The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-12-04


ilselt sooner OF later ltis VAN TO think Of
opposing n with anything short Of legal
authority, backed BY Overwhelming force.
ltcannnt have escaped your attention that
fiotn the day on which Congress fairly and
formally presented tho proposition 70 govern
the southern States by military lorce. with a
suptamacy, every expression OF the general
sentiment has been more or leB adverse 10
~ Theaiiectohs Of this generation cannot
% detaehsd from the Institutions OF theirAn.
cestors. Their discrimination 10 preserve
the inheritance OF free government IN thelr
own hands. and transmit Il undiylded and
lnlmpafed " their own poetefity, u TOO
strong 10 10 successfully opposed. Every
weaker passion VIII disappear before the love
People are distinguished above ali othen In
the world. =
How far the duty OF the President,
ITO preserve, protect, and defend the
Constitution" requires him TO 20 in
opposing an Unconstitutional act OF
Congress, Is avery serious and lmpor.
tant question, on which have deliber.
ated much, and felt extremely anxious
TO reach q proper conclusion. Where
an act has been passed according 10
the forms Of the Constitution
by the supreme legislative authority,
and Is regularly enrolled among the
public statutes OF the country, Execu.
tive resistance TO II, especially In times
of high party excitement, would be
likely 10 produce violent collision be.
tween the respective adherents of the
two branches Of the Government.
This would be simply civil war; and
civil war must be resorted to otilyas
the last remedy for the worst OF evils.
Whatever might tend to provoke u
should be most carefully avoided. A
faithful and conscientious Magistrate
viii concede very much to honest error,
aud something even to perverse malice,
before he Will Nendanger the public
peace; and he will not adopt forcible
measures, or such rs might lead to.
ioLce, as long rs those which are peace.
able remain open TO him or TO his con.
stituents. tits true that cases may oc.
cur in which the Executive would be
compelled 70 stand on its rights, and
maintain them, regardless OF all con.
sequences. II Congress should
pass an act which Ii not
only In palpable conflict with
the Constitution, bnt will certain.
ly, II carried out, produce Immediate
and irreparable Injury todthe organic
structure Of the Government, and II
there be neither judicial remedy for
the wrongs 1t intilcta, nor power In the
people to protect themselves without
the official aid Of their elected defender;
II, for instance, the Legislative Depart
ment should pass au act even through
all the forms ot law to,abolish u cO.or.
dinate department OF the Government
lin such cAse the President must
take the high responsibilities OF his OF.
nee, and save the life OF the nation at
all hazards. The so.called reconStruc.
tion acts, though us plainly unconsti-
tntt0nnl as any shat can be imagined.
were not believed TO be within the class
last mentioned. The people were not
wholly disarmed of the power Of self
defence. In all the Northern States
they still held In their hands the
sacred right OF the ballot, and II was
safe to believe that In due time they
would come 10 the rescue Of their own
institutions. II gives me pleasure to
add that the appeal to our common con-
stituents WAS not taken In vain, and
that my confidence In their wisdom
and virtue seems not to have been mis-
plhced.
It Is well and publicly known that
enormous frards have been perpetra-
ted on the Treasury, and that colossal
fortunes have been made at the public
expense. This species OF corruption
has increased, ls increasing, aud ifnot
diminished will soon bring us into to.
tai ruin and disgrace. The public cred.
ltOrs and the taxpayers are alike in-
terested In, au honest administration
OF the finances, and neither class will
long endure the large.handed robber.
les OF the recent past. For this tliscred-
liable state OF things there are several
causes. Some OF the taxes are so laid
us to present an Irresistible temptation
to evade payment. The great sums
which officers may win by connivance
ut fraud create a, pressure which Is
more than the virtue OF many can with
standi and there can be no doubt that
the open disregard OF constitutional oh.
legations avowed by some Of the high
est and most influential men In the
country has greatly weakened the
moral sense OF those who serve In SUBJ
ordinate places. The expenses Of the
United States, including interest on the
public debt, are more than six times rs
much aa they were seven years ago.
To collect and disbnrse this vast
amount requires careful supervision
rs well as systematic vigilance. The
system, never perfected, was much
disorganized by the "Tenure OF Office
Bill, which has almost destroyed Of
fetal accountability. The President
may be thoroughly convinced that an
officer Is incapable, dishonest, or un-
faithful TO the Constitution, but, under
the law which have named, the Ut
most he can do Is to complain TO the
Senate, and ask the privilege of sup.
plying his place with a better man. II
the Senate be regarded as personally or
politically hostile 10 the President, II
~ natural and not altogether unreason.
able, for the officer 10 expect that II
will take his part as far M possible,
restore him to his place. and give him
triumph over his Executive superior,
The officer has other chances OF impu.
nifty arising from accidental defects Of
evidence, the mode OF investigating II,
and the secrecy OF the hearing, Il Is
not wonderful that official malieasance
should become bold In proportion as
the delinquents learn to think them
selves safe. am entirely persuaded
that under such q rule the President
cannot perform the great duty assigned
him OF seeing the laws faithfully exc.
cnted, and that II CiisAbles him most
especially from enforcing that rigid
accountability which Is necessary TO
the due execution OF the revenue laws.
The Constitution invests the Presi.
dent with authority TO decide whether
removal should be made In any given
case; the act of Congress declares, In sub
stance, that he shall only accuse such
as he Supposes TO be unworthy OF their
trust. The Constitution makes him
sole judge In the premises; but the
statute takes away his Jurisdiction,
transfers 1t to the Senate, and leaves
him nothing but tho 0dious and some.
tunes impractichble duty OF becOmlug
prosecutor. The prosecution IL to bs
conducted before u tribunal whose
members are not, like him, response
bio to the whole people, but to sepR.
rate constituent bodies, and who may
hear his accusation with great dis!ayor.
Tho Senate IN absolutely without any
known standard OF decision applicable
TO such n case. It's Judgment cannot
be anticipated, for IL IA not governed by
any rule. The law does not define
what shall be deemed good cause for
removal. It's impossible even 10 con.
lecture what may or mAy not be 40
considered by the Senate. The nature
Of the subject Iorbids clear proof. IfI
tho charge be inCapaclty, what evi.