The New York herald., 1868-04-19

challenge the legislative WILL but If he be overrued
by the twothirds vote OF the houses, he must respect
the decision and execute the law which that consti-
tutional voice has spoken into existence. II this
be not true, then the executive power Is
superior to the legislative power. II the eXCcu-
tive will may declare what Is and what Is not law,
why a legislative department established at
alls Why impose the President The constitutional
obligation TO take care that the laws be faithfully eX
ecuted II he may determine what acts are and what
discretion in this regard He must execute the law.
"rhc great object Of the executive department Is 10
accomplish this purpose and without it. be the form
OF government whatever IL may, IL will be utterly
worthless for offence delenoe for the redress OF
grievances or the protection of rights for tie hap,
piness, or good order or safety OF the people,"
lstory the Constitution vol. ?, p. il9.l De
Tocquevilie in his work on democracy IN America"
IN opening the chapter on executive power, very
dertook a difficult task in attempting 10 create an
executive power dependent on the majority OF the
act without restraint in its own sphere.
IL was indispensable to the maintenance
Oh OF the republican form OF government Ina, una,
be subject to the will of the nation" tVol H. p l2s)
The task was difficult one, but the great minds
from which our constitution sprung were equal to
its severest demands. They created an executive
power strong enough to execute the Will of the
nation, and yetsuiicently weak to be controlled by
that will. They know that 'power will ntoXicate
the best OF hearts wine the strongest heads,n and
therefore they surrounded the executive agent with
such proper restraints and limitations as would
cOn1ne him to the boundaries prescribed by the
national will, or crush him by Its power, If he
feet. 1t created the executive power, provided
for the selection OF the person 10 be entrusted with
Its exercise determined the restraints and lmlta-
tions which should rest upongude and control and
MN; ana out OF abundant caution decreed that "the
President OF the United States shall be
removed from ONCE on impeachment for and con-
vtcton Of treason, bribery or oer nigh crimes and
misdemeanors:" article 3, section 81 1t Is pre-.
posterous for the respondent to attempt to defend
himself against the corrective power Of this grand
remedy by interposing the opinions or advice Of the
principal olncers 0f the executive departments,
which he committed it. His highest duty is to "take
care that the laws be faithfully executed" and If he
fails in this particular he must fail in ALL and
anarchy will usurp the throne Of order. Tie laws
are but expressions Of the national will, which can
of the legislative department. of the govern
ment. A criminal failure to execute that
VIII, and every wilful failure, no matter what its
inducement may be, is crminal-may justly call into
action the remedial power OF impeachment. This
power is by the express terms of the constitution
cOnfded to one branch ofthe Legislative department.
in these wOrds:-"The House OF Representatives
shall have the sole power Of impeach-
ment." article l. section y This lodgment OF the
most delicate power known to the constitution Is
most wise and proper because Of the frequency with
which those who may exercise IL are called to
and this Is the check balanced against possible
abuse OF the power, and IL has been most e.ectual
But the wisdom which fashioned our constitution
did not stop here. 1t next declared that he Senate
shall have the sole power TO try all iinpeach-
ments" lArticle l. section 81 In the theory
Of our constitution the Senate represents the
States, and its members being removed from
direct accountability TO the people are supposed to
sions which so freonently change the n0tcol coin
peXion of the House OF Representatives; and this Is
nnSs,ie haatv oc,,on ~ tha Renresentatives. wise
ropsiderair and ssfc to te nerfert wor,. Of demon
stration is this admirable adjustment OF the powers
,,o,var yas r"sad IN anforco tba win ~ rho not,on
The will of tile nation appears In its laws. The two
anact Iawo. ma nLia.tfn NJ tho Erocntivo
tn tho conn,rarv n,twiths,onding IaWs Tins
enocteS az wei, as those which receive the
ETscntive Sopcton ora tho voire of thc nconie
it tho noreon clo,hed for rho t,wo hon, ,,iti thc
Eyecnfive mower tho on,v mower which COZ, rive
erect m the neonle,s viii refuses or nnSiectS To- en-
S,rce the egisIative Ierrers M tho npiion or VII
rnjiy violates tbe same what constituent elements ar
covernmentoJ mower conld he moro nronrrlv charged
y,th no rr, 10 nroSomt ana Tho ,,o,,s t.r aod
remove tho ecnntUmncons ENecutiva tho, thnssa en- en-
trnated wtb the nn,ser to en.ct the % Ia'yS ~ tha
neonle guidcJ Inv the chccSs and haances to which
have Directed the attention of the Senotes What
other constituent parts of the government could so
well unde ers.ant nj impe le neryerse and criminol
refusal to .obey or Wiful declination 70 execute
the national win than those ioinnr in its EXPIRES.
stony There can he hut one answer To thes q aues-
ffiona The nrovsions OF the constitution are Wise
and lust beyond the bower OF dlsputaton In leaving
the entire subject of the responsibility of the Execu
tive TO faithfully execute his Oce and enforce the
laws To the charge trial and tlIiSnent of fhe two
several branches of the jeelslatife dfnart
ment REGARDLESS of t,a oninions of Cabinet
otats or The dec;sjons oS fhe ndlc,aJ dena ,fncnt
rho Respondent las nlaced himself within ths bower
Of IMPEACHMENT BY trampng on the eonstitu,ional
~ ;be Land reaaiIv admit % that The constitntion of
the United tatcs i'm almost every respect is dlferent
from the constitution of Great Britain The latter Is
o grear extenf unwritten ana is i'm a regards sub
iect 10 such changes IA Parliament NAV enact An
Act of Parliament NAV change the constitution of
England In this country the rule is different The
Congress NAV enact no law i'm conflict with the con-
stitution The enactments of Parliament become
mart of the British constitution The will of Parlia-
nent is supreme The will OF Congress is subordinate
TO the written constitution of the United states but
NAV not be Judged of by the executive department
a. olat
at the present time are almost Identical In both the
executive Is made subordinate to the legislative
croachmens ON their mower from any oiner estate OF
the realm The Parliament is the supreme power of
the Kingdom IN spite OF the doctrine that 'the King
can do no wrong and In spe OF the assertion that
the exercise of the Sovereignty rests in the several
estates The Kindred character of the theories per-
meatjnp the NO cOnstitut ons NAV be illustrated by