New-York tribune., 1868-04-20


Of te House and declared cnHd tt that ftrbd IT aTy T&S
daring Infamous enough 10 advise ls sovereign 10 dhe
N opinion from hs Par9menL ms granH ,3 aelPf t ol
tuIe of the British Constitution III is made 70 appear
how thoroughly unser that ue e b naton
The doctrine that the King can 90 no wong, Whe u pro-
teeied ms person. h w1 trous whom the bowers
OF tie crown exered TO the acts and resolutions OF
te Parament-unti az last the roar OF the lien OF Ing
land Ia no more than the voice OF the Commons OF tue
realm completely had this principle aSsefe1 heH ~
ths R,i,sb CONSTITUTION that the veto power had passed
into disuse nearly century and 1t has not been e1
ercsed The last instance OF Its use was ia APRIL
f9G when William III refused the royal assent TO bill
to regulate the election Of members to serve IN F'da
ment. lIarsard; vol 5, p 1851 The men VINO cu oua m
Constitution In 1921 were unaugh Of these facts Ia
English history and they fashioned out the Government
the plan OF the subordnation OF the ExeeuVe power
power TO the President butthey did declare should
be subject TO q legislative Limitation under the oPtIaton
the Congress and when this happens ana the veto Dill
becomes law, the President must yelu no
the higher duty of the Office and execute the law HIS
oath binds him to this and he cannot pursue ay % 0tnG
of action without endahGeIihg INC ii, 49,,
The United States have no common law 70 ia Dack upon
when the written law rs & R a he done by
particular officer, 1t cannot be done by dleIcnI oulcer
he agency which the law furnishes Tor lts own cAeCu
ton must be used TO the exclusion OF an Otners 60 io
ion Of Attorney General Black, NOyemDer 10 looV? lns
is a very clear statement OF the doctrine on wlch e
particular branch OF TINS case now tha
attention rests. If we drift away from IL We usotoo e nc
foundations
stability 10 degree which may well alarm the most
peaceful minds and appal the most courageous. "a & @
power and from the Of the duty Of the obligations
resting upon the officer charged thercwith, would sur
fion and of UNPARALLELED magnitude. such departure
would only justify the respondent III MS Ieisal "
obcy and execute the law, but also approve Ms usulp
ton of the judicial power when he resolved tha nc wOua
not the legislative will because IN MS
II did not conform the provisions OF the vi
the United States touching the subject embraced III tno
articles Of Impeachment on which ne Ills is NOW r She ygeS
and where may we look for the ehai ,aiIy 10 wrTS
and inevitably lead to consolidation Of the several
powers of the Government In the Executive Depart
neni And would this be the end Would 1t not rather
I've bnt the beginnngl If the President may defy aud
usurp the powers Of the legislative ana Judcla
of his Cabinet may incline him, why may not his suD-
ordnaes each for himself, and touching MS own sphere
of action determine how far the directions OF ms supe
rior accord with the Constitution Of the United states
and reject and refuse to obey all that come snort ol tho
standard erected by his judgmenti If the President nus
rrt 10 contest aud obey the laws enacted by
Congress, his subordnates may exercise the same S
and refuse obey his orders III he may exercise II
case they may assert it in any other III ne may cia
lenge the laws OF Congress- they may question e
OF the President 1t is his duty to enforce te laws on
the nation and IL is their duty To obey his orders IL nc
may be allowed to defy the legislative wll Ihey may
be allowed 10 disregard the executive 0rues. Ins
confusion, and the affairs OF the pubic are maue to
sport OF the contending factions ana cohncune asentS
No such powers belong TO either 10 10 ki @
the power to enact the laws, and WINE tey icih on
the statute books 1t the constitutional GIy o c ros
dent 10 to their faithful execution lhS uuy IeSts
upon all Of his subOrdinaes. It's observance Dy All t
President included makes the Executive departuent,
though it be acting through lOsV agents, a uiit; ,y Cy
produces harmony harmony effects drGctness OF aft0
and tins secures due execution OF the laws But thc
President may disregard the laW because ne HaS pCv
advised his Cabinet ana DeneNes thht inc tODBIt'
violated the Constitution in its enactment, and ms sub
Ordnates may follow his example ulaoDoy ms liu
directions the object aud end OF an executive iny Is
