Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1867-12-13

the late elections. He says:
Another reason for rstracinp on
steps VIII doubtless be seen by ConEEes.
in the late manifestations of public
opinion on tins subject We live in I
1 country where the popular will alWavi
enforees obedience to itself sooner ol
later. 1t is Vsin to think Of opposing Il
with anything short Of legal authority
, backed by an overwhelming force.
It cannot have escaped your attention
that, frOua the day on which Congress
Z fairly and formally presented the prop
osition to govern the Southern States
by military force with q view to the
ultimate establishment Of negro SUI
premacy, every expression or public
sentiment has been more or less adverse
toit
The affection Of this generation can
not be detached from the institutions Oi
their ancestors. Their determination
to preserve this Inheritance Of free gov
eminent in Ghelr own hands, and trans
NIT It undivided and unimpaired "a
rlsir own posteTitTs is too strong to bs
successfully opposed. EFsrV weaker
I passion VIII disappear before the love
Of liberty and bEIT. for which the Amer
lean people are distinguished above al
I others in the world
Following hse observations con-
Esaizaina- ha the Presideui
makes the fals reflections in ree
/ erenee to ExeeuaE2 lzs ot -CoTcl4ts
measuresH:
How far the duty Of the President, to
/ preserve, protect and defend the Con-
/ stitution, requires him to go in oppos-
/ ing an uue0nRfitl1tfouaI act of CyOnQress.
/ is a very serious and important ques-
! ton, on which Ihave delibarated much,
/ and felt extremely anxious TO reach a
| proper conclusion.
When an act has been passed, accord
| ing to the forms of the Constitution, by
/ the supreme legislative authority Of the
/ country, Executive resistance to it,
especially in times of high party excite
ment, would be likely to produce a ViO-
/ lent collision between the respective
adherents OF the two branches of the
Government. This would be simple
civil war, and civil war must be resort
ed to only as q last remedy for the worst
evils. Whatever might tend to provoke
it should be most carefully avoided.
A faithful and conscientious magis-
trate viii coucsde very much to honest
error, and something even to perv5rss
malice, before he viii endanger the
fOrcible measures, or such as might lead
to force, as long as chances which are
peaceable remain open to him or to his
constituents.
It is true thas cases may occur in
which the Exscu tive would be compel
them, regardless Of consequences.
IF Congress should pass an act which
is not only In palpable conflict with the
Constitution, bat with certainty, if
carried out, to produce immediate ire
parable injury to the organic structure
OF governments, and if tnere be neither
judicial remedy for the wrongs it in
dicts nor power in the people to protect
themselves without the official aid of
their elected defenders; if, for instance,
the legislative department should pass
an act which, even though observing
all the forms OF law, TO abolish a CO.
ordinate department of the Govern
ment-in such q case the President
must take the high responsibilities of
his Office and save the life of the nation
at all hazards.
The sO-called Reconstruction Acts,
though as plainly unconstitutional as
any that can he imagined, were not
believed TO be within the class last
mentioned. The people were not wholly
dIsarmed Of the power of self-defeuses
In all the Northern States they still held
in their hands the sacred right Of the
ballot, and it WIS safe to believe that in
due time they would come to the rescue
of their own inE54t tutions.
1t gives me pleasure to add that the
appeal to our common constituents was
NOT taken in VstE1L, btraah- El1y-aez1f-
dence IN their wisdom and virtue -saerns
FRAUDS ON THE GOVERNMENT.
It is well and publicly known that
enormous frauds have been perpetrated
on the Treasury, and that colossal for
tunes have been made at public ex-
pense. This species Of corruption has
increased, is increasing, and if not di-
minished, viii soon bring US into total
ruin and disgrace. Public creditors
and taxpayers are alike interested in
L. -s-Es-~a 3
nsnces, and neither class viii long en-
dure the large-handed rObberies Of the
recent past.
For this disereditabIe state of things
there are several causes. Some of the
taxes are so laid as to present an ire
aistible temptation to evade payment.
The great sums which officers may win
by cOnnivanee at fraud, create q pres
sure which is more than the virtue OF
many can Withstand; and there can be
no doubt that the open disregard of
constitutional obligations avoWed by
some of the highest and most influential
men in the country, has greatly weak
ened the moral sense of those who serve
in a subordinate place.
No reference is here made to the
enormous Executive transfers, without
legal investigation, of confscated prop
erty back to rebel owners.
The President then states his objec-
tions to the Tenure-of-Ohice law. The
following is the substance of what he
has to say on this subject:
The expenses of the United States, /
including the interest on the public /
debt, are more than SIX times as much |
as they were seven years ago. To col I
leet and discharge this vast amount re-
quires careful supervision and system |
attic vigilance. The system, never per-
fected, was much disOrganized by the /
Tenure-of-Once law, which has almost |
destroyed official accountability.
The President may be thoroughly /
convinced that an officer is incapable, |
dishonest, or unfaithful to the COnsti- |
tuition. but under the law which I have
named, the utmost he can do is to COM
plain to the Senate, and ask the privi- |
lege of supplying his place with a bet !
ter man. If the Senate be regarded as |
personally or practically hostile to the |
President, it is natural, and not alto |
gether unreasonable, for an officer to /
expect that it viii take his part as far l
as possible, restore him to his place |
and give him triumph over his exec |
utive superior.
The oficer has other chances of i'm !
punity arising from accidental defects /
Of evidence, the mode of investigating |
it, and the secresy Of hearing it. It is /
not wonderful that official malfeasance
SnOulu DGGCn5 BOt0 ID HEOBOLblOn dE 3
delinqUeuts learn to think themselves
safe.
am entirely persuaded that, under !
such a rule, the President cannot per
form the great duty assigned to him of
seeing the laws faithfully executed, and
that it disables him most especially I
from enforcing that rigid accountability !
which is necessary to a due execution |
of the revenue laws.
Unrestricted power of removal from
Office is a very great one to be trusted |
even to a magistrate chosen by the gen
eraI suffrage of the whole people, and
accountable directly to them for his
acts. It is undoubtedly liable to abuse, |
and at some periods of our history,
perhaps, has been abused.
If it be thought desirable and constitu-
tionaI that it should be so limited as to
make the President merely a common
iuformeT against other public agents,
he should at least be permitted to act in
that CAPACITY before some open tribunal /