Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1868-04-07


The Constitution In these eases withou
perjury, on any preiext short Of over
towering force2 The action OF a two
thirds majority which violates these pro
visions certainly has no solemn''y OF
force which does not pertain as we'll e
any other possible means OF accomplish
ing the same result
The Constitution declares that THE
right of the people to keep aud bear
arms shall not be infringed," that mo
soldier shall 10 time Of peace be quar-
tered in any house." that no person
shall "be twice put in jeopardy OF life
or limb" "nor shall be compelled In
any criminal case to be witness against
himself, nor be deprived Of life, liberty,
or property without due process OF law
nor shall private property be taken for
public use, without just compensation;
that sin suits at common law where the
value in controversy shall exceed twenty
dollars, the right Of trial by jury shall be
preserved" and that excessive bail
shall not be required, nor excessive
fnes imposed, nor cruel and unusual
puuishments inflicted" Now, suppose
a bill to pass enacting any one or all
these forbidden moustrosities by. a two
thirds vote over the Presidents veto, is
he to excuse himself, obey the unconsti-
tutional enactments and go on and
enforce them, only because the Constitu'
ton declares that what it permits to be
enacted, if necessary in case of veto,
shall pass by twoahirds msjority over
such a veto7 Ifthere is any escape from the
conclusion that such course wccid "a
criminal negligence or malpractice in the
incumbent of the Presidential Office, we
are unable to see what it is.
To say that the President may wait the
decision of the Supreme Court in so plain
a case is to charge the Constitution with
being enigmatical and obscure, when it
is. Hin its declaration Of rights espe-
cially, as clear as the decisions of the SUI
nreme Court can make it. When the Con-
gress passes aner post Jacto, or other for
hidden law, as above described, if with
ont the Presidents consent, it becomes
his duty to resist at once-if with his
consent, then it will be the duty Of the
Supreme Court to do the same thing on
a case being made for its decision. To
say that any power exists under the
Constitution to violate its main provis-
ions, is to say chat no restrictions over
the power of msjorities we're intended by
its trainers. The President must exc
cute the Constitution according to its
plain intendment. In the language of
Attorney General Speed in his opinion
ON case submitted to his consideration
by the Secretary Of the Treasury in
April 1865. at is his duty to do all
tina. be has lawful power to do when the
occasion requires an exercise OF his
authority. To do less on such an occa'
sion would be pro tanto TO abdicate his
high office. The Constitution is the su-
preme lava law superior and para
mount to any other. If any law be re-
pugnaut to the Constitution it ia void.
In other words, it is no law. 1t is the
peculiar province and duty of the Judi
cial Department to say what the law is
in particular cases. But before such
cases arise, and in the absence Of au-
thoritative exposition ofthe lac BY that
department, il is equally the duty ofthe
officer holding the Executive power o the
Government to determine for the purpose
of his oDn conduct and action, as we'll
the operation Of conflicting laws as The
constitutiopality Of any one"