New-York tribune., 1868-04-20

require the opinion Of the heads OF the several e1Nue
upon certain questions, aid DIS eOrts
cape from the Just demands OF violated law IN MS ~"
swer to the first articles. be alleges tliat "a a.,
This respondent bad Of the Con;ttnion ieneo
opinion Of eeh principal oer Of Che Ieesye 3 la S.e a.
Of War ths; under the Constitution Of the United stes this
power removal was lodged by Constitution 10 the President o. Le
United and that consequently il could be sway exercised"
him and the Congress could deprive him thereof" ,,
The respondent found no provision In the CONSTITUTION
authorizing him 10 pursue any such course Inc IouSti
The President may require the opinion writing Of the principal in
s sasl Of q te, e g1sSeis Is.cte dSsssn' s e u section ~
Not Of his Office Of the legislative department nor OF
the judicial department But when did he require the
opinions and receive the advice under of which he
now seeks escaped His answer informs us that TINS
all transpred prior his veto of the bill regulating the
tenure Of certain civil offices. Upon these unWtten
opinions and that advice he based his veto OF SAID D
and fashioned the characterize his message. He cOmu
ncated his objections to Congress- they were oVeTru9u
by both Houses, and the bill was enacted nt9 IA" m m
does not say that since the final passage OF te aet nc %
been further advised by the principal officers Oh eaC % O
the executive departments that he is not Dou1u W
force IL; and he had done so he would haNs 20
result of possible benefit to himself but nc o
articles charge that he did unlawfuly ColspTTe
with one Lorenzo Thomas ana nptnnWp" TlTn He might
have disclosed that these unknown per Sht have
nioced tbeTn i'm Jeopardy without diminishing the peru
which attends upon his own predcaneht Az 10 @ lo u a.
cnt n see that the line of defense TO which we have d
ed tSe nresent objection involves the great question
of this case. 1t tends TO matters more "eignS t % 90
mere resolution Of the technical oenses wcn moaC V
the magnitude Of the case by the comparatively
and misdemeanors with which the respondent stands
charged VIII attain result far short OF It's true chce
and he rewarded with most beggary appreciation ol
the mmensity OF its real proportions Far ABOVE anu
low and beyond these mere technical oneses HIno S 40
they undoubtedly are the great question when you ale
to settle be found. 1t envelopes the wh0e case %
everything pertaining thereto Inc IeSCe. crte 10 the
raigned for violation Of and refusal TO execute @ to
laws He offers to prove that ms CaOhet a. ;
that certain 3 mat iTr he seedped their advice
and vetoed the bill, ana upon tnat anu sum W o%t
fo resist and defy the provisions of the bll nowith
standing its enactment into law Dy t"otnIIIus hn m
claims substantially that lie may determine Tor hlmsen
what laws he will obey and execute, ana what laws ne
claim he offers the testimony which, for tho time being is
excluded by the objection under discussion II am eo
rect i'm this then was not mistaken when asserted that
this objection confronts OF the most important cues
tons involved in tins 1t may be said that TINS teS
charged in the articles; but goes beyond TINS ana
reaches the main question as VII clearly carry M Ne 'o o
the article. The testimony improper LOT any pul
fhe United states Article Section provides that the
Executive power shall be vested IN Presdeht OF te
United States Of America" The person at present eAerc
ing inc functions Of the Executive office Is the respond
ent who stands at your bar to-day charged win mgh
crimes and misdemeanors in office Before he en- en-,
him as President he took and subscribed the cOnsutu
onally prescribed oath of office, in words as follows
DO soenlv swear that will faithfully execute the office
of President United states, and VIII To the best OF
ofGe United Staes5 This oath every part of the
Constitution imposes the duty OF observing every section
and clause thereof and includes the Distribution O pocs
therein made. The powers embraced ana distributed are
legislative, executive, and judicial on the rst te 1o,
stitutiOn declares that "a legislative powers neelh
granted shall be vested in Congress OF the United states
which shall consist Of Senate and House OF Representa-
tves" Articeil, section H. Inns encLces ie Cn,c M
range Of legislative action The VIII OF tle ieSisaNe u
parrInent made known by the terms OF the 3s Mf @
tmay pass. OF these expressions Ol the legislative WI"
the Constitution says; u, ~, ,. ,, 49,,
the Snae shall bee il becomes law presented the President
ofihe United and he approve he ha sgn u s y o., he
ohie
originated shall he objections d large upon ih journal ana
Ssfsa sSu!s to .5s 5ipa sT.s to N pas. IS s i 6 together
objections to the other house y ~flh u snA @ :, H.
