The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1872-03-16

thi forms of law, following precedent,
! Wherever it could, but confronting the
pefl atsall events and it succeeded. In
SO doing it showed itself strong where
evfn the most acute and disintcrested
critics, like De Tocquevilc, had pro-
nohnced it weak Undoubtedly that
was centralizing process but its results
weie of two kinds: those which were
temporary or which will rccur only with
the return Of a similar crisis, and those
which have entered into the working
character of the Government.
What, then, is the permanent central
lizdtion which is supposed to have
originated with the present era In a
word, ii is the increasing predominance
OF the Legislative branch of the Govern
ment. When the war of the Rebellion
came on it was found, as has been we'll
said, that Congress was the driving
wheel of the government engine, while
the will of the people was the motive
power. The judiciary was powerless.
the Executive could do but little NOR.
than await Legislative action. And so it
continued throughout the war; aud the
lesson that was then learned. which
England was centuries in acquiring, will
never be forgotten, and the result will
be to make Congress the predominant
force in cur Government, as Parliament
is in the British Government. We
know there are those who ina.inc that
the Executive has been gaining on the
other departments, and that the real
centrallzation is there No greater mis-
take is possible The President of the
United States is not near so powerful in
our political system AZ he was even
dozen or fifteen years ago. Buchanan
| who was much weaker personally than
Grant, carried through the LccomI ton
lnIqu'ty, which was much more OBJ
noXlous than the San Domingo prof ct,
which Grant was obliged to drop Per
haps it will be said that the ren,ova, OF
| Mr. Sumner from the Chairmanship of
the Senate Committee Of Foreign Reia.
tions, is proof Of the power and inter
terence Of the Executive with the l.cr
lslatiTe department but the failure OF
tho main scheme, Of which Mr.. Sum
ner's removal WAS but an incident, shows
that the latter event WAS chiefly owing
to other and probably personal causes,
existing in the Senate itself How the
President fares in direct issue With
Congress, even where he is strongest. as
III the control of patronage, may be seen
in the Tenure of Office luw. with which
| President johnson Was lassocd In
whicheSer directions we turn in fact, W.
see this same process OF legislative
ascendcncy going on. Does the Supreme
Court render decision adverse to the
action and views of Congress The
Court can be reconstructed aud enlarged
by Congress, till the decision is reversed
We do not say that such was the history
developed by the recent lcgal-;endcr
decisions; but we do say that the
example shows what cul be done in
such exigencics, aud the mere fact of
ability often answers every purpose of
its exertion. In Mr.. Fishers thought
ful work on THE Trial of the Constitu-
tion," great stress is laid upon the prac-
teal incfficicncy of the Fifth Article
that providing for amendmcnts-ot the
Constitution. Since the book was writ
ten the author has doubtless had oc-
casion to see in this very weakest part
OF the Government, as bc had considered
1t, one Of the strongest proofs Of the
controlling power Of Congress, which
consummatcd the three last constitutions
al amendments and rccast the Govern
ment, by rcquirin the rcbellous States
to raI'ly the amendments as among the
conditions OF restoration to the Union
In short, Congress is the section OF the
Government which is clothed with prac-
teal ability,-which does things, s,-and
consequently it draws to itself the forces
of sovereignty aud must go on increasing
while the other branches rre d,.r-ras;-.--
In pursuing this investigation it might
te shown, We think, that not only is
Congress gaining on the coordinate
branches of the Government, but the
House OF Representatives, is gaining on
the Senate; but it is not necessary to be
thus minute. 1t is more to the point to
glance at the necessity and the safety of
this general process. Without its inaug-
urntinn IT, iS nprlnctlv clo,r th,t RI,