The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-06-29
The Republican Party the Party of the
Constitution.


will he find this characteristic more strikingly
illustrated than in its contest with President
johnson. Comprehensively viewed, that con-
test has been none other on the part of the
Republicans than an endeavOr to preserve the
vital and distinguishing element of the Con-
stitutiOn.
The American political system is founded
upon the principle that all rightful govern
mental power resides in the people, and is to
y welded by them. Their will, formally and
; lerly expressed, constitutes law, and
there is no human law besides that. This sys-
tenn was intended TO be exactly the antipodes
of all those systems which recognize the will
of some single man, or of some favored order
of men, as constituting law. 1t is not pre-
tended, and never has been, that the people
always act in the wisest or best possible man
ner, or that in some instances an absolute
ruler might not rule wisely and well. But we
have concluded to take tie risks of allowing the
people to rule. That is our system.
In carrying out this fundamental principle
of popular rule in the actual framework of
our political structure, we have divided the
Government into three parts-the law-malzing,
the law-expounding, and the law-executing-
or, Congress, the Judiciary, and the President
The most important of these, as is necessary
ndproper, is the law-making branch. There
is whore the chief function of rule resides.
Law must be made before it can be expounded
or executed. And as the immediate and
direct representative of the sovereign and
ultimate power, the people, Congress is made
supreme over the other branches of the
Government. Both the Executive and the
Judiciary are responsible to Congress for the
faithful performance Of their duties. For any
dereiction they may be impeachsd and re-
moved, and there is no appeal from the judg-
ment rendered. Congress, on the other hand,
is responsible to no earthly power except the
people, who create it and whose representa-
tive il is. Nor is there any danger in this,
for if Congress does wrong the people have
quick and certain remedy in their own hands.
Now 1t is apparent that the vital principle of
our system, that is, the will Of the people,
must necessarily be liable to danger mainly
from those two branches of the Government
which are alien to the lawlmaking power.
Congress has no incentive to violate that prin-
Oiple, because by the system it is itself the
law-making branch. Its power in that direc-
ton is supreme. Its only method of usurpa-
tion would be by refusing to return to the
ranks of the people, and making itself per-
manept body. Even in the case of unconsti-
tutional legislation, the people at once have
the power to apply the remedy by electing
different Representatives.
But with the Executive the case is different.
He is under the constant temptation to step
outside of his proper sphere, and to attempt
to give his own will the force of law. His
position, as the Chief Executive officer of the
Government, with his thousands of subordi-
& mates scattered all over the country, is one of
great power. Power begets the desire for
power. An arbitrary, self-willed, or ambitious
Executive, with views of his own to further,
policies of his own to carry out, may easily,
In his intercourse with Congress ITSELF exer-
D Cise An influence upon the law-mal1ing branch
q government utterly beyond anything
tea by the Constitution, and totally
"a ia. spirit of our institutions.
Evefv 3ctfsssc his kind is, SO far as it
goes. L .s q the viii of the Execu-
five for fn5 ~ .Ae 5la, 1t is the action
If the one-ll,. ia epposition to the
power Of the peol startling is
the attack Of thef ppn the funda-
.,,av,tal principle 81, "a, when he
attempts directls Or through
1,;s agapts to nssnse prescribe rules and
,,sov,lations whioh have tht force Of law; or
Nan he ATTEMPTS "a Seate and organize pohti-
~ comYnunitiss Almint for them validity
sna nultso recoe "a a. members Of the State.
The Juaioiapy fbo 4 smpted to step aside
49,, N nrope M Rre sud create law instead
81 axnonndine eisl cases as they arise.
g Itis tbe old " p i saying, so the law
opQ6t to be, left the law Is.
est of the Republican
ahnsOn, the vital and
"a all the time been
people should eonsti-
4,,sa me u. Aer Mr.. Johnson's will
\ shaS,1a. has not been contented
solst the He has not liked their
ss.,,,cv !, "a one Of his own that he
si,onght 3 se and desirable. From
~ ,nosn e assumed Executive
bowers down to the present time, he has beer
engaged ii constant struggle to make h.
(. vii he law of the land. He has not beer
contsnted to perform his duties simply al
an executive, but he has had policy
which he desired to see dominant in thu
49, e.ffa ~