Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-04

now pre- des was rsting, upon lust as fragile
a tonheanon, ana had been decided against
them by The Supreme Court thirty years aso.
In the case OF fendall vs.. the United States the
plea was set mp that n was eompeteut for the
President to violate law for the purpose OF
obtaining judicial decision the Supreme
Court decided that such plea had no counts-
nance in the Constitution that IL weuld para
lyxe the Goyernm, Mt, and give the President
the power TO resist the legislation of Congress
at his pls asure. Now was il not enough 10 try
othe utmost the patience of this Srnate when
IN the face Of this decision thirty wears ago,
the counsel presumed TO get up here and
set mp such plea. Again the ex-At
Iorney General Mr.. Stanbery) had endeavored
TO support the strange claims assumed
by the President by quitting the opinion
al the present Chief Justice (Chase) on the
Mississippi case, which had no NOR 10 do
with this case than the Koran of Mahomet
Speaking of such attempts as this, DANIEL Web
ster mad resisted them as an insult TO n mans
reason. Mr. IL. stated that he agreed entirely
with the opinion delivered by the Chief JUS
uee IN the Mississippi case, and quoted from IL.
and repeated that IL had nothing whatever to
40 Win the principle involved in this case. liz
was no excuse for the President setting aside
the mandates of the law, and none Of his coun-
sci nave the audacity TO assert thai there is any
olscreflonary power in the act of March II,
1867, but claim that ii i. an unconstitutional
law, and he had the right to violate N for
the purpose Of obtaining a political decision;
and TINS IS the very point which was set
tied by the Supreme Court thirty years
age Are we 10 mutilate the Constitu-
lon, and lnterpolate words m il for the
benefit OF the President The Constitution
gives 10 Congress the sole power TO pass laws,
and imposes upon the President the duty of
executing them, not to execute them as It sufs
him, but to execute them all until they are re-
pealed, altered, or reversed by the action of the
supreme Court acting within the limits of the
Constitution. The fact which the Senate mas
10 consider when il comes To judgment in this
case, IL whether the President is above the law
and has the power to construe them judiciaIly.
Inc people Will tolerate no violation of the
laws. In The first rebellion against the laws i'm
pennsylvania, the President put down the re-
slstance without questioning il. When the
State OF South Carolina set itself MP m opposi-
tion to the laws, Andrew Jackson, President
OF the United States, although he believed the
law uncor sttutional, swore by the eternal the
Union must be preserve and executed the law
But there was an instance in our times which
attended the reference winch both rulers and
people pad to law The Fugitive Slave
law, which was the result OF that crime
OF crimes, which made merchandise of immor-
tality. which made chattel of man. a bill M
Wmch even God stood silent; a bill which for
bds us 10 give shelter TO the houseless: a bill
which Daniel Webster said he believed was
without the pale of the Constitution: a bill
which the people obeyed when Anthony Burns
walked IN chains under the shadow of Bunker
Hill; bill which the representative of the
party IN 1852, in convention in Baltimore
passed resolutions that no discussion should be
tolerated on; bill which he (AIr. b. had never
supported: bill which was q blot upon the
American name; bill which a Pres ident elect
ed by the votes of all the States of the Irnion
promised to obey while 1T was a law; and then
Ialk 10 MN tnat II Is the practice of the Govern
ment for President 10 interpret laws Iu-
dicially. bill under which i'm your
own (the Chief Justices beautiful city, Narga
ret -, pursued by a band of flesh hunters
with her babe at the breast forgot the ma
ternal instinct and sent the soul Of her nfant
into the presence of its Maker, rather than il
shotild go back TO the hell Of slavery Aud
then the name of our martyred President has
been brought forward here as a defense for the
acts OF Andrew johnson. Could they not have
lett our murdered President alone. Why should
they want To blacken his name. TO sully ms
virtues, and dim his patriotic record Was he
not the man who had said Of this very fugitive
slave law, that while il was on the statute
books II must BE- observed as other laws His
voice was now silent in the grave, and he could
not answer fer himself. But they say he sus-
pended the abeas corpus. Well. does not every
man know that in the midst OF war the laws
are silent Do they, not know that rebellion
FORCED this upon the President that the life OF
the nauon was at stake, and the Constitution
Ilust De preserved. Well, they say again, you
passed indemnity laws. He had himself drawn
up the indemnity law, and ii was for the pur-
pose OF legahzing the acts which Were neces-
sary 10 suppress the rebellion. This was no
new thing in our history. Indemnity acts had
bt en- passed before, and he did not care 10 argue
upon this point. 1t had become universally
aeknow iedged that the public safety was the
highest law.
AT this point, IS p. m..) on motion of Sem
ator Shel man, the Senate took a recess.
HOUSE OF REPREsENTArIvEs.-Th House
was called TO order at l2 o'clock
After prayer by the Chaplain, Mr.. Window,
(Minn. )rose in his place and said he desired 10
offer IS question of privilege. the resolution
suggested by himself on Saturday
Ihe Speaker suggested that in order 10 avoid
uelay ing the Senate the resolution be Withheld
until the return of the members from the Sen
ate chamber.
MI. Washburpe CIll.) said he had a resolu-
ton he desired to offer.
The Speaker said as business was 10 no
transacted this afternoon, he would request
gentlemen to Withhold their resolutions
ihe House then resolved itself into commit
tee OF the Whole and proceeded 10 the bar of the
Senate.