New-York tribune., 1868-04-29

luDtuOus
hnef there the epauets has modesty retired behind
will excuse me II, after his example, borrow from
the celestial arInory which he draws so eop0nsy
track like November midnight sky, with all It's flaming
asteroids: "Grm visagcd war hath sln0Othed hls
seeds 10 fight the souls Of fearful advesares he capers
nmbly IN lady chamber the lascivous pleasing OF
sares him in no. the midst Of the festivities ike sum
mons to Brnnswieks faed eheah az ne pa en m IL tbe
Messenger the Senate who comes TO warn him that his
enterprise is an unlawful one On the lo9~ng morning @
warrant for his arrest for threats which hitch
double warning chs his martial ardor; visions OF i'm
peudng trouble pass before his eyes He sees or THINKS
ment dabbed perhaps like those OF the royal palace al
Hoyrood with red sPos OF blood but above az ne leg
which is stronger than the sword on him and he puts
his weapon and repairs in peaceful guse TO take pos
scribe the interview Which followed that will be the
of the dramast. IL will be sufficient to accompany nun
on and take possesslont' which he was so unhapply
called back TO contradict, and which It was then Wen
understood OF course that he could not obtain except ny
force and he continues TO be recognized az secretary
War without portfolio, while he waits under me dee
ton OF the President not upon the law but only 10 see
like Mcawber, what my turn up here, and TO he lnduceu
and installed in proper FORM az soon as your previous d
csOn shall have been reversed, and his title Affirmed y
votes in favor Of an acqnittal The ldea OF SUIT IA
Wcn nc dreSon mo sseP ws The conVersation
however, with Gen Sherman. who was called as VIII
If not already demonstrated by all the attendant eI,cG
stances, that IL not his purpose at any tie 10 Dhg
the into the courts for adjudication He peferedthe
dexterous fHes the strong hand To reference which
every sensible lawyer would have told him. could he De
favor of the law But I'm this great strait, instead OF
resort the himself his special coun-
sell Mr. Cox employed after the arrest of Mr. Thomas Is
called prove that he advised against the writ OF quo
tcardto because OF the laws delay and endeayordt 10
seek remedy more summary through habeas corpus IN
the event OF the commitment Of the Secretary dd Interim
supposng 1t all true, however the movement came too
put the issue the way Of judicial decision upon the
law Nor is clear by any means that such proees,
good upon its face and charging Threatened disturbance
OF the peace Oense against statute OF the United
states. | doubt whether any court would venture to
declare the warrant void, or TO discharge upon sucn
hearing on the footing Of the unconstituuOnanty
Of law which had received nearly threeourths OF the
OF both Houses, or indeed OF any law whateVer
while do not see how even decision against ~ u % gVug
Thomas In his place, II Is enough, however ior !he
motion Of his own attorney The counsel for the Presi
dent admits that he cannot IN ordinary cases erect MIN
self into judicial tribunal and decide that law Is ul-
CONSTITUTIONAL because the effect would be that there
could be any judicial decision upon ~ but they
insist as already stated that where particular law has
cut off power connded TO him by the Constitution, he
has the power 10 raise the question for the Courts
There Is objection 10 his doing so, ana they
instance the case Of law to prevent The max,
ing OF la treaty or TO declare tnai me, me s9al 9t
II has been already very fully answeeditha there no
evidence here TO show that there was any honest ur
pose whatever TO bring this case INTO he courts Ou that
on contrary, there Is very conclusive testimony 10
show that he intended to keep tout OF them But had
he right TO hold this law nullty until II was affirmed
by another tribunal, whether u was loonstitutonal
or mott The Constitution gives to him the power OF pass
ing upon the acts OF the two Houses Dy returning o
with his objections thereto but II is Afterwards enacted
by OF both a9eies nc sns GeEpe NV ss
supreme power OF state Is there any higher power
than the Legsaturel Is IL essential to the operations OF
law that 1t should have the approval OF the Judiciary
wen as Of the PresidentI 1t is as obligatory on
the President % Dpp..bc Tpo@ the more 1Tse' sC He fle
its minister The Constitution requires that he shall take
be faithfully executed II for others to con
troyert T. aggrieyed IN legal way o not Id I9f M nun
m they a n s ee y Il at hss ss as
whether he would be bound TO obey These cases are
precedens, It may be equally remarked that extreme
press persons As this is not IL Will he time enough TO
answer them when they arise. IL is a sup
POssOle contingency that swqthrds, Of both both
oaths in clear case. Thus far In their
history they have passed no law believe that mas Osen
rhst nova snpposed constitutions will be useless
faith will have perished among men, limited ana repr
sentative governments become impossible. when II
comes TO this we shall revolution with bloody cor
ficts In streets. with Congress-egslallQn behind
ia already foreshadowed by the aspect OF department
OF this great Government, beleagued by me mhohs 9i
despotism, with its head prisoner ana armed sentes
pacing before DOORS who shall say that the PRESIDENT
Shall be permitted TO disobey even doubtful ndIH
implied II he he. seGy6o may %g not appsoppation sIS
% m nnon which he has endeavored un.ucccsfuy de
bauc the officers Of the army, by teaching tenl nsuD
ordination the law. why not Openly
reconstruction acts, as he VIII assuredy 90 you sh h
teach him by your verdict here tnat he can DO Win
mpunItyi The legal rule y that 'ns , a na
where has ever been reversed Inc iTesuch claims
that this presumption snsl no. su ~ ~ Ia ths revn
lutOnary prctenson Is 10 dethrone the law ana suDstue
his will TO say he may hold office and disregard heaw
stoproclaim Is either anarchy OF r ~ - , % %
step extreme 10 the other 70 De without aw
and TO leave the law dependant on single VIII, are IN
effect but one and the thing The man who can de
clare what law and what not rs already the absolute
master OF the State But who is 10 try this case The
President insists that 1t belongs TO the Jurisdiction
OF the Supreme Court where, as he uptruy says
the question involved Swere one of merely private
right, but In his Executive efforts to get INTO our court
pectedy another II not the one he sought but
It is the the Constitution has provided ust ior sueh
beg pardon he does sendyOu word through the specla
that he might have declined It the opinion still enter
tanned by both OF them that this no Congress- ana you
are no Courtof competent nS TO Dihg hs
prssept To AVOID bloody conflict however although
he has been rendered the aid in men, and mas
much suppose you have been SO ndugent as not 10
Bar. he valves his sufficient plea to the jurisdiction,
and condescends, out Of the abundance OF ms
WHICH he Claimed due credit at your hands 70 make
swer before tribunal, which he might rghtfnly have
deed But he here by attorney in what his other
Court Indeed although they insist not very
y IN almost the breath that 1t has only the lnne
tions OF jury. shall not dispute that question with
them am willing agree, that the senate, pro noe
rice rs a court and that too Of exclusive 1nrsdlsdeoh
over the subject dispult from which 1t follows
by necessary logic think. that IL ~ fny competent
10 try and decide the whole case for ITSELF taxing such
advice as it thinks proper 10 the law and then rejecting
H. il IL not satisfactory II II eannot do THIS u is Dut
the shadow mOckery OF what the defendants counsel
claim il ii be III fact But by what name soeyer IL may
be called IL will solve for the President the
0uesion which he has decided TO carry INTO an
other tribunal, without waiting for any eAtrann-
ous opinion It has already determined upon ths
constutonality OF the Tenure-of once law by enactng
it over his objections as has already passed upon s
meaning by its condemnation OF the act Tor which ne is
now 10 answer at its bar II Will say too mlstaho