Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-25

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purpose. Congress has wrested from
him his prerogatives, or so limited them
equally in violation OF the Constitution
as to make them worthless, in order to b
enabled, without let or hindTance, Il
violate the Constitution in other re
spects, and to change the Government
into q tyranny of the majority, and IN.
constitutionally destroy States, establish
despotisms, and create negro republics
When the Congress passed the Tenure
of-ofice bill, the President interposeC
his veto, demonstrating the %unconstitu
tionaiity Of the bin, and that it was al
intoIerable e-ncroacbment upon his pow.
ers, rights and prsrogative. Yet the bill
became = law.
So he attempted 20 prevent by his veto
the passage OF the Reconstruction act
the supplement to it, and that expiana.
tory Of it, passed at the last session o.
Congress. In each case his veto wss
treated with contempt, and these uncon'
stitutional measures became statutes.
The President Is not at liberty TO exc,
cute a law that openly violates the Con-
stitution. He IS sJroTn not TO do so fol
he is sworn to preSerre, protect and de.
fsnd that Constitution. Whenever, il
executing the Reconstruction acts, he
was required to do any act violatiYe Of a
4 constitutional provision or Of a right
under the Constitution or its amend.
ments, he should at once have halted.
Although Congress had disregaTded hi;
veto, they were powerless to create any
obligation or duty, imposed on him, to
destroy q constitutional right, or violate
a constitutional prohibition. Nor, if he
were satisfied Of the uuc0nstitutiOnality
Of any part Of either Of these acts, washe
at liberty 10 execUteit. until the Supreme
Court should decide it unconstitutional
He was necessarily compelled to decide
the question for himself, because the
Legislature could not give him absolU.
tion for the guilt Of perjury, or for that
Of violating the supreme law which be
had sworn 10 preserve, protect and de-
fend. The Order Of JESUS demanded
implicit and unressoniug obedience Of
ali its members but the Constitution
does not demand that Tor the Legislature
! Of the Executive.
As to MS powers and p~yeTOgstives, the
I Legislature has no right TO define their
limits and boundaries, much less to
diminish and encr5ach on them. Alaw
that attempts to do either, passed over
the veto, IL void. The Legislature can
20 more define autboritatively the boun-
diaries Of the Executive Power, than the
Executive can define those Of the Legs
l8tive power. They are coordinate De-
partmeuts, each independent Of the
other, and each vested with the entirety Of
its branch OF powers. When the Leg
islature ~encrORChes on the prerogEtives
Of the Executive, there is neither time
nor need TO await the action OF the judi
ciary. Il has as little power as the Leg
isIature 70 determine the extent of the
Executive power, and if it were TO hold
valid an act OF the Legislature ~encroach-
ing on the Executive, the decision would
be q nullity.
For If it were not so, II The powers Of
the Executive, like those Of the judici-
airy, were not beyond the reach Of the
legislature Ill the Istter could define the
limits and boundaries of either, or if the
Judiciary could define those OF either OF
the other departments, so az 10 bind that
other, either the Legislature or Judiciary
might u=urpiUg by degrees, under the
pretence Of deGuiliou, rob or pilfer from
the Executive his most sslutary and
necessary powers.
Tue Legislature has no power or right
Whatever 70 enact that the President
shall not exercise any particular portion
Of the Executive power. 1t is a part OF
that power TO remove subordinate Execu-
tive officers from office; and the COnsti-
tuition does not require the assent OF the
Senate to the execution Of that power.
Congress could not eu&ct, owe the Presi-
dents veto, that ne should not remove a
Secretary, or any other officer, during
its recess. The question Of the validity
of that prohibition cannes be submitted
to the Supreme Court. No case can be
made between the President aud Con-
gress, for tine Court TO decide. II the
party removed asked the Supreme Court
for 3 mandamus to the President, com
mandiGg him TO re-instate him, the
President would refuse to obey it, and
would, in that, only maintain his Just
~prerogatye. The Court would not issue
the writ. Il would have no power to
enforce obedience. All that is well set
tied.
The truth is, that each Department IL,
in the last resort, the judge Of the extent
Of It's own powers, and neither can limit
those Of the others. In attempting to
limit those Of the President, Congress is
guilty Of encroachment and usurpation,
and the President makes grave mistake
10 failing to vindicate his rights by treat
ing such legislation with contempt. He
does not perform his duty, which he has
sworn to perform, Of preserving, protect
ing aad defending the Constitution. He
should unhesitatiugly remove, not sls-
pend, any officer Of any grade, who
proves unworthy or incompetent, or in
subordinate or treacherOus, and an his
Mace with another. He should not a
The least attention to the statute that
~ulDouer him 10 suspend an officer, and
requires him to communicate the reasons
for the suspension to Congress. These
provisions are mere usurpstiOn, an en-
croachment on his p~rerOgstives, and an
insolent assertion Of mastery over him !
and nothing is clearer than that they are
null and void. II the Presidents asser-
ton Of his rights is resented by Congress,
and it refuses to provide for paying OFF,
GERS 50 appointed, the President will not
be in the wrong, or responsible for the
collision. Being in the right, he must
stand or fall by bis action, and not shrink
from doing his duty and sterBly assert
ing all his rights, to the utmost fraction,
by any danger OF a collision, or Of peril to
himself. 1t is his paramount duty, for
the interest Of the people, and that Con-
gress may no longer plumber him Of his
powers, 70 defend and maintain his pre-
rogative. He has already reeeded tOOfsr
and yielded too much. Instead Of trans
ferring SHERIDAN to another theatre, be
should have kept him where he was, and
by peremptory orders taught him that
was not supreme, and compelled him to
walk carefully within the limits marked
out forAim.
As to open and palpabls violations of
the Constitution, the legislature cannot
make it obligatory on the President TO
execute and give effect to a statute which
requires him to do acts and carry for
ward measures, which he has declared