Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1868-03-11

| as think the President has treated 1t, as
involving the question whether the Presi-
dent is bound by laws enacted by Congress
by the constitutional majority over his
constitutional objections.
am aware that the extent of the Pres
| ldential power to remove officers, to whose
appointment the consent of the Senate
was requisite, has been from the formation
of the Constitution, a much debated and
controverted subject. In passing the
tenure-of-office act, Congress attempted to
settle and define the Presidential power in
this respect They acted in the light of
the Constitution itself, and all the discus
sions and practice and precedents under it
They determined that by the Constitution
the power of removal was coextensive
with the power of appointment, and that
where the consent of the Senate was neces-
sary to the appointment 1t was equally
necessary in order to a removal and the
law was enacted in accordance with that
view. The President honestly believed, [
have no doubt, that the law trenched upon
his constitutional power of removal, and
he returned the bill to Congress, stating
his views and his objections to its consti-
tutionality. On solemn reconsideration of
the bill, with the objections of the Presi-
dent before them, both Houses of Congress,
| by more than two-thirds Of each branch
re-enacted it. The Constitution provides
that in such event an act shall become a
law Notwithstanding the objections of the
President. The President is not part
OF the law making power of the Govern
ment, except in this limited and qualified
sense If for any reason he refuses his
assent to an act passed by Congress the
act must be again considered and have the
assent of both Houses When this has
been obtained, the law then attains pre-
cisely the same force and validity as if it
had the assent and signature of the Presl-
dent When the President has performed
his duty by returning the bill to Congress
with his reasons for refusing his assent,
his power, as a part of the law-maklng
department, Is exhausted. If, notwith-
standing his objections, it receives the
sanction of two-thirds of both Houses, it
becomes a law, and law which the chief
executive officer of the government Is bound
to see as faithfully enforced any other
The doctrine sometimes asserted that the
Executive is coordinate branch of the
/ Governments and has the right to Judge of
the constitutionaity of the laws of Con-
gress and determine for himself whether
he will enforce them or not as an execu-
tive officer, is utterly tallacious. The
Constitution defines exactly the extent of
his power to prevent the passage of laws
which he regards as injudicious or repug-
nant to the Constitution. Beyond that he
has no more power or right to Judge as TO
their validity thas the humbleSt citizen IN
the land his constitutional duty is to see
that they are executed. The other doc
trine would be utterly subyersiye of our
whole constitutional system and frame of
government That the President verify
believes that the law is in decoration of
{ the Constitution | am not prepared to de-
ny. But Is that any legal excuse to him
for violating it? 1t is a settled princi-
pie, not only in civil, but also in criminal
jurisprudence. that no one can be excused
from the legal consequences of his acts on
account OF his ignorance of the law.
With far less reason can any one claim
, exemption who has the fullest knowledge,
but arrogateS for his own constitutional
learning and judgment superiority and
i domination over that of all the Represen-
tatives OF the people in both branches of
, Congress, acting in view and npon con-
sderation of his constitutional objections
This very law has been one of the oc-
casions of difference between the Presi-
, don't and Congress He denied as he had
the right to do, their constitutional power
TO pass it, Notwithstanding his views the
law was passed over his veto by the con-
t stitutonal majority. Could the President
have expected that an open and palpablo
| defiance and violation of that law would
/ be or could be endured from him without
an attempt to enforce its penalties against
him? If 50, he must have strangely cal
t culated upon their personal and official
: torbearance.
t But, in my judgement there are in
l volyed in the consideration Of this ques
: tion far higher and more important con
| sequences than by whom the duties of tn,
War Secretary shall be performed.
/ have high personal regard for the Secre
/ tary of War; in common with all IN,
countrymen | honor him for his invaluabl,
; services during the late rebellion | shoulc
: regret for any cause to see his place filleC
| another.
f But all this becomes insignificant wher
E we look at the principle involved in thi:
violation of the law by the President. |
n is now to be decided whether the people
i by their representatives in Congress, ar,
G to make and establish the laws by which
t this country is to be governed, or whethe
o they may be set at naught and defed by
:, the Chief Magistrate of the nation.
v feel that as one of the representatives o
: the people, there is but one course open
: The only practicable and dignifed cours
in such case, against such an offender
:, is to present him before the high tribuna
e provided for in the Constitution for trial
n No one will vote for this resolution with
S deeper feeling of regret and sorrow thai
# myself If [ saw any other practicabl
5 way Of asserting and protecting what
y regard as the rightful powers and prerog
II atiyes of Congress, as the representative
+ of the people, the same reasons which in
d duced me to vote against the former arti
d cles would weigh with me now. But
n do not, and feel that in voting against tn
e pending resolution | should surrender tha
a which as a representative of the people
$ [ have no right to surrender-the right Q
h the people, through their representative,
n to establish the laws for the nation. |
IS this vote | feel sure that | am not actu
: ated by any partisan feeling or any motiv
If unworthy Of judicial consideration
IS have regretted that the debate has assume
is to any extent, political or partisan -as
e. pect.
1t Much has been said as to the politics
" consequences and the effect upon the pee