The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-02-28

For more than half a century our Government
worked tremendously, and II was believed that
We had a Constitution and form Of Government
that might work on to the end, or as long as
HUMAN society needed the restraints of law to pre-
serve order and keep the peace. When the re-
bclllon came a new state Of things, not contem-
Plated by our fathers, or at least not provided
for by them In the organIe law of the land, arose
and the question was forced upon US, how shall 1t
be suppressed within the limits Of the Constitu-
sionl Mr.. Buchanan, the then President, him
self lawyer, and acting under the advice Of
lawyers more able than himself, declared that he
found no authority in the Constitution "to
c0erce State.n 1t was found necessary to sur
tain the Government. The necessity was i'm
perstiye, the people decreed 1t, and the Gov
eminent found . way to do 1t, and whether
It was done within the limits Of the Con-
stitution, or outside OF that instrument, we do
not propose now TO discuss. II was done.
e The rebellion was put down. Our Institutions
have thus far survived the shock, and In our
own estimation, and in the estimation of the
world, we are still q Government de Jdeto and a
Government dc jure. We have now reached
another crisis.
Since the foundation of the Government the
President of the United States has had the power
to appoint certain officers, by and with the ad-
vice and consent OF the Senate. His power OF
removal till the passage of the civil tenure act,
has never been seriously questioned. This law
was passed, and President Johnson vetoed IT,
It was then passed over his veto, and thus be.
came the law. The statute Is therefore the Law
OF the land until declared unconstitutional By
the Supreme Court OF the United States. Nov
comes the question how to get 1t before tn,
court.
That the Supreme Court Is the arbiter to de
eide the constitute onality of all laws Is an ad
mitted and an established fact; but the method
by which questions Of this sort may be brough
there and an carly decision obtained, are not &C
clear. Hence the dead lock that now exists II
is said and not alone by Democrats either, but BY
some Republicans and By several Republican
newspapers, that the Prcsidenfs course in ap
pointing General Thomas to supercede Mr.
stanton in the War ONCE was the only way h,
could do TO test this question; that he believe,
his executive prcrogatives trespassed upon b!
the tenure Of Office act, and felt 1t to be his dut
to take the course he has taken. That Is, Ii
plain English, the President of the Unite
states is driven to the necessity Of violating
law in order to maintain his Presidential pre-
negatives. II such difficulty Is inherent In GU
supreme law, and cannot bo surmounted withou
compelling the Chief Magistrate of the matte
to violate the statutes, then indeed do we see tn
necessity OF a speedy change in the Constitutio
itself
William Shakespeare puts into the mouths o
Bassnnio and Portia words which htly describ
and condemn this notion which is now so niI
PANTY advocated by some Of our people an
newspapers Bassanio's appeal against Shy
lock is in these words: "AHd beseech you wres
once the law TO your authority To do gres
right, do little wrong, and curb this cruel dev
OF his will" Portia replies: "It must not b
There is no power in Nenicec an alter decree c
tnbIlsheL. Twill be recorded for a precedent, al
many an error by the same example will rush in
the State. 1t cannot be-" The highest moral
OF the land, and the purest and ablest statcsma
ship of the nation, must set the seal Of NOR
rcpEobatlon upon this mischieyous notion.