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

Congress to exercise powers, or sbey its
order to himself exercise powers con-
fessedly outside Of the Constitution. 1t
has all the time been a question whether
he should himself violate the Constitu-
ton, by order Of Congress; whether he
should assume and exercise powers
!" outside Of the Constitution y and which
he knew and declared be had no right TO
exercise, because Congress saw 1T to
perjure itself and assume imperial and
unlimited powers, not conceded to IL by
the Constitution. The whole Executive
power, under the Constitution, is vested
in him. All military officers are his sub
ordinates and agents. He is the Com
mander-in-C Chief. Congress cannot, as it
claims the right to do, make them Ste
agents, or relieve him from responsibility
for their acts.
At Rome, 1t was the highest degree OF
treason to attempt by force or fraud, to
subvert the Government. Those guilty
OF it we're flung hesdlong from the Tar
peian rock, and their memories were in
famous. 1t is, in reason, the highest
degree Of treason still although the
Constitution, to prevent the recurrence
OF the abuses of the English law Of
treason, as once e~xpounded by the Judges
and as lately renewed by Judge FISHER,
IN his charge to the jury in SURRATT's
case, declares that treason shall consist
only in levying wal against the United
States, adhering to its enemies giving
| them aid and comfort. It is, neverthe-
less, q far more enormous and infamous
crime in one or many whom che people
entrusts with power in a republic. 10 plot
and machinste, and by fraud or force to
| attempt to change the Government into
A despotism, and subvert and anhihilste
the Constitution.
Wherefore. the question for the Presi-
dent has all the time been, whether he
would consent TO become the accOmplice
OF Congress in crime the greatest that
man csn commit-in a crime, not only
against the Constitution and Magma
Charta, but against human freedom it.
seif-the crime Of perjury also, because
in subvertiugthe Constitution he violates
his oath to preserve, protect and defend
it;-a crime the greater because the
President, representing the States, and
elected by them, is the special d
chosen guardian Of their rights, against
the encroachments Of the popular ma
.Jorlty.
1t is unnecessary to discuss the question
whether he must wait for s deeisiono! the
Supreme Court, because that decision has
already been made, by 8 unanimous
Court, and in the most authoritative
form. That decision, at least, was made
in the DRIED SCOTT case, and the only two
Republican Judges on the Bench, dis
senting from the opinion Of the majority
on other points, emphatieally c%oncurred
with them in declaring that Congress
had not and could not have and exercise
any powers whatever outside Of the Con-
stitution, in or over any territory Of the
United States, no matter how acquired
and whether by conquest or otherwise.
All the Court held that the Constitution
governed wherever the dominion Of the
United States extended.
This decision is the law Of the land
Congress has no powers except those
delegated TO it by the State, and it has
these by delegation from Virginia AID
Georgia as well as from New York and
Ohio, Unless Tirginia and Georgia
ceased to be members Of the Union, By
seeding from it.
It is not necessary for the President to
wait, then, until some individual shall,
in order to vindicate some private right,
or ~revendicate something whereof it has
been deprived by the reconstruction acts,
obtain g decision Of the Court in his
favour, on the ground that those acts
are void. That decision would not GRRLA
them, any more than the decision
already made does. 1t would authorize
the President to regard them IS void
and 80 did that decision.
Gen. JACKSON refused to approved an
act which he believed unconstitutional,
although the Supreme Court had decided
otherwise. It had pronounced that
Congress bad the power 20 create 8 Ma
donsl Bank. President JOHNSON is
called on by bis oath to refuse to execute
8 law which the Supreme Court had
declared in advance Congress had not
power to enact. He is ordered to exer-
cise powers outside OF the Constitution,
when the Supreme Court has said that
Congress has no such powers, and it is
clear that he has not.
And therefore it is that we have said,
that he is daily violating his oath to pre- !
serve, protect and defend the C0nstitu- !
ton. We agree with the InteUigencer
that he ought not to execute the laws in :
question, even if there had been no !
Judgment Of the Supreme Court denying
hat Congress possesses the powers which D
exercises by usurpation. He is 6
rot bound to violate the Constitution, in 4
obedience to any edict Of Congress.
When the Supreme Court decides, he ;
yield his " opinions. Until it :
lOes so, he must decide for himself, for II \
le commits perjury and subverts the
Constitution, the guilt is his own and he c
,annot shift it to the shoulders Of Con- y
a
y
TERRIBLE Warning. a
The figures representing the majority s