Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1868-03-04

an act passed by Congress the act must be again
considered and have the assent Of two-thrds OF
both Houses. When this has been obtained the
law then attains precisely the same force and va
ldity as II it had the assent and signature OF the
President. When the President has performed
his duty by returning the bill 10 Congress with
his reasons for refusing his assent, his power, as
part of the aw-making department, is exhausted. |
II, notwithstanding his objections, it receives the
sanction 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 Excel
utive is a coordinate branch Of the Government
and has the right to Judge Of the constituionality
Of the laws Of Congress and determine for himself
whether he will enforce them or not as an cxecu-
tive officer. is utterly fallacious. The Constitu-
ton defines exactly the extent Of his power to
prevent the passage of laws which he regards as
injudicious or repugnant to the Constitution. Be-
yond 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 utter
" subsersve Of our whole constitutional system
and frame of Government That the President
verify believes that this law is in derogaton oil the
Constitution | am not prepared to deny. But is
that any legal excuse TO him for violating III II
is settled principle, not only in civil, but also In
criminal luflt1TuUtNVft NUdN no one can De tNCuhtu
from the legal consequences OF his acts account
Of his ignorance Of the law. With far less reason
can any one claim exemption who has the fullest
knowledge, but arrogates for his own constitution
al learning and judgment superiority and domi-
nation over that OF two-thirds Of all the Repre-
seDtatiyes Of the people in both branches Of Con-
gress, acting in view and upon consideration of
bis constitutional objections.
This very law has been one Of the occasions of
difference between the President and Congress.
He denied, as he bad the right to do, their con-
stitutiona power to pass it. Notwlthstanging his
views the law was passed over his veto by the con-
stitutiona majority. Could the President have
expected that an open and palpabe defiance and
violation Of that law would be or could be endur-
ed from him without attempt TO enforce its PEN
allies against him2 If SO lac must have strangely
calculated upon their personal and official forbear-
ance.
But, in my Judgment, there are involved in the
consideration Of this question far higher and more
important consequences than by whom the duties
of War Secretary shall be performed. / have
high personal regard for the Secretary of War
in common with all my countrymen | honor him
for lis invaluable services during the late rebel
lion | should regret for any cause to see his
place filed by another.
But all this becomes insignificant when we look
at the principle involved in this violation of the
law by the President. 1t is now to be decided
whether the people, by their Representatives, in
Congress, arc to make and establish the laws by
which this country is to be governed, or whether
they may be set at naught aud defed by 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 dgniied
course in such a case against such an offender, is
to present him before the high tribunal provided
for in the Constitution for trial. No one will vote
for this resolution with deeper feeling of regret
and than ruvqal IL otbo
ticable way of asserting and protecting what re-
gard as the rghtful powers and prcrogatives 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, and feel that in voting against the
/ pending resolution | should surrender that which,
| as a Representative Of the people, i have no right
/ to surrender-the right Of the people, through
their Representatives, to establish the laws for this
nation. In this vote feel sure that | am not ac-
tuated by any partisan feeling any motive I'M
worthy of judicial consideration. | have regretted
that the debate has assumed, to any extent, a POI
htlcal or partisan aspect.
Much has been said as to the political conse-
quences and the effect upon the people Of putting
the President upon trial for this violation of law
confess have spent very little time in consider
atoms of that character, but have very little fear
of i'll consequences from that quarter. The peo-
pie of the United States, as an aggregate, are an
intelligent and law-abiding people. If man il
fairly prosecuted and fairly tried, whether the re-
suit be conviction or acquittal, the people acdui.
esce. They will not tamely submit to see perse-
cuton or injustice under the forms and names Of
law; and any party who should attempt such a til
al as party measure for party purposes would feel
heavy weight of popular indignation. But il
the people are satisfied that law and Justice are
fairly administered, feel not the slightest doubt
but they will acquiesce in the result as readily a.
| in the case OF the smallest offense or the humbles
offender. If the result of this days vote shall b,
to present the President for trial at the bar of the
Senate for this alleged violation of the law, can
| not doubt that every member of that body will
endeavor to divest himself OF all partisan and DO
ltical bias and bring TO the consideration OF tn
case all the judicial fairness which any tribuna
could exercise Then, of course, the validity o
the law which the President is charged with viola
/ ting will be open to consideration as before an
other judicial tribunal. II it should prove to b.
1 but case of mistaken construction, so as to des
troy any unlawful intent that defense will he Their
properly available. If the result shall be Judi
cial trial before the Senate, trust it will be re
membered that though the legal result may be hna
there upon their judgment and record, in hghe
sense there is an appeal to the public judgment
not only of this nation, but to the whole world
and that for their own credit, now and in history
it behooves them that they see to il that thei
Judgment rest upon such firm foundations that i
may stand the test OF the public Judgment bot
i now and harna1er