The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-12-07


constitutional act of Congress, is a very Sc
rious and important question, on which
have deliI,erated much, and felt extremely
anxious to reach proper conclusion. Where
an act has been passed according to the
| forms of the Constitution by the supreme
legislative authority and is regularly enroll
eel among the public statutes OF the coun-
try. Executive resistance 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 resorted
to only as the last remedy for the worst of
evils. Whatever might tend to provoke it
should most carefully he avoided. A faithful
and conscientious Magistrate will cOncede
very much to honest error, and something
even to perverse malice, before he will en-
danger the public peace; and he will not
| adopt forcible measures, or such as might
lead to force, as long as those which are
peaceable remain open to him or to his con-
stituents. 1t 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 which is not only in pal
pabe conflict with the Constitution, but will
certainly, if carried out. produce immediate
dLlt PaitoiS w WV WI Oh Nv
ture of the government, and there be neither
judicial remedy for the wrongs it inficts,
nor power in the people to protect them
selves without the official aid of their cleo
ted defender; if, for instance, the Legisla-
tive Department should pass an act even
through all the forms of law to abolish a
coordinate department of the government
in such a case the President must take the
high responsibilities of his Office, and save
the life of the nation at all hazards. The
so-callcd reconstruction acts, though as
plainly unconstitutional as any that can be
imagined, were not believed to be within the
class last mentioned. The people were not
wholly disarmed of the power of selt-de
fence. In all the Northern States they still
held in their hands the sacred right of the
ballot and it was safe to believe that in due
time they would come to the rescue of their
own institutions. 1t gives me pleasure to
add that the appeal to our common constit-
uents was not taken in vain, and that my
confidence in their wisdom and virtue seems
not to have been misplaced
1t is well and publicly known that enor-
nous frauds have been perpetrated on the
Treasury and that colossal fortunes have
been made at the public expense. This
species of corruption has increased, is in
crcasing, and if not diminished will soon
bring us into total ruin and disgrace. The
public creditors and the tax payers are alike
interested in an honest administration, of the
finances, and neither class will long endure
the large handed robberies of the recent
past. For this dlscreditabIe state of things
there are several causes. Some of the taxes
are 81 laid as to prevent an irresistible temp
tation to evade payment The great sums
which officers may win by connivance at
fraud create a pressure which is more than
the virtue OF many can withstand and
there can be no 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 subor-
dinate places. The expenses of the United
States, including interest on the public debt,
are more than six times as much as they
were seven years ago. To collect disburse
this vast amount requires careful supervis-
ion, as well as systematic vigilance. The
system, never perfected, was much diSOrgan-
lied by the "Tenure of Office Bill" which
has almost destroyed official accountability.
The President may be thoroughly convinc-
ed that an officer is incapable dishonest, or
untaithtul to the Constitution, but, under
the law which have named. the utmost he
can do is to complain to the Senate, and ask
the privilege of supplying his place with
better man. If the Senate be regarded as
personally or politically hostile to the Pres
ident, it is natural and not altogether I'M
for the officer to expect that it
will take his part as far as possible, restore
him to his place, and give him triumph
over his Executive superior. The officer has
other chances as IMMUNITY arising from ac-
cidental defects of evidence, the mode of in
it, and the secrecy of the hear
ing. 1t is not wonderful that official malfea-
sance should become bold in proportion as
the delinquents learn to think themselves
safe. | am entirely persuaded that under
such a rule the President cannot perform the
great duty assigned to him of seeing the
laws faithfully executed, and that it disables
him most especially from enforcing that rig
id accountability which is necessary to the
due execution of the Revenue Laws
The Constitution invests the President
with authority to decide whether a removal
should be made in any given case; the act
Of Congress declares in substance, that he
shall only accuse such as he supposes to be
unworthy of their trust. The Constitution
makes him sole judge in the premises;
but the statute takes away his jurisdiction,
transfers it to the Senate, and leaves him
nothing but the odious and sometimes inn
practicable duty of becoming prosecutor
The prosecution is to be conducted before a.
tribunal whose members are, not like him,
responsible to the whole people, but to sep
lrate constituent bodies, and who may hear
his accusation with great disiavor. The
Senate is absolutely without any known.
standard of decision applicable to such a
case. Its judgment cannot be anticipated,
or it is not governed by any rule. The law
Ices not define what shall be deemed good
case for removal. 1t is impossible even to,
conjecture what may or may not be so con-
idered by the Senate. The nature of the
subject torbids clear proof. If the charge be-
ncapacity, what evidence will support it .
Fidelity to the Constitution may be under
stood or misunderstood in a thousand differ
,nt ways, and by violent party men, in vio-
ent party times untaithfulness to the Con-
titution may even come to be considered
neritorious If the officer be accused Of
dishonesty, how shall it be made out? Will
t be inferred from acts unconnected with
public duty, from private history, or from
general reputation Or must the President
wait the commission of an actual INSIDE
neanor in office? Shall he in the mean