The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-05-21
9Th: JEFFERSON
edward LIVINGSTON, ESQ,

| peTScElO6Q.
| Free.
9Th: JEFFERSON
edward LIVINGSTON, ESQ,
"Mayor of
New York"
Mr.. Livingston was, at that time
United States District Attorney at Ne"
York as we'll as Mayor of the city
Toe pertinent bearing of the letter oil
the impeachment of President johnson
will be manifest on perusal:
WASHINGTON, November l, loOl.
"DEAR SIR: l some days ago received
a letter from Messrs. Dennlston d
Chetham of the most friendly KIND
asking the general grounds on which
the nOllc prOsequi in Duane's case ough'
to be presented to the public, which
| they proposed to do. You are sensible
| | must avoid committing myself IL
that channel of justification, and thai
were to do it in this case, might be
called on by other printers IN other
cases where it might be inexpedient tc
say anything. Yet, to so civil an ap'
pllcation, can rot reconcile myself 70
the incivility of giving no answer.
! have thought, therefors, of laying your
friendship under contribution, and ask
ing you to take the trouble OF seeing
them and saying to them, that the qHes,
tion being in the line of the law, had
desired you to give them the explana'
tion necessary. My text ofexplanation
would be this: The President is to have
the laws executed. He may order an
offence then to be prosecuted. If he
sees q prosecution put into a train
which is not lawful he may Srdel
| it to be discontinued and put in
to legal train. l found a prose
cutiOn going on against duane
for an offence against the Senate
founded On the sedition act. GWrM
that act to be no la'C, because in opposition
to the Constitution, and / shall treat 1t as q
nullity uhereuer il comes in the tCay Of my
functions. therefore directed that
prosecution to be discontinued and a
new one to be commenced, founded on
whatsoever other law might be in exist
ence against the offence. This was
done, and the grand jury, finding nc
other law against it, declined doing
ANYTHING under the bill. There appears
to me to be no weak part in any of the
positions or inferences. There is, how
ever, in the application to you to trou,
BILE yourself with the question. Fol
this | eve apology, and buildit on your
goodness and friendship. Health and
happiness cum cdGtertS rOtis.
9TH. JEFFERSON.
EDWARD LIVINGSTON, Esq,
1t is clamored by thousand Radical
tongues, and daily asseverated in all
their public journals, that the Presi'
dent is bound to execute all acts OF
Congress, whether they are constitu,
tional or not; and that until they are
adiudged void by the Supreme Court
it is high crime for him to make any
distinction between acts consistent
with, and acts repugnant to the Con
stitution. This absurd pretence has
been again and again exploded by ar
gument, and never, perhaps, with more
strength and clearness than by Mr.. Ev-
arts in his admirable speech. But ex-
ample is more impressive than doctrine;
and as jefferson is rcvered as one OF
the most patriotic of our Presidents, 1t
is preposterOus to call that-a crime in
Mr. johnson which was esteemed an
act of public virtue in him. Jefferson
believed the Sedition law to be void for
repugnance to the Constitution, and he
SO treated it, Notwithstanding that it
had never been set aside by the Supreme
Court.
In Duanes case, President Jefferson,
| instead of ordering a nelte prOSeqW
might have left the prisoner to his nat
ural line of defence in arguing, by his
counsel, that the law was uuconstitu-
tional; and if the court below decided
against him, appealing to the Supreme
| Court. But Jefferson took a different
view of his sworn duty "tO preserve,
protect, and defend the Constitution
Believing the law to be an infringe
ment of the Constitution, he treated it
as completely null at every point where
he came into official contact with 1t;
thinking himself under no obligation to
wait for the opinions of the judiciary
If, therefore, President Johnson has
committed crime, President Jefferson
committed much greater crime. Mr..
JohusOn merely intended to put things
in train to get a judicial decision; JEFF
ferson held an unconstitutional law III
too much contempt 70 suffer it to 90 in
to court.
The impeachers say it is the duty of
the President to execute the laws. I'm
questionably it is. But an uncOnstitu-
tional act of Congress is no law; and
being no law, the President is not
bound to execute it. If fCongress should
pass law creating an order of nobility,
would the President be bound to exc
cute that fit should pass law lay
ing duty on exports, would he be bound
to execute it, 1t is written: "This
Constitution, and the laws of the Uni
ted States, which shall be made in pur-
suance thereof, shall be the supreme
law of the land;" but laws which vio-
late the Constitution are perfectly null,
and bind nobody. The Constitution is
mere waste paper, and the will of Con-
gress is absolute, if all acts of Congress
are alike binding, whether they con-
tliet with the Constitution or conform
to it.