New-York tribune., 1868-04-10
PRICE FOUR CENTS.


OF his duty; his idea Of his duty that II law passed
over his Veto which he believes be unconstitutional,
those whose affected must take care o them
and must raise questions concerning them II such law
affects the interests OF the people, the people
Of them at the polls in constitutional and proper
law has cut of rower eonfded to him, and when he
alone rase that question, and be alone
the Government to see which Of them is right. and
when, after due deberaton with the advice OF those
opinion that such Is the character Of the law il remains
TO be determined by you whether there is any violation
provide hat the President Of the United states shall
not make treaty with England, or with any other
tiona power and il an occasion when such treaty
expedient desirable or necessary In his judgment
would be his duty dsobey the law and the fact that
would be declared high misdemeanor he disobeyed H.
no relieves him from the responsibility through ths
from that responsibility by 6ribe suppose aw ~
that he shall not be the man IL ss ss
CONSTITUTION which has conded TO him that command ia
country shall Be s highest % civil magistrate and that
ssen % may aays Be superior to arm arms Suppose & se
which have spoken Of by bringing il to judicial de-
eson It may be sald that there plain cases Of az
is the difference between q power conferred
upon p =, the President by the express words Of
him by clear implication of the Constitution
Where does the power come from to limit Congress in
assigning Original jurisdiction to the supreme court OF
which Congress acts come frcm in the Constitution
Except by fair Implication whence do you derive power
from U office o without the s Consent Is It Expressly in
the Constitution, is II an implication from some OF he
line to limit the duty Of the President simply because
power derived from an implication of the Constitution
to e 4 from m the RFssaen on
consider the question II he should be Of the opinion
that necessary for the public service that the 9ues
ton should be decided he should take all competent aud
proper advice the subject and when be has done that
II he finds that he cannot follow the law in particular
TO have been conided to him by the people, it Ia his to
conviction that it is his duty TO assert the power
And although the President does not perceive nor do s
counsel perceive that ii is essential to his defense IN this
maintain this part Of the argument, neyerthe
less If this tribunal should be Of that opinion then tbs
tribunal before all the people Of the United states and
before the civilized world he asserts the truth OF that
position. am compelled now to ask your attention,
weighed on the mind OF President led him
clude that the power OF removal was one Of the powers
Indicated endeavor protect It. IL is rule long
settled existing suppose IN the laws OF all eiynyed
of government which have consulted, that eOtem-
porary exposition made by those who are competent
gyei construction is OF very great Weight and thai,
when such contemporary exposition OF the law has been
made and has been followed by actual and practical
construction, has been continued during long periods of
time and applied TO great numbers OF cases, II s aftef
ward too late to call In question the correctness OF such
Lord Coke folows Great regard ought IN constituting
law be paid TO the construction which the sagcs who
lived about the time or soon AFTER vas made pat upon
it, because they best able to Judge Oi the intention
Temperance eIpositio fotisSiBd Ia iege. Mr. Curtis
then read from Chief Justice Marshars Life Of Wash
sentaves on bill the subject in l7s9 when Mr..
offered amendment TO the effect that the Of
pre- vailed. he would TO strike out certain words
yeying the implication that it was subject OF legislative
power The motion seconded by Mr.. Madison. Both
amendments adopted and the bill passing into alaw
had been considered the sense OF the Leg
atiye Department this subject. Mr.. Curtis eontlD
ued Some ausOn has been made to the fact that THIS
law passed only by action of the Vice President
subject LIE
VcePresident Adams by his grandson vol l. pages ts
tanned OF what that debate He terminates the sub
ssse reasons be saws THAT the Vice reasons, ~ef.
not committed TO paper however ad can therefore Ee'sr DC koo
DOUBT" Sos '-'" '4''-'' ''''''" ''-'>'
refer to first storys Commentaries on the Consttn-
ton section 4lS 10 will there be Qud that the learned
commentator considered a c0teD Srary cOnstruetono or
the Constitution which he there describes OF very
Curtis read the extract the effect that the expo
ston Of various departments Of the Government upon
the same recommendation that belong. 70 !. law
made in ss with the tests which are here suggested by
the writer it will be found in the FIRST place that the pre-
deep VI its Importance for 1t was seen chat
the decision was not to aeet ths Few cases arising mere
would enter deeply into its practical ana daily admins
as such determination could be entertained and carried
effect thereby 10 fix the system for the future and
admitted been exceedingly well qualified for Their
task There Is another RUE 70 Oe S S i Ibs onn
continued practical application OF decision Of this
4 law is confded is of decisse weight. | will borrow
again from Lord Coke" OpiaWs Legun terpres eo's-
Shat fopwed this original decsonf From IIsg down
1904 every senator every President and every Congress
participated and acted under the construction oil tLe
government. In l7s9 not only was the Government 80
conducted, but u was subject sneehty Gseuse1 SSs
such question had existed, had been settled III ths
ana sysrySSdr aa IssR Eno% ey we're so far from
interfering with this decision 80 far frOn expressing
lad grown up under il; well known that all part.s
ayored and acted upon TINS system
At this point 2:eO motion OF Mr.. EDMUNDs, are
,ess OF Is mnutee was ordered.
After the Court was as, usual slow III reassemp
At ga, o'clock. Senator MORRILL, of Maine moved TO
d IN drsWHg in the abscntees Senators MeCeey
and Patterson OF Tennessee Ouy voted leasenaor Nor
III A''''''eA MR. CURTIS RESUMES.
Mr. CURTIS continued, after recaptulatlhg the poIne
rhis subject which has been heretofore examined anu
passed upon udeay IN VERY dee.os c fs parteS
ar question which under ACKNOWLEDGEMENTS tho
alone or In the President and senate, has
eft u in part Leg atiSe power-but speak OF tho
udcal exposition OF such apactcs construction Of tho
constitution of the United States, originating IN the
way in which this was originated. continued IN inc
way which this wac continued ahd sahetloEeu III tho
way IN which this has been sanctioned There was
,ery early which arose soon after the osdmzauon
GOvernmentGnd reported under the name ci SteN
.rt against - ufrst Craneh's Reports, 2Jol II IN.
,Olvcd question concerning inc lhtcipIctdNC+t Va
he Constitutions to the power which tue Legislature
ad assign the Judges OF the Supreme Court certain
utes from that time the decision Of the case of
agt. The Port Warlens OF Philadelphia, reported IN
Le l2h Howard 3l5, period Of more than f century
There has been series OF Judicial decisions on the TACT VI
uch a cotempOraneous construction OF the Consutu-
ION, followed by such practice in accordace win II.
md IL l. now a liked and settled rule winch 4 think
aWyer will undertake cOnrOyert; that the cnect "
uch a construction is not merely to give weight 70 an
rgument but 10 fix interpretation and accordingly
Will be found by looking into the books written by
nose cogniZan Of the subject that they have
considered and held beg leave TO refer 10 the most