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

Chairman Of the House Com. on The Judiciary.
We have case before us, its elements known and
its quantities ascertained, and | am in favor OF
wipng it from the executive blackboard by an
Impeachment OF the criminal who placed it there.
Its presence is source of regret to me- as it must
be of modification to the people of this Repub-
lie; but will face it as they will meet it, by as
serting the subordinaton of the President TO the
law of the land. He is not maker of law, nor
Judge thereof; and il is enough for him to know
that the Constitution which he is sworn to pre-
serve, protect, and defend,n says that "he shall
take care that the laws be faithfully executed. y
What laws? Those which are passed in pursuance
OF the terms OF that Constitution which he is
sworn 10 preserve, protect, and defend" And
how are these laws to be passed? BY the two
Houses Of Congress- with the approval of the
President, or in such case rs he do not approye
he shall return it, with his objections. 10 that
House in which it shall have originated, who shall
enter the objections at large on their journal, and
proceed to reconsider IL = and g il after such re-
consideration two thirds of the House shall agree
to pass the bill ii shall be sent together with the
objections, to the other House, by which it shall
likewise be reconsidered, and If approved by two
thirds OF tina, House it shall become q law What
kind OF law5 One which the President &c shall
take care" that it Z" be faithfully executed"
The Constitution does not make him Judge of
the law, but an executor thereof, and he is bound
10 execute that winch the lAW-lnaking power de-
crees to be the law Of the land. Whatever may
be his opinion OF the law as mere individual men,
Der of the national family, he is bound to Weld il
to that higher duty which the Constitution imposes
on him an officer of the State If his conscience
forbid he may resign the trust but be has no right
to retain the power of public officer and subor-
dlnae that to the judgment of a mere individual
member OF the community or nation which has
clothed him with executive power for the enforce
ment Of its laws. As an individual be may be us-
tilted in an assumption of the risks attendant upon
dlsobediance of the law; as a public officer no
such plea can be properly entered in his behalf
Tor he IS not only sworn to execute the law but he
also possesses the right of resignation. II his
conscience will not permit him to execute given
law he may resign his trust and leave to his sue
cessor the performance of duty which his iudq-
ment as an individual will not surrender TO his
obligations as public officer A willingness TO
submit to the penalty prescribed for the violation
OF law may, 20 some extent, excuse disobedience
on the part Of private citizen, and at the same
time avail nothing to the public officer. The lat
ter may at any time, by resignation become pri-
vate citizen, but the former cannot become pub-
he officer in this country except by the sufIrages
OF his fellow citizens If he accept the result Of
their sgiirages, he merges his individuality into
That ofhcia creature which buds itself by an oath
as an executive officer to do that which as a mere
individual, he may not believe to be Just, right, or
constitutional. Such an acceptance removes him
from the sphere of the right Of private judgment
to the plape OF the public officer and binds him
to observe the law, his judgment as an individual
to the contrary Notwithstanding.