New-York tribune., 1868-05-06
NEw-YoRK, WEDNESDAY, MAY 6, 1868.

ss,n CnuP
Ss % srn. Of a tes sIpsRG 70 @ S
nent On any ana all conceivable questions, and even to
reye,4 BY their decision the power OF mpeaeheient,
Sa SSSs3sgey IN the House o%tbor1ed Ut to be pro-
noud exclusively and only by the Senate OF the uLet @
proyon Of the constitution is grant Of power; It s
Simply the designation Of the officer TO whom tne eaeGu h
Limit Of the Constitution and laws, Congress ~ the
destination OF the department of the Government 10
the Court is the designated department 70 which shall be
committed judicial power Says Mr. Webster on this sub
The trainers Of the Constitution meant to confer Exeeu
tive power the President yet they meant to define
did thus define and limit Does not the Constitution,
Senators, define and limit the executive power In this
that declares that the President shall have power 10
grant preves and pardons and that 1t declares that the
Presidsat shall have power to appoint by and with he
and oer public officers; in this that IL provides that he
shan AYE power to make treaties by and WITH Int the n nil
his power in this that 1t declares that ali legislative
eonsiss Of senate and House of Representatives In
this t1at declares that the President shall take care
oxecused In this declares that every bill which
shall haye passed the Congress OF the United states WIN
or without his consent shall be a law and remain law
to be executed as law until the same shall have been
repealed by the power which made ~ or shal nave peen
staesin case clearly within its jurisdiction aud within
the LIMITATIONS of the Constitution itself IL has been
the oorstltutiOniy OF law shall not be questioned,
much ess adjudged against the validity OF the law by
premises except for ease so clear as TO scarcely ADMIT
& aSn9 ,co But what o Is 9e resS ssed n say
ing IL without having recently very carefuy examined
o O1 o , eg neh se,e aopst the cons
onay 81 any Law whatever enacted by the Congress OF
1 UsI S nsc 40 cot Se s ny vii
me when use the word decsion what mean, mean
uaent pronounced by the court upon issue joined on
the record There such decision nrthat case, nor
IN any other 80 far as recolec on that subject
However, | may be excused for reading one or two
decisions from the ChieJustice Marshall In the
ease OF Fletcher agt Peek, Craneh, y 81, says; -.
ss Z. igs q much fs.,fy S STFas ssSGo
We csnIgnoa aaa ise as saoa ss sah 'l Ae !Ss @
r M a ns ,sa dn1 % p fSs ,s eeS IN eD D.
80 70 Che ssss ieai ne arien .gays Aor Of tue say
have read this Senator'S not that 1t was really neces-
here to aside law, and TO assume this prcrog
atye duty in order TO test its validity in the Courts Of
justice when the Courts have yentured on that
dangerous experiment themselvcs and on tue contrary
soIsSy ruled tHat the assumption Of power ciamed 5y
the President would defeat Jastice itself and annbilate
SS seSy " ne SS st psSPS yoar Cons coHstSton aud to
make plain It's signiacancy when i declares
with or. without the Presidents approval, and even
MS veto shall be law The language is plain aud
dent Law 10 every department OF the Government.
legislative, Executive and Judicial. law 10 all the
ssSstiaticns laws that 6nd mat simply begs the gucs
ton The presumption, as have shown you, Is, that
ared Ss VIE The question here +. N MGe5ase Sag 1na.
ton Y5aT tShsitaton saws Il shall be law Il does
rot mean that il shall reualn Law after being recon-
y s T Ssa ns RSsE aGa aa In
tue snpeme Court Of The United States, under
express nrsdcton; but IL does mean that until that
indgmer he pronounced anthoiiatiyey la your t5lDa
tats y 10 peope's Ts1resentaiigyE in 'onSess as.
esnbicd u ss, - las y ~. .Seie go 8 ;s1S o. =,
which referred iyesiegday-to every Representative In
s{Sy Se9atoT M ana eygy v hm m tba DenE w
make this distincon that only laws passed IN pnr
snanee q TIE consttaon that arc 10 Dndi WY MAKE
cusiJ that the President OF the United states Is by yir
OF the nrerogatye Of his office vested with the power
udiealy TO interpret the Constitution for himself ana
lnditoIy 90 uCcde for himself on the validity OF every
law on your siatGe books or the reaso in the words Of
hs advocate, Mr. cartis, that "he :, has come come
with some power vested in him by the people
Presidents mind as manifested in bis past official
duc God Only knows 10 what absurd conclusions he may
arrive hereafter by your judgment you recognize this
omnlpoent prerogatiyc in him When he comes Ia sit in
judicial Judgment on all the laws on your statute book
he may cne 20 the conclusion that all these statutes cut
OF power given 10 him by the Constitution. Such
idea conflicts with every prpcp!e OF law aud every
principle OF common sense II TINS discretionary power
IL IN the President 10 man can lay his hand upon him
That was exactly the ruling OF bis honor The Chef JUS
tain discretionary powers vested Ia the President by the
Reconstruction Acts. His judgment concludes every
body The Courts cannot review his decision, aud unless
charge him with corruption, there IS no end OF the
10 settled more than thirty years III the
ease which Teierred TO yesterday, ana nag never
been challenged from that date 10 th.s.
such dEcrtton Is Incompatible with public liberty be-
cause u IS B direct conflict with the express letter OF the
with kngly prcrogatiye; because il is discretion
which puts the servant above his naster because
pcror 10 that Of the creator. The American people will
tolerate such discretion in any Executive by whonso
dayccmes that the American people viii tamey snbmitto
the assumption Of authority that their Presdeut Is above
each or both at his pleasure with mpunity, they viii
have proved themselves unfit cusodans Of that great
trust which has committed To their In the in
terests Of their children aud IN the interest OF The mil
lions that 70 come after them have no fears oi inc
They understand perfectly well that the Pres
dent 6Hs se @ ,be.@Ts, TO TO exeeSe SSey siT thsT
laws IN the mode and manner prescribed IN the laws
eseye and not 81 IN judgment sSS S SS so2ern y 9n sm Is
selves by duly enacted through their REPRESENTATIVES,
y Congress assembled Ana ths brings me Senator'S TO
man from NewYork Mr. Evarsl when he talks of that
comnon struggle in which the President and his friends
headed doubtless by the learned and accomplished gem
teman himself would march under the banner OF lne
Of Congress. / have uttered no words nor have my
associates uttered any words which JUSTIFY any sugses
ParIiamekt under the protection Of acorrupt hereditary
monarch of whom IL may be said and Is said by his re-
tainers that he rules by the Grace OF Cod and by
"Dlyino Rights" but cannot understand, nor can
h't to e attaehSd 70 this expression The onnipo
tence Congress- the popular branch oI which Is chosen
every secod wear by the sufrages OF free men. in-
tend to utter word have utteredno wofu rom tHe
heunlns OF this contest 70 this hour which will justify
auy man in Innating that claimed for the Congress OF
the United States any ennpotenee claim i9rl sinpy
peobe In their Written tonstutoD and as onclned by
their oats II docs lot result that because we deny Tue
power OF the Executive 10 SIT In Judgment on ne egsla
ton Of Congress- IN ppceptitutiopa epaetpept passed
IN plain isnipaon OF authority p congress WHOM M ~
Mrrdy Tht first remedy under Your CONSTITUTION Is III
tbo Courts of the United States In the mode ana manner
prescrbed by Constitution and the last great remedy
under your Constitution Is with the people wi3 orua