonderful that official
malfeasance should become bold in pro.
portion as, delinquents learn to think
| themselves safe. l am entirely persuaded
| that, under such rule, the President can
| not perform the great duty assigned to him
| of seeing the laws faithfully executed /;
and that 1t dlsables him most especially
| from enforcing that rigid accountability
which Is necessarl to the due execution of
the revenue laws. The Constitution in
vests the President with authority, to
decide whether removal shall be made in
any given case; the act of Congress de-
clares in substance that he shall only
accuse such as he supposes to, be un-
worthy of their trust. The Constitution
makes him the sole Judge in the premises,
!, but. the statute takes away his jurisdiction,
| transfers it to. the Senate, and leaves
| him nothing but the odious, and some
times impracticable, duty of becoming
aprosecutora q The rosecutionist to be con-
Quoted before tribunal whose members
are not, like him, responsible to the whole
people, but to separate constituent bodies,
and may hear his accusation with great
disfavor. The Senate is absolutely with
out any known standard OF decision appi-
cable to such case. It's judgment cannot
be anticipated; for it is not governed by
any rule. The law does not define what
shall be, deemed good cause for removal.
It is impossible even to conjecture what
may may not be so considered byit
Senate, The nature of the subject forbids
| clear proof If the charge be incapability,
what evidence will support it? Fidelity
to the Constitution may be understood or
misunderstood In q thousand different
ways; and by violent party men, in violent
party times, unfaithfulness to the Consti-
| tuition may even come tn be considered
meritorious. If an officer be accused Of
dishonesty how shall it be made out? VIII