The New York herald., 1874-10-08

Ihe latter are snghuy relevant, H AZ all So Thev
are interminabie In their variety and technical
subtlety and much more calculated To confna~
than elncidate an inquiry hike the present Asha
himself justly remarks, each one that might he
cited s more or less affected by some minnie tacs
impapable 10 the ordinary reader When exert
ing himself to show the convenience of mis- dogma
he is on the true platform Tor debate ana what NJ
saws under this head demands, and shall receiyo
nom me, at least the most respectful attention.
And here Mr.. Johnson easily answered.
He says that. allowing the President TO correct
MS own errors when, on ruler advisement thew
are detected by himself, would be a dangerous,
power As an example, he puts the imaginary
case oi capricous or stupid and vacillatlng chief
VINO might change his mind frequently, and.
hurl state governments into power ana out or
IL from day to day. This course, 1t must be At!
mitted, would be no less mischIevous to those.
concerned than amusing to heartless and indlf-
ferent lookerson. And he supposes that the con-.
stitution, IN order to prevent such mischlefs vr-
tualy precludes the President from reconsiderinp3
his own mistakes The sober common sense Oh
the fathers contemplated no necessity OF guarding
against such antics. Nero and Heliogaba.us had
timid and servile hereditary Senate to counte<
nance their tyrannica eccentrIcities. In proyid.
ing the people with control through their fairly
chosen representatives this class OF evils waS
sufficiently guarded against. do not pretend
government ID not liable TO them. 1t was tho
exercise OF an undoubted power in q calm and
orderly manner but under vicious counses and
to pernicious ends, that feared. As faE
as human wisdom could guide, 1t was provides
against by the constitution. blind or tyrannicai
exercise Of official power, for all, by thrust
ing in favorlte satrap and persistently support
ing him, ls the only evil in this connection thar
sagaclty could have foreseen that experience
has developed.
The other set of imagined evils is indeed, n
pretty formidable head and bloody bones and
well calculated to alright the lovers Of peace ana
order. 1t is suggested that everything done un-
der the rule OF a usurper would be set aside by
his expulsion, and confusion worse coniounded'S
would ensue. The terrible nature OF such conseA
quences are not to be desired. But the law repu-
dates the assumed premises. No such cons
sequences would follow change OF opin-
ion by the President, and his consequent
refusal to recognize displaced usurper
whom In the honest and Conscientious exercise OF
his constitutional power, but under mistaken inl-
pressons as to the facts or the law, he had seated
IN the char OF State year or two previously.
When recognized by tho President and thence
forth, as long he held in his possession the in
sigma OF office and exercised the duties OF State
executive, the usurper would be Governor de facto.
All his acts, as such. would be perfectly valid and
binding as 1t respects all persons except himself,
II he displaced in any manner, legal or ille-
gal his official acts while In possession would stilL
remain valