, 1867-12-20
aValla Atalla STATESMAN.
FRIDAY EVENING, December 20, 1857

be entertained as sound, but its influence on
some classes of minds may well be appreheuded.
The financial honor of great commercial ma
tion, largely indebted, and with republican
form OF government administered by agents OF
the popular voice, is a thing of such delicate tex
ture, and the destruction If II would be followed
BY such unspeAkAble calamity, that every true
patriot must desire TO avoid wbstever might ex>
pose It to the slightest danger.
The great interests of the country require I'M
mediate relief from these ennctments. Business
in the south is paralyzej by sense OF general
insecurity, by the terror of confscaiou and the
dread OF negro supremacy. The southern trade,
from which the north would have derived so
great profit under government OF law, sun
lauRuirhes and can never be revived untll IL
ceases to be sheltered 10y the arbitrary power
which makes all its operations unsafe Ihat
rich country the richest the world ever saw, is
worse than lost, if it he not soon placed nnder
the protection of free constitution, instead Of
being, as il ought to be, source of wealth and
honor It will become an intolerable burden up
on the veal of the nation.
Another reason for retraring our steps will
doubtless he seen by Congress in the late mani>
festations of public opinion on this subject We
live in a country where the popular will always
enforces obedience to itself, sooner or later. 1t
is vsin to think Of opposing it with ANYTHING
stort of legal authority, bar led by overwhelm
iuk force. 1t cannot have escaped your atten>
tion, that from the day on which Congress fairly
and formally presented the proposition 10 goV>
ern the Southern States by military force, with
a view to The ultimate establishment OF negro
Supremacy, every expression OF the general sen-
timeut has been more less adverse to 1t. The
affections of this generation cannot be deiAched
from the institutions of their ancestors. Their
determination to preserve the Inheritance OF tree
government in their own hnnds, and transmit II
undivided and unmpaired TO their own pos'erI-
ty, is one too strong to be- successfully oVerPo"S
cred Every weaker passion will disappear oe'
fore that love of liberty and law for which the
American people are distinguished ABOVE all oth'
ers 10 the world.
How far the duty of the President TO preserve,
protect and defend the constitution, requires him
to go 10 opposing unconstitutional acts Of Cons
press is II very serious aud important question,
on which have deliberated much and felt ex-
tremey anxious TO reach a proper conclusion.
Where an act has been passed according to the
forms of the Constitution, by the supreme legis>
lative authority, and is regularly enrolled among
the public statutes of the country, executive re-
sistance to it, especially in times of high party
excitement, would be likely TO produce violent
collision between the respective adherents of the
two branches of the government. This would
be simply civil war, and civil war must be re-
sorted TO only the last remedy for tue worst of
evils. Whatever might tend TO provoke IL shOulu
be most carefully avoided.
A faithful and conscientious magistrate will
concede very much to honest error, and some
thing even to preserve malice, before he will en-
danger the public peace, aud he will not adopt
forcihle measures or such ms might lead to force,
as long as those which are peHceable remain
open to him or to his constituents. II Is true
that cases may occur IN Which the Executive
would he compelled to stand on its rights and
maintain them, regardless Of all consequences
If Congress should pass an act whrcn is uoron'y
in pnlpabe Conflict with the Constitutions, uu'
will certainly, it carried out produce Immrdiie
and irreparnbr injury TO the urgarir structure
of the government, and if there he neither judi
cial remedy for the wrong 1t IufIcls, nor power
in the people 10 protect themselves without the
official aid of their elected defender; If for IN.
stance the legislative department should pass an
act, even through nl the forms of law, to nbol-
ish a coordinate department OF tue government,
in such n case the President must take the high
responsibility nf his office and save the lite of
the nation NJ all hazards.
The so-called reconstruction acts, though as
plainly Unconstitutional AS any that can BE- i'm
agined. were not believed TO he within Ihe class
last mentioned. The people were not wholly
disarmed ot The power of srlf defense in all the
Northern States They still hold in their hands
the sacred right of The ballot aud it was safe to
rescue of their own Institutions. IL gives me
pleasure to add that the appeal to our common
constituent was not taken in vain, aud that my
confidence in their wisdom aud virtue seems not
to have been misplaced.
II is well and publicly known that enormous
frauds have been perprrratrd on the treasury
and that colo sal fortunes have been made Mt the
public expense. This species OF corruption has
increased, is increasing, aud # not diminished
inIp ,taI nil nd
The public creditors aud tax payers are alike in>
teresird IN an honest administration of the b
nances. aud neither class will long endure the
large handed robberieS of the recent past. For
this discreuitable state of things, there ne seve-
eral causes. Some of the taxes are so laid MS to
present an irresistible temptation to evade pay
ment. The great sums which officers may win
by connivauce at fraud, create II pressure which
is more than the virtue of many can Withstand.
and there can he 10 doubt that the open disre>
gard Of Constitutional obligations, avowed by
some Of the highest and most influential men in
the country, has greatly weakened the moral
sense of those who serve in subordinate places.
The expenses of the United States, including
interest on the public debt, more than six
times AS much as they were years ago. To col
lect aud dishurse this vast amount requires care
ful Supervision as well MS systematic vigilance.
The system, never perfected was much disOr-
gauiZed ny.the tenure of Office bill, which has
almost destroyed official accountability. The
PresideRt may be thoroughly convinced that an
officer is incapable, dishonest, or unfaithful to
the Constitution, but, under the law which
have named, the utmost he can do is 20 complain
to the Senate and ask the privilege Of supplying
his place with a better man. ]: the Senate be
regarded MS personally or politically hostile to
the President. it's natural aud not altogether
unreasonable for The officer to xpect that it will
take bis part as far Ms possible, restore bin to
bis place, and give him triumph over his pxrcu.
tive superior. The officer has other chances of
impunity, arising from accidental defect of evi
denee, the mode of investigating il and the Sc
erecy OF the bearing. Il is not wondrrfuI that
mAlfeasanee should become bold in prnportIop
as the delinquents learn to think themselves
safe. / am entirely persuaded that under sucb
rule the President cannot perform tue p,eat du.
" assigned to him Of seeing the laws faithfully
executed, and that II di>abes him most especi
ally from enforcing that rigid accommodating
which is necessary TO the due execution of the
revenue laws
The Constitution invests the President with
authority to decide whether a removal sbouId
be made IN any given case. The act Of Con ,rrss
declares in substance that be shall onl, accuse
such AS he supposes to be unworthy of their