and approved by twohrdS OF that house. 'h' become law
ASy 6H laws Ir are made but laws cannot execute them
selves However WISE just and necessary they may be-
thew are feess declarations of the legislative will until
ments Of the Goyernment The builders OF our Con
stutOn understood with great exactness the phloSo
gency they knew that laws TO be effective must be ex
its proper Office in the absence Of executive power there
fore they created that power and vested IL IN president
of the United states TO n insure e aS0 que aS i
the oath above quoted on every person eeG1ed 10 % tc
the conditions before he elered upon the execution OF
his Office Chief among the executive duties imposed
by the Constitution and secured by oath Is the one con
tanned I'm tbe Injunction that President shall take care
that the laws be faithfully executed tAll. seC ~
What iawsl Those which may have been passed by the
legislative department In and form as declared
by the section OF the Constitution heretofore Ieced Inc
President is clothed with no discretion IN thls iega
Whatever is declared by the legislative power to be the
law the President is bound to execute BY his power To
veto bill passed by both Houses OF Congress ne may
challenge the legislative wil but II he be Oyerruled by
the tw0hrds OF the Houses he must respect the
decision and execute the law winch that constitutions
voice has spoken into existence II this be not true then
the Executive power superior to the legislative power
II the Executive Will may declare what is ana what Is hot
law why a legislative department established at all
Why impose on the President the consItutlona oDiga
ton to take care that the laws be faithfully executed II ne
may determine what acts are and what are not laws! ~
absurd to say that he has any discretion IN this regard
He must execute the law Inc laws are Dut
of the will which can be made known only through
the legislative OF theGOyern
ment. criminal failure 10 execute ihat WILL anu every
wul failure. matter what It's induceneht may BE- Is
crimna-may Justly call into action the remedial power
OF impeachment This power is by the express terms OF
the Constitution conded 70 one branch OF The legislative
tives = shall have the sole power OF mpeach-
the theory Of our Constitution the Senate rep
resens the States and its members being removed from
direct accountability 10 the people are supposed TO be be-
yond the reach Of those exctements and passions WHICH
Honse of REPRESENTATIVES and this is the immediate
check provided to balance the possible hasty action OF
perfect work OF demonstration this admirable adjust
ent OF the powers with which we arc now dealing The
executive power created 10 enforce the Will OF the
nation The will Of the nation appears In IT'S laws The
two houses Of Congress Dtrusted with the power
TO the contrary Notwithstanding laws thus enacted, as
well as those which receive the Executive sanction
time beinS with the Executive power the only power
which can give effect TO the peoples Will refuses or
wfuly violates the same What constituent clements oi
governmental power could be more properly charged
with the right 90 present and the to try and
the contunacGas Executive than those inrusted
with the power laws of the people guided by
the checks and balances TO which have directed the at
tenOn OF the Senaef What other constituent parts OF
the Government could well understand and impede
peryerse and criminal refusal TO obey, or wul decina
ion execute the national WILL than those joining In It's
expressonl There be but 10 these ques
tions The respondent has placed himself within this
power Of impeachment by rampng on the constitutional
duty Of the Executive and violating the penal laws or
the land. readily admit that the Constitution Of the
United States In almost every respect, is different
from the Constitution Of Great Britain The latter Is,
10 great extent uDwritten, and is in AL regards sub
ject to such changes as Parliament may enact. An
act OF Parliament may change the Constitution OF En-
gland In this country the rule is different The Congress
may enact no law in conflict with the Constitution The