New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-08-11
ONE OF TILE FOSSILS.

"P. G. Friese of the Baltimore Bar has in
dited "a letter to the President and People of
"the United States, showing that President
"cannot enforce an unconstitutional law !" hence.
that the Reconstruction acts Of Congress ought
to be put under foot and treated as utilities.
OF course, Mr. Frese wants to get up white
MANS party of Law and Order"-based 1--WE
presume,) on the bred Scott decision, and treat
ing every thing subsequent to and inconsistent
Herewith as trash and humbug. AS he would
have this party combine all the conservative
elements of the country under the Democratic
"name," we fail to see wherein it would differ
from the concern that got so numerically
whaled last Fall under the lead of Seymour
and Blair. But Mr.. Friese is so clear and 80
original in his main proposition that we cannot
refrain from copying his statement verbatim
Ponder and admire:
"a Judgment 10 the constitutionalty OF law must
take place before Is ereeuted but after the bill which
II is founded has passed through all the forms OF egsa
ton, by whatever majority and has become In form,
law The question then mperously arises What sort of
alaw 1T Isn't law In form merely, or Is Il const
Ons OF his official OATH exeeutei This question adj
dresses ITSELF 10 the PreEdent alone as he is invested with
the whole executive power and with the whole RESPONSE
bility for its proper exercise.
Congress has nothing TO say in the matter. II the
III
not interfere WITH constrain the Presidents action In
regard TO IL, without eriminaly usurpng executive
powers II is elected 10 pass laws not 70 execute them
IL has responsibility for their execution. When
member Of Congress has voted for BILL he lie in respect
70 t Ies OetO. IL the bill 10 passed 10 goes entirely
away from Congress TO coordinate department Of the
Government. This coordinate department. applies 10 the
work Of Congress executive tests II the law will bear
these tests-that s II 10 r. cOnstitutOnalt must
matter OF course DO executed But otherwise, though
the Dill has assumed all the outward forms OF law yet IL
II s found by the President to lack executive vitality II
IAnS 70 become operative. II 10 not law. 80
"COngress may determine what propositions IL shall
cothe with the forms Of law But the President cOord
nate with Congress, must determine Uhdt ne execute
IL sO-oalled law Is IN the Presidents opinion unconst
tutiOnel, and particularly IL IL IL political measure, and
violates or subVerts the Constitution the President
representative OF the whole people, forbid him. He must
indeed execute all the Laws. But socaed law. with
whatever forms II may have been passed 10 not law at
all, II II Is unconstitutional"
Mr.. Andrew johnson would have liked to
act on Mr.. Friese's principle, had there not
been twO-thirds majority in Congress OPP
posed to his way of thinking A President that
was authorized to determine what laws were
and what were not constitutional, and TO exc
cute such only as he should adjudge con-
stitutiOnal would be despOt in everything but
name. He would be an autocrat in substance,
arbitrary and irresponsible. "Why did you
not execute that lawiD he might be asked.
" Because deemed it unconstitutional, there
fore no law" would be his conclusive answer,