New-York tribune., 1868-04-23

the full execution not only Of the powers vested in Con-
pl hos s.o S wc by the are
IN the executive and judicial departments The legislative
tufon by which It can set and keep itself in motion
branch Of the government while the executive and JUDI,
capacity, but are constantly dependent the legi.
atve apartment Nor does follow as might upon sght
the President Is unlimited PoHer or that answers or
to the aSsr Ses1 0r may The ne
Presdent the United States is not endowed by the Con-
BY Henry Viii or Queen Elizabeth or by any ruler in
any other country time but only with the power eS
other powers have been conferred upon hin ny Con-
gress for the purpose OF carving INTO ehees enc
Hence il may be asserted that whenever the President
attempts TO exercise any power he must ms ng DC
laws BY Constitution he is Chief Of
the army and navy but t Is for Congress 70 decide IN
and the President command the army aud navy as
is created by Congress aud subject as y every otes
officer OF the army navy TO such rules ana regulations
as Congress may from time to time establish.
The President may require the opinion 10 wrl,ng oi
upon any subject relating 10 the duties their respective
Offices" but the executive offices are created
by law. In fine, the power TO set the Government III mo
ton and to keep 1t In motion lodged exclusively IN Con-
gress, under the provisions OF the Constitution. ,
BY system of government the sovereignty s IN inc
expressed In the preamble TO the Constitution by the
Constitution the people have vested discretionary power
While thew have denied to the executive judicial do
pariments all discretionary or implied power Whatever
Consttmon upon Congress have been clearly and fully
set forth by the Supreme Court cCnllOch vs. Tue oae
IN sSaRSs Of The power Of Congress say: "The govern
which has right to do an act ana mas imposed on
dictates Of reason. be allowed 10 select the means"
Again, they say: We admit as all mnst admit that the
limits not 70 be ranscended but We think the sound
construction Of the Constitution must allow TO me ma
JSgi 0f,frsf
means by which the powers cohiers are 10 De e,ea
the high duties assigned the manner most bene-
lcal TO the people Let the thing be legitimate let oe
within the scope Of the Constitution and all means which
are appropriate, which plainly adapted 10 the end,
which not prohibited and consistent win me letter
and spirit OF the Constitution are constitutional
III Is also worthy remark this connection thar the
article which confers legislative powers upon tue Co-
gress Of United States declares that al legislative
powers herein granted, that is' granted ~ t3s
Constitution shall be vested In the CongrsSs OF .,
the powers OF the President Is declared tat ht rhfen
tive power shall be vested In President OF the United
states of America The inference from this distinction Is
IN harmony with what has been previously stated Ibe
executive power spoken OF is that which Is conferred
upon the President by the Constitution and Is limited by
the OF the Constitution, and IL nsl DC exercised III
tile manner prescribed by the Constitution Ihe words
be interpreted according 10 their ordinary
meaning. . 80. ,...t,..,.. T.,
terms denies 10 Congress various save powers speci
fed IL denies also the United states various powers
and various powers enumerated are likewise denied 70
the States There but denial Of power 10 the Pres
dent and that limitation Of express power granted
provision OF the Constitution wherein he II au'
thorzed TO grant reprieves aud pardons Tor oneuses
against the United States except IN cases of inpeach'
ment" the powers granted to the President ale hpec
fled, and he takes nothing by imptaiion or inference.
there occasion 10 recc or enumerate the powers
not delegated To him. As the Constitution clOhes Con,
gress with powers OF LEGISLATION WHEN are bsr dopo 1o a
tuniy for the exercise of Wide discretion was neces
cary TO specify such powers as are 70
The powers OF Congress Bscertned ny conuelug ~
well what Is prohibited as Mat Is granted Whlo the
powers OF the executive are TO Dc aceraned clearly anu
NIL by ia
Inference Implication, discretion there IS no necessary
for clauses or provisions Dh bon In the single
OF the grant ful power Of pardon TO the Pref
dent. power un mited In ats very Dature te denial oi
the power pardon In Of Impeachment became ne
cessiry. This example fully illustrates aud establishes
the position to which now ask your assent II ths view
I've correct follows necessarily has been before stated
that the President acting under the Constitution, cnn tI
ercise those powers only which are specifically eonierTsd
upon him. and take nothing by construction, by I'M
pcaon, or by what is sometimes termed the necessity
at in every government there should be in IT. eonst
tntion capacity 20 adapt re ~, V ~ i Cavern
ment United states this eHpacitys found IN So
res in virtue Of the provision already qoted " TISn p
necessary and proper for carrying into execution tne
foregoing powers g. e. e PS~s t6, eSsn eEoesOn NJ x IL:
Government OF the United States or III any department
II Is made inc duty OF the President. "from time 10
time TO give the Congress information OF inc STATE oI
the Union, and recommend TO their con'deluo sueh
INC asures lie shall judge necessary and ekpedlcnt
Provision is also made Ia the Constitution ioI his 80
ypWsr To- lay before Congress the which, in his
5oinon may at any time EXIT for legislative action In
ton upon the President: ard under the ample legislative
powers secured 10 Congress by the provision aIehuy
inent WHY the constitutional and lawful powers OF the
Executive may not be made adequate to every elner
gency OF the country In fine the Presdent may be sara
10 be governed by tie principles which govern the judge
in court OF law. lie must take the law ana administer
IL as he finds without any inquiry on his part rs 10 he
wisdom OF the legislation 80 the President with refer
ence to the OF his own power must tnko the
they are, and be governed strictly by them.
IT, In any particular, by implication or @ @
by the Constitution or the laws e violates ms ohth GI
Office by which, under the ne Ions nv taitty eHeeGfed
which implies, necessarily that ne can go INTO 10 lhquY
as whether the laws cxpedet OF otherwise hOr
IL within his province, ~ the execution vi the IaM Uton
slider whether II Is constitutional In bis communications
to Congress he may consider anu aD and wSen hin
u passed by tho two Houses and submitted 10 nun lor
approval he may II In his opinion the same ID uuconst
nonal return il 10 the house which 1t originated with
his In the performance OF tese duties Le e1
IT. notwithstanding his objections Congress, by two
thirds majority n each House, shall pass the bil II
then the Of the President TO obey ana execute IT, as
It B his duty 10 obey and execute all laws which he Or
his predecessors may have approved
II law be In fact UNCONSTITUTIONAL IL may be repeated
by Congress 1t may, when case duly arises, be an-
nuled In its unconstitutional features by the Supreme
Court OF the United States The repeal OF the law Ia
Legislative act the declaration by the court that II Is u
constitutional Judicial act but the EGTer, TO repeal
In no aspect OF the executive power IL Is male
the dat Of the Executive 10 take care that the laws be
with the theory that It is III the power OF the Executive
o repea or anu dispense with the laws Of the land
TO lie President In the performance OF hts executive du
ties an laws are alike lie enter into no inquiry as
fo their expediency or consttutonalty All laws are
presumed 10 be constitutional, and whether In fact
constitutional or not. It is the duty ot the Tx tx,
ecutiye so TO regard them while they have
the form OF law. When statute ls repealed Tor
s sunconstitutionay for any other reason ceases
10 be law in form and fact When statute annneu IN
whole or In part by the opinion Of competent judicial
tribunal from that moment ~ ceases 70 be law But the
respondent and the counsel for the respondent VIII seek
I'M vain for any authority color OF AUTHORITY ln tle