Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-10-26
uUsT THE PRESIDENT PEHJURE


Hub AhE
WIMsELFg
Mr.. boutwell,. OF Massachusetts,, in a
recent letter to a Northern journal, speak
ing OF the President, thus oracularly ex-
pounds the law as to that Magistrates
powers:
Civil officers he may suspend for crime
or misconduct in office; and officers Of
the army and navy he may suspend q
then subject them TO trial by cOurts-msr-
tiaI. In this way he takes care that the
laws be faithfully executed. and therein
faithfully executes the Office OF Presl-
sdent.n
Nor can the President disobey a law
EpOn the ground thst il is ~unconstltu-
riouaL. When q bill is submitted 10 the
President for his approval, as every O!ii
must be submitted b him, be then eKers
cises under the Constitution, and for the
last time, his constitutional p~Terogatve OF
Judging whether the proposed law Is con
stitutional or not. II he believes it 20 be
unconstitutional be returnsit to Congress
with his objections thereto, aud at that
moment his 1--WE over the subject Is eX-
bRusted. He must wait for and obey the
decision Of Congress.
If Congress, notwithstanding the
Presidents objections, believing the Dill
to be constitutional, shall pass the same
by q two thirds majority OF each House
il is no longer competent for the Presi-
dent 20 consider whether the law is con-
stitutioBal or not. It is his duty to obey.
In the passage OF 8 bill by a tWO-thirds
majority Of a Presidential Veto the eZ-
ecutive power il COustituti0naliy annInl-
lated upon that subject, and the Presi-
dent has no longer q constitutional right,
for any reason, TO interpose an obstacle
20 the administration OF the law.
If the President, as your correspondent
seems % maintain, may for any reason
set aside g statute, or any provision Of q
statute, duly passed according to the
Constitution, whether by the Presidents
approval or an executive veto, then is
our Government HOfonger a government
Of laws, but il becomes q government Of
q single man.
AproPos Of this subject, the National
IateRige1ceT says:
There is no authority anywhere under
this Government TO create q despotism.
We will not recognize any such monster
As the offspring or Outbirth or our free
system Of laws. We declare it q gross
imposition, a wicked perveTsiOn Of the
Federal system, al attempt to enslGVe
the people North and South Tor If it is
lawful in one region 1t may be lawful
everywhere. The government Of the
Constitution Is indivisible. It means
the freedom Of 81, and free institutions
FOR all. Its authorities and its privileges
90 hand in hand. Il exacts obedience
because it gives prsteCtiOn. It's army
and navy are the agents Of the civil
owe Of the State. II the civil power
is 10 be up one day and down the next, !
il serves but 20 swell the list Of sham Sc
curities with which, to keep up the illu-
sion, the pages Of our history are dehled.
Military power went down in the revO-
luton Of l6Ss never TO rise where the
English language is spoken. II strug-
gled heavily for resurrection during the
Nspoleonic WAITS but it failed, as it will
fail here. /,
And in another article the same sober
and sound journal says: .
The whole reconstruction scheme is
equal, in reasonable essence and political
crime. 10 the late rebellion Itself. 1t is in
8 complete peryersiuu o. the legal powers
OF the Legislature, and their employment
In 3 grand revolutionary movement
which not only contemplstes the over
throw Of the constitutional system, but {
the deposition Of the President, the sup
preston Of the Supreme Court, and the
transfer Of all the active agencies Of the {
Government to the will Of Congress. {
And what is the theory OF this mon d
strous treason against the government /
Of the C~onstitutioH2 :
Mr.. Stevens tells Us it IS revolution
revolution by parties Rcting " outside OF !
the Constitution It is fOrce-it is open- g
handed force, made insOlent by the ex-
tent and power Of IFS combinations. III :
this be true, The question arises to what :
extent hesvy responsibility rests upon q
the President for not meeting the issue c
by the exercise Of the high powers which =
are devolved upon him 10 " preserve pro- =
tect, aud defend the Constitution We .
have seen fer two long years the coils OF /
treason drawn wilh bold hands around Z
the vital system Of the Governments
and as the work Of struggling has been
openly carried on, the hands o. every q,
patriotic political agent Of the DID sys- d
tenn have been tied, aud their feet bound d
by the conspirRtOrs. 5
It is the duty Of the Supreme Court, as
Judge Marshall says, so say what the
law Is y il Is the duty ofthe President 10
4" preserve, protect, and defend the Con ,
stitution." The u Is the Judge Of the {
law and the Constitution 10 their appli- D
cation to persons the other is the Judge =
OF those public event and combinations .
which threaten the overthrow OF the
Constitution and the supremacy Of the
law. q
The time has come when the President OF
should feel the force Of his distinction. p,
and, in view Of the widespread con-
spiracy which now seeks the utter sub q
version of s great free system Of govern
ment-a conspiracy which has already
8 naked military desDOtism over "
oue-third Of the States Of the Union: q,
which is marshalinR its forces for the :
deposition Of our Cbief Magistrate III
openly sustaiDs every act Of arbi-
trary authority Of its tools and minious:
which proscribes the whites OF the entire NJ
South, and foists into power the igso- fi
rant blacks-we insist, il is the duty OF -
The President to employ all The authority
the Executive Department 10 pre- 10
protect and defend the Constitu- &c
It is quite unnecessary 10 discuss the
whether the President is bound, th
" his duty to see theIaws faithfully ia
.xeeuted, 4" to violate his oath Ito pre- pr
erve, protect and defend the COnstitu- th
by executing a Law In palpable stC
collation. Of the Constitution, which he
to be so, which no mar can deny
so, and which subverts the Govern Ter
lent itself-until the Supreme Court M
laIl have decided that law 10 be what noe
0 one can deny it is. What If It were IN
ldw 10 destroy the Supreme Court iuI
Whstif a question either cannot ieS
or never is brought before that Court {
r adj ~udieation? ing
It is quite unnecessary, because the snC
for the President has all the ten
ne been, not whether be should exc ma
lie 3 law that pretended to be consti- VIII
but whether be should help Ian