defeated; anarchy succeeds ORDER force-ffeIfessDle
and yicous-supplants law, and rain envelopes the
republic and Institutions Ii the views when nave
thd,n 10 be the testimony which object must be
excluded from your consideration and thus VIII be deter
mined Of the most important questions eheHeeu W
this
Mr. CURTIS-I have no intention. Senator'S TO make
reply to the elaborate document which has now Deen
introduced here by the honorable mahagers ouchng th9
merits OF Tins The time for that bas not come aud
the testimony is not before YOU Ihe case Is hot ~
condition for you 10 consider and pass upon ls merits
whether they be based on law or not Tho simple gues
ton before the Senate - whether a certain oheT o
proof will be carried out ~ eVdencel O courss that
inquiry involves another That other inquiry ~ whether
the evidence which offered IL pertinent 20 any matter
involved In this case and when II is asserted that the
matter Is pertinent suppose " Us TO DC received Is
Of the case subject which cannot be considered and
decided upon preliminary the reception OF the ey
This elaborate argument which is addressed To you
Iproposc to make few observations to show that this
evidence T. pertinent 10 the issues Ia this case The hon
oraJe Manager has read portion OF the answers OF Tic
President apd has stated that the House OF Representa-
Ks 10 the effect OF that admission by the honorable
Manager l shall have a word or TWO 70 say
| told you that the House Of Representatives, when
they brought to your ear these aitcYa ~ 10y INTEND %
which are matters or fact. one OF the Ai6gations
MIR. Chef.Justce, you Will find by referring to
article that the President OF the United states, In
moving Mr. stanton and In appointing Cen Thomas, IN
that did these acts with tho intention Of violating tho
Constitution Of the United states Instead o aNetflng
had 10 is wholly imnateral whether he honestly believed
mmateria whether no believed that he acting in
Ge,end be GdpstUon when he dd this actnstcad Of
|
violate the Constitution OF the United states Now when
question Of ntcnt-ovidence that before Offering any
opinion this subject he resOrted 10 proper ADVICE 10
cnable him TO form correct one and that when ne did
form fixed opinion on this subject it under the in
uence Of this prejudice and that when he dld TINS act
whether II lawful or unlawful IT was done with
intention to violate the Constuon-thc honorable Man
ager gets up here apd hour by the clock that ii
Is wholly mmaerial what his opinion was and what ad
vice he had received in conformity with which he acted
in this natter The h9n3Eaple Mq9aSers argument may
come TO that conclusion after they have heard THIS
clause. That is a discussion into which J shall not
| enter but before the senate come TO The con-
sderatiOn OF these questions they must pass this al
legation they must either say the honorable Mana
ger says that II is wholly mmateral what opinion the
President has formed and under what advice under
what circumstances he formed IT, else be admitted by
the Senators But 1t material and the evidence must
be considered Now how possible at this stage the
inquiry determine which OF these be taken
by the hoporable senaei IL the Senate should finally
come TO the conclusion that 1t Is wholly immaerial this
evidence will do no harm IT, on the other hand, the Sen
rial what the intention OF the President in commit
ting these acts and that they VIII examine 70 see whether
il was or wilful violation Of the Constitution, what
thenl 1t would have excluded the evidence upon which
IL could have determined that question. respectfully
submit therefore, that whether the argument OF the hon
Orabe Manager Is sound or unsound; whether II VIII
finally appear the Judgment Of the Senate that this
material not this not tho time TO exclude upon the
ground that examination OF the merits hereafter and
decision upon these merits will show that Il Is inmate
rial when that shown the evidence be land aside
II the other conclusion should Do arrived at by any ono
Senator or by the body then they will be III want OF
this evidence which We now offer In reference to tins
question, Senators, Is 1t not pertincntt DO not IN
fond to enter into the Constitutional inquiry which
was started yesterday by the honorable Manager lir
Buter) as to the particular character OF the Cabinet
counsel One thing is certain, that every President