The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-10-02


enacted. He can override absolutely the ac-
tion of Congress- provided he has the concur-
renee of one-thrd of its members but aSainsV
two-thirds he is utterly pOweress. Two
thirds can make law in spite OF hlm' anu III
regard TO all laws made in this way against his
will as well as all made in the usual way by
his assent he has the simple duty OF seeing
that they are faithfully executed. lie has
not the faintest shadow of authority or OF
right to embarrass their execution-still less
to resist and defeat it.
President Johnson seems inclined to regard
himself as the special protector and defender
of the Constitution, as against all other depart
ments of the Government and even against
the people themselves But this is much too
broad a view of his jurisdiction. His sphere of
duty is clearly defined in the fundamental
law. He is unquestionably right in withhold
ing his aid from the enactment of law which
he deems to be unconstitutional. He may
return it with his obiections-and. 4. there his
right and his duty end. If Congress chooses
to pass it over his head, it will become law
nevertheless; and he has not the shadow of
right to interfere with its execution. He is
not responsible for the laws which Congress
may enact against his objections; nor on the
other hand is Congress in the least degree
responsible to him. Its power to make laws
is far more absolute than his power to prevent
them from being made; but when made his
And this applies to all laws alike. The
Democrats are encouraging the President to
believe that he has the right to defeat and
protect his department of the Government
against Congress-to resist any attempt that
may be made to curtail its jurisdiction or
weaken its authority, even though those at
tempts should be made in due form of law.
This is great mistake, and if the President
should be weak enough to act upon it, the
Democrats would be the first to desert him.
He can do nothing to maintain the authority
of the Executive department which he cannot
do to maintain that of Congress or the Judi
ciary. All departments stand on the same
basis and exist by the same authority. And
Congress, as the w-making power, has the
same right to enlarge, regulate, or restrict the
powers of the Executive, within the limita-
tions of the Constitution, as it has to regulate
those Of the judicial department of the Govern
ment. And if in either case it transoends the
provisions of the Constitution, the remedy
must be sought in the same quarter-by
appeal to courts of law and to the people at
the ballot -box-not to force in any form.
We deprecate any attempt at impeachment.
! We do not believe it to be demanded by any
! acts of the President nor by any interest OF
/ the public. 1t would throw public affairs
! into fresh confusion, excite the public mind,
! exasperate political passion, damage the busi-
ness of the country, and do infinite harm in
! every direction without the slightest benefit in
any. Still more should we deplore any attempt
! to expel or remove the President from Office
! pending his trial on impeachment. Such a
step would in our judgment be one of vio-
lence without warrant in law or in precedent,
and certain to plunge the country into the
most deplorable and disastrous complications.
But if the President should attempt to meet
any such movement by force-by dispensing
Congress, arresting its members or disputing
its authority otherwise than through the
! operation of the courts of law, he would bring
! himself within the definition of treason, and
become liable to all it's pains and penalties
No department of the Government has any
right to look to civil war for it's own defense
nor can the public force ever be used to defea
or resist the law, but only for the purpose o
securing its execution. General Grant, al
head of the army, would have no right to obey
an order issued for any such object. And the
whole country, without distinction of party
would rise to suppress any such rebellion
against the law and the law making power, al
it did to suppress that which arose in 1861.
We do not suspect President Johnson of any
such wiclledness and folly. Those who i'm
pute to him such designs, or prompt him tC
entertain them, are his worst and most fata
enemies. He can avoid impeachment anC
suspension by avoiding acts which serve a.
provocations to them; but if he invites OF
incurs them, he cannot resist or avert the due
course of proceedings under the law. What
ever he may do by force in that direction viii
only excuse and justify the proceedings them
selves.