New-York tribune., 1867-04-27
PRICE FOUR CENTS.

acts of Congress- his duty "bowng his Judgment 10
Constitution TIE he last SaG:S GesSrt the dse,mnasoa 2,
a. 70 unon % @e o. ~ te onst
tio," withhold his orders and to proceed no further
an iniunction 10 restrain the court for the triat
for Impeachment, from condemning the Presi-
u aeH' true im Int there is "a higher injunction
than any this Court can issue, which does restrain the
president In such case The Judgment Of this Court,
that the performance Of these acts IN relation 10 hodmx
not Warranted by the Consttuton inraction OF
IT, and forbiddimg Gen Pope TO hold snch an eecuon
point Judgment as distinctly pronounced between the
majesty Of the American people and the AmerieaH 1om
Of law and proper decorum IN administration and and
necessity IN fact admit II would be essentially Idfbs b
fore the Court OF Impeachment for not having eafed
him except, issued order to my officer 10 obey
these acts; that officer was subject TO the urson Oh
nal TO hear and determine questions touching the validity
Of act Of Congress- the Supreme Court eoned that
way in which could them except by violence
upon coordinate tribunal, the Supreme Court be-
II my officer went on and refused to obey their d
rectons they would attack him; II forbade the mar
shal my subordinate, to execute that attachment ,hey
would attack HIM. and thus an unworthy contelnpibic
exhibition OF conflict rather OF evasion than
part o ,SS wGnd 1e csse With the st 20 decide
It finay, Decided these acts 20 be unconstitutional anu
sttuton as interpreted by It's chosen Interpreter.
and further execute these acts which Congress
Court should ITS the subordinate
officers Of the President unless he override ITS orders he
pe,chments It is equally true however, the body
which would be obliged 10 initiate and finally
that has, of it's legislative power,
ample means to do great many worse Thugs tAah uat
rot deny that might completely parayze the functions
of this Court and eventually deprive n oi any
capacity to administer justice; but it is no
argument when we come into this Court and
ask to exercise its powers WITHIN us eYlnate sphere
under the CONSTITUTIONS, say that violent, lawless,
revolutionary measures involving violation the part
OF uther departments might by possibility DC induced Dy
its proceedings, and therefore tat should refrain Io
perforniny it's duty Quite contrary. 1t is only for
the Court that 1t has duty to perform ana 10 per
has not vet been presented to the consideration OF
your hoors. Whether these acts arc OF description
maifestly within the prohibitions OF the Constitnnon
II the State OF Georgia Is not IN the UnOn there 0 course
is an eLd OF tins cast she s not mere as eonpgveSe @
laid before the Court, III dosument .presehted,
such co %tads sota S M proofs to q unon e By al Ss
Departments OF the Government, nay, ,0i her
avoided by the nterposton of the Court that apprc-
hcEd IL is question that cannot Tor an instant pc en-
attempted deny that Georgia r. state OF tho
Unop aud therefore holds the position which she claims
The constitntionaty Of these acts it will be seen
that, turning It's back entirely upon the
itbsoilts will undertakes to cIeate new class Of
elecJe all male ctzens 2 years o age and Oh
resident the state for ~ months III Georgia II not In
the UnOB the Constitution does not protect her.
York Ohio or even proud Massachusetts
and Il is Ia tue power of Congress by arbitrary
dciun to enact that there s, further elections
any those states for state OIlicefs tt the govern
ment them shall be regarded merely personal, and
that It's army Officers backed by its armies shall into
them, aud snail mold election, by means OF which
constitution and new State Governments may Do
established aud defined, according toits Will and pleasure
constituent body uay Oc said that the constituent
body here Is very hDeraly deIdied tnaL AZ 10 no.
subject the objection of uiflress or partay nay u
may considered that il is Impartial 80 far as the
incO the persJs is concerned But that Is not the
question. We aTe here dealing Win question Oi power
II Congress has power 10 preSerlDe Tue
electors State governmental officers, IL may prescribe
them IN any way peases ana IN THESE very acts II n u
dertaken eXcluOe whole class who may be very good
and very honest at TINS tne VINO may h.e oa
their sis, II sins they have committed ana 10
convicted by ANY jury, or III any manner, according 10
our known system OF laws, deprived OF any OK
surely cannot be Necessary on this question OF power
To say tnat act OF Congress directing any OF These
terly void and If void Ia thcIn 1t would Dc equay
void respect the state OF Georgia che is ainemDer
OF our system of Government is that " divides
into three great eoordidate and independent
departments function OF governing the country ana
that makes them perfectly independent OF each other
The object OF their Independence Is that they shall mu-
tllaly check and control each otner, not by the
exercise Of violence of any description OF lhe per
OF Of aa anything @ n wSIs S ovn Sa and
making It's function felt 10 the extent of It's constitutional
tnyed by the wisdom Of ancient tines, aud carried
into execution practically py the nrh naaa oi
, .ie is,h1' mn, u 'i' farr The only safesmrd
Of private rights and public liberty Its the only safe-
guard could be contributed none other Is efectua
none other protect rights OF minorties or the
rights Of individuals. Like all human Institutions
authority to check each other, but can they
as OF course There is no certainty that they
WILL aud any one will reflect FOR inomsnt upon tne
action OF these departments, think VIII be seen that
nothing was accomplished by this division INTO
three departments than this and it is SO expressed by
many writers upon the subject, no one OF these depart
mens can trampe down the Constitution ana oVertnrow
public liberty requires the joint action OF two scarcey
he imagined In which the )olnt actlon Oh TWO
of them would not utterly neutraze ana make veld any
attempt part OF the third to liberty or
private right In this IL Congress ana the fresueht
were OF one accord n ne were ha as Tg ann %
states, carried into execution as Congress rs ne could
tribunal should interfere its mctions and writs Of
nandaus at defiance aud prevent their execution Freely
eur with Congress and execute the acts Now under
system there is has been ntmated from the bench
one department may, Of itself alone, and by
its power usurp all the powers OF Goyernment and
execute WILL thus defeating the whole scheme o this
division of powers With the certainty occurring OF
President being found ready to aeqnesce In the man
date they but to unlawful act and threaten
the President with the impeaehmient Sf e,or one OK
he does execute it, and perhaps nine men out OF
ten In that office would Immediately yield TO their power,
What Is or what not constitutional Thus in that given
case, by the action OF one single department that:
and public liberty Be de- destroyed roy N. u5lsss an;rs
department, the Judiciary In this very case perhaps
the only worthy OF notice in which there has been
an attempt rampe upon the Constitution since II was
founded, have precisely that predcament OF Things
Congress alone Of It's oTn authority putting , ese
with impeachment, upon ten states OF THIS tmOn ana
crushing out their existence without as s say sae
tuton you find the remedy Looking INTO INTO nS tnS
course Of proceedings third department can step
in and the President from being thus contrary
Of this single asurp1s and S,sb aSess depart
chi gni0