Brownlow's Knoxville Whig. [volume] (Knoxville, Tenn.) 1866-1869, 1868-03-04
Sound Advice from q Veteran Demo.


The Washington correspondent Of the
New York Herald writes concerning the
views of Hon Robert J. Walker in regard
to the present difficulties, and the powers
of Congress and the President:
have Just had an interview with Mr..
Robert J. Walker in relation to the rumored
INSTRUMENTATION of General Emory, the
commander fthis department Mr.. Walker
is the legal adviser Of General Emory, and
made to me the following statement sub
stsptially:
Early on Saturday morning (about ten
oclockl Mr.. Walker was called upon by
General Emory, who informed him that
there was some danger Of collision OF
force between Mr. Stanton and General
Thomas growing out Of the issue of con-
Trajectory orders by Mr., Stanton and Gen
eral Thomas
q He reminded me-" said Mr. Walker,
t" that some time last year, upon his request
for my opinion, Gen. Emory had eoncurred
in the view that no order relating TO the
military operations could be issued by the
President or Secretary Of War except
through Gen. Grant, under the act Of the
I'd March, 1867, and that any such order,
except through General Grant, would be
null and void, and he requested me to call
on General Thomas and prevent the issue
of any such order called Immediately
upon General Thomas, early on Sunday
morning, at the War Office, and commune
Gated to him in friendly way my opinion
that any such order would be nulllty,
and would subject him TO serious conse-
quenoes, especially if any such collision
should occur told aim that he had no
right. nor had the President, to disobey a
| law of Congress upon the assumption that
| Il was unconstitutional and that if this
were not 60 the President might set aside
all the laws of Congress since the tounda.
ton Of the Government upon the ground
that they were unconstitutional. The Pres
dent possessed no such power, because 1t
was not an executive, but exclusively a
iudioial power, and that all the laws Of Con-
rress must be obeyed and executed BY the
President unless their execution was re-
strained by the highest Judicial authority,
That 10 declare q law unconstitutional was
not only the exercise of judicial power, but
the highest judicial power, and only TO De
resorted To bv the courts whore IN their
iudgment the act was clearly unconstitu-
tionaI and that in al doubtful eases the
court had uniformly refused to interfere
with the execution Of the law ! urSed
General Thomas very strongly not 70 lssa 2
anv such order, except under the terms OF
the law. and required by it, through zen,
eral Grant. and 1stated that was informed
bv General Emory that General 6ra3t ana
officers Of the army generally took t1e
same view Of the subject, and that no useful
purpose could be accomplished by his IS
suing such an order, bat that it might IN
volve the country in civil war and vide
snread ruin. farther told him that II be
or the President had any remedy i was
with the judicial tribunals, and l begged
him 10 see the President at once upon the
subject, which General Thomas said be
would do, informing me at the same time
that he would not issue any such order ex-
cept through General Grant. imHaeo l.-
/ IL communicated this information 10 zen
/ eyral Emory. By whom General Thomas re-
sainsion vyas made known 20 General esr'.,sa
Wiz, expressed his great ssstisiset,sss
sas Or, Sunday Afternoon Was ifsiofin-