The New York herald., 1868-04-23

OF the Senate TO act upon and confirm nomination
Is barren power as means OF protecting the pub
lie interests, II the person so confirmed may be re-
moved from his once at without the advice and
consent OF the Senator II this claim shall be con-
every person who refuses TO become his instrument.
An evl-minded President may remove all loyal and
S from s the aS s anv c Ss
adherents and friends. None but his friends can re-
main an ONCE; none but his friends can be appointed
TO 0fice What security remains for the fidelity OF
army and navyf What security for the collection
Of the public revenuess What accountability
,ttaSnI vIcei Every @ any Subic oicer is henceforth
mere. dependent upon the Executive. Here,
tofore the Senate could say TO the President You shall
not remove a faithful, honest public officer. This
power the Senate mas possessed and exercised for
nearly eighty years, under and by virtue Of express
authority granted in the constitution. Is this auhO-
rity to be surrendered2 Is this power OF the Senate,
this prerogatiye we may almost call 1t, to be aban-
donedY Has the country has the Senate IN tne ex-
tons fully considered these broader ana graver
issues touching and Affecting vitality our institutions
and system Of governmentf The House OF Repre-
sentatves has brought Andrew Johnson, President OF
the United States TO the bar Of this august tribunal
and has here charged him with high crimes and mis-
demeanors in Office. lie meets the charge by deny
ing and assang the ancient, undoubted, constltu-
tional powers OF the Senate. TINS Is the grave, ma
decide the issues Of record, which appear narrow
and technical, you decide these greater issues also
sentatves as time and their abilities may permit in
tend to deal with the criminal, and with these his
of the President and of the Senate shall first in
vite your attention. Senators, to the last mentioned
topics.
THE CONSTITUTIONAL POWERS OF THE PRESIDENT.
The Manager then proceeded to consider the char
acter OF the government and especially the dlsribu-
ton OF powers and the limitations placed by the con-
stituton upon the executive, judicial and legislative
departments. There was, he said, a difference In
the phraseology employed, and That the legislative
ity. The first section Of the first article provides
that 'all legislative powers herein granted shall be
nA in Of fhn TVifn OF tIhiN oh
shall consist Of Senate and House of Representa-
tives." The first section OF the second article says
that "the executive power shall be vested in Presi
dent OF the United States OF American and the first
section Of the third article provides that "the judi
cial power of the United States shall be vested in
one Supreme Court and such inferior courts as the
Congress may from time to time ordain and estab-
lish." The words "herein granted, as used in the
first section of the first article are OF themselves a
limitation upon the legislative powers of Congress,
but the absence of these words In the provision re-
lating to the executive and judicial departments
does not justify the inference that unlimited author
ity Is conferred upon Them An examination Of the
constitution shows that they have no inherent vigor
by which, under the constitution, they are enabled
TO perform the functions delegated TO them, while
the legislative department, in noticeable contrast ia
be necessary and proper for carrying into execution
the foregoing powers, and all other powers vested
by this constitution in the government Of the United
States or any department tlereof.n
FULL POWERS VESTED IN CONGRESS.
BY virtue of this provision the constitution de-
wolves upon Congress the duty Of providing by legs-
lation for the full execution not only Of the powers
vested In Congress, but also OF providing by eglsla
ton for the execution OF the powers which by the
constitution are vested In the executive and judicial
departments. The legislative department has
original power derived nom the constitution, 10y
which II can set and keep itself in motion as branch
OF the government, While the executive ana judicial
departments have no self-eXecuting constitutional
capacity, but are constantly dependent upon the
legislative department Nor does IL follow, as might
upon slight attention be assumed, that the executive
power given TO the President is an unlimited
power, or that 1t answers or corresponds
exercised by the executive Of any other government
The President Of the United states is not endowed
by the constitution with the executive power
which was possessed by Henry Vlil or Queen Eliza
beth or by any ruler in any other country or time
but only with the powers expressly granted to him
by the constitution, and with such other powers
have been conferred upon him by Congress- for the
purpose Of carrying into effect the powers which are
granted to the President by the constitution Hence
may be asserted that whenever the President at
temps to exercise any power he must, II his right be
questioned find specific authority in the c0nstltu
hon or laws. BY the constitution he Is Commander
in-Chie Of the army and navy; but 1t Is for Congress
to decide in the first place, whether there shall be
an army or navy and the President must command
the army or navy as II is created by Congress, aud
to such rules and regulations Congress may from
time TO time establish. The President "may require
the opinion in writing of the principal officer In each
OF the executive departments upon any subject relat
ing to the duties OF their respective Oces,n but the
executive offices themselves are created 10y Congress
and the duties OF each officer are prescribed by law
In fine the power to set the government in motion
and TO Keep ii in motion is lodged exclusively In
RELATIONS BETWEEN THE PEOPLE AND CONGRESS.
Tho ynonna, ~ ,ha Tn,to sta,as ana tbat soveyegn
~ 10 fv exnreSeei i'm tho nreomhe to tho lin
,;on Rv tba copStItr,inn the r,eone have vestad
discreti3narv nower-iimited i, }s trnein The con
gress of The ped states while they have denied RI
tho nvecntiye and ,uJicio, danartments oil discre
tinnarv noyer whatpver ASter anotinc The oninions
of tbe srnreme Conrt in the case of McCuIpch We
tho state nf Warvand which admitted that tho ma
tiona Iegsiatnre was aIlnwed discretionarv nowers
m enahIe that hodv 70 nertorn ito duties in manner
woat hana6ciai to Tho pennie II 10 wortbv of rnnarr
that This article of Congrss declares fhai ali ieoisa
tive movers SHAH he vested in Congress- while + de-
carao IN OF tho on ocnya nnv,or sh.u Le yes,ed i'm
President of the United States The constitution de-
nies TO Congress various powers IL also does to
the United States and the States separately while the
only single instance denied the President is in the
provision to give him authority to grant reprieves
and pardons for offences against the United states
except In cases of Impeachment The powers of
the President are specified while Congress IL vested
with powers of egislat .on ample for all the necessi-