Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-04-24
JAMES MADISON, AND boutwell,,
THE MANAGER.

Mr. Boutwell, lays one of the premises
OF his argument against the President
thus:
Au examination Of the Constitution,
shows that the Executive and judicial de-
partments have no inherent vigor by which
they are enabled 20 perform their func-
tiCns, while the legislative department is
clothed with authority 10 make all laws
necessary TO carry into execution all pow
ers vested by the Constitution in the gov
eminent Of any department or officers
thereof The Legislative department has
the original power from the Constitution,
while the xeecutive and judicial depart
meDts are constantly dependent upon the
legislative department.
This is d broad assertion Of the does
trine which claims for Congress superb
ority over the Executive and the Su-
preme Court and condemns them to a
condition of dependency; and under
which the recent usurpations Of that
body are sought to be justified
Now, if there is one distinguishing
feature of the Constitution, it is that
making each department co-equal in aus
thority with the others, each to act in its
assigned sphere, and it is the chief object
Of that instrument to preserve a balance
Of power between them, and to prevent
and correct encroachments Of one upon
another The failure to do this effec-
tuslly was regarded as thecardinal defect
in all other forms Of government previous
to 1887 In some, the executive welded
nearly all power in others, the law-mak-
ing body was supreme, and in both of
these classes the judiciary was inefficient
But Mr.. Boutwell, has blazed out new
view, and holds that the fathers intended
and actually framed government of the
second class.
Not so did James Madison, "the Father
of the Constitution" think In the 48th
number of the Federalist he said
at is equally evident that neither of the
departments ought to possess, directly or IN
directly, an overruling influence over the
other in the administration Of their respec.
tive powers. But experience assures US
that the efficacy Of provisions to this end,
In most of the American (Stste) Constitu-
TONS has been greatly oyerrated and that
some more adequate defense ia indispensa-
bly, necessary for the more feeble, against
the more powerful members of the govern
ment The Legislature department IS euey7,-
wtere extending the sphere Of its activity, and
drdUiHg all poUers into its impetUous corter."
The argument of that paper is to show
that the Constitution of the United
States had placed all possible restraints
upon the Legislative to prohibit it from
subiecting the other departments to its
its control; and to commend it to the
American people because it contained
that salutary provision
The argument of the impeachment
managers is to prove that it did no such
thing, and should not have done So; and
1t is necessary to establish this PROPOSE
ton in order to defend the monstrous
usurpations of Congress, which the Pres
ident was endeavoring in constitution
al manner to correct, when, in addition to
the guilt Of those outrages, he was ar
raigned for trial The criminal violators
of the Constitution are seeking to cons
ceal their crime by condemning the Off
Ger who sought to arrest them in the act