Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1868-03-06

over the law itself, and surrender by Con
gress to the President Of the constitutional
question involved in the passage Of the law
| cannot. therefore, allow myself to treat this
as a question of honest difference of opinion
between the President and Congress on the
construction Of the law, which | agree would
not, in my judgment, be a good ground of
impeachment. ] treat it as | think the Pres
ident has treated it, as involving the ques-
ton whether the President is bound by the
laws enacted by Congress by the constitution
al majority over his constitutional objections
am aware that the extent of the presi en-
tial power to remove officers, to whose dap
pointment the consent of the Senate was
requisite. has been, from the formation of the
Constitution, much debated and controyer-
ted subject In passing the tenure-of-oliee
act. Congress attempted 10 settle and define
the presidential power in this respect.
They acted in the Light Of the Constitution
itself and all the discussions and practice
and precedents under it. They determined
that by the Constitution the power of re-
moval was coextensive with the power of APP
pointment, and that where the consent OF
the Senate was necessary to the appointment
it was equally necessary in order to a remoy-
al and the law was enacted in accordance
with that view The President honestly be-
lieved, have no doubt that the law trench
ed upon his constitutional power Of re
moval. and he returned the bill to Con-
gress, stating his views and his objections
to its constitutionality On solemn recon
sideration of the bill, with the objections of
the President before them both Houses Of
- Il Il l.
branch. reenacted it. The Constitution
provides that in such event an act shall
become a law Notwithstanding the obicc
tons Cf the President. The President Is
not a part Of the law-making power of the
Government, except in this limited and
qualified sense if for any reason he refuses
bis assent to an act passed by Congress
the act must be again considered and have
the assent Of two thirds of both Houses
When this has been obtained. the law then
attains precisely the same force and valid
ity rs if it had the assent and signature Of
the President When the President has per
formed his duty by returning the bill to
Congress with his reasons for refusing biz
assent, his power, rs part Of the law-ma-
king department, Is exhausted. If, notwith-
standing his objections, it receives the sane
ton Of two-thirds of both Houses. it becomes
a law. and a law which the chief executive
officer Of the Government is bound to see
as faithfully enforced as any other.
The doctrine sometimes asserted that the
Executive is a coordinate branch of the
Government and has the right to Judge Of the
constitutionality of the laws Of Congress and
determine for himself whether he will en-
force them or not as an executive officer. Is ut
terly fallacious The Constitution defines
exactly the extent Of his power to prevent
the passage of the laws which he regards as
iniudicious or repugnant to the Constitution.
Beyond that he has no more power or right
to Judge of their validity than the humblest
citizen in the land his constitutional duty Is
to see that they are executed. The other
doctrine would be utterly subyersiye of our
whole constitutional system and frame of
Government, That the President verify be-
lieyes that this law is in derogation Of the
Constitution | am not prepared to DENY. But
is that any legal excuse to him for violating
it? 1t is a settled principle, not only in
civil, but also in criminal jurisprudence, that
no one can be excused from the legal conse-
quences of his acts on account of his igno-
rance of the law. With far less reason can
any one claim exemption who has the fullest
knowledge, but arrogates for his own consti-
tutional learning and Judgment a superiority
and domination over that Of two-thirds Of all
the Representatives of the people in both
branches of Congress, acting in view and
upon consideration Of his constitutional OBJ
iections.
1t is now to be decided whether the people.
by their Representatives in Congress, are to
make and established the laws by which this
country is to he governed, or whether they
nav be set at naught and defed bv the Chief
Magistrate of the nation. | feel that, as one
of the Representatives of the people, there is
but one course open. The only practicable
and dignifed course in such case, against
such an offender, is to present him before the
high tribunal provided for in the Constitu-
ton for trial. No one will vote for this re-
solution with deeper feeling of regret and
sorrow than myself. If saw any other prac-
ticable way Of asserting and protecting what
regard as the rightful powers and preroga-
tives of Congress, as the Representatives of
the people, the same reasons which induced
me to vote against the former articles would
weigh with me now. But do not. end feel
that in voting against the pending resolution
should surrender that which, as Represen-
tatiye of the people, have no right to sur
-ender-the right of the people, through their |
to establish the laws for this |
lation In this vote | feel sure that am
not actuated by any partisan feeling or mo-
i've unworthy of Judicial consideration. | |
nave regretted that the debate has assumed. !
o any extent, political or partisan aspect
f the result of this days vote shall be to
PRESENT the President for trial at the bar of |
he Senate for this alleged violation of the
w. | cannot doubt that every member of |
hat body will endeavor to divest himself of
all partisan and political bias, and bring to
he consideration Of the case all the judicial
airness which any tribunal could exercise.
hen. of course the validity of tho law which
he President is charged with violating will
e open to consideration as before any other
ldicial tribunal. If it should prove to be
nut a case of mistaken construction, so as to
estroy any unlawful intent, that defense will
c available. If the result shall be Judicial
rial before the Senate, trust it will be re-
rendered that though the legal result may be
nal there upon their judgment and record,
higher sense there is an appeal to the pu-
Tic Judgment, not Only Vi tnls ndtlOn, out
, the whole world; and that for their own
-edit, now and in history, it behooves them
rat. they see TO it that their Judgment rest
pom such firm foundations that it may stand
lc test of the puddle Judgment both now and
ereafter.
The fact that Thad Stevens wac born in
eachdm, (vt.) is suggested as one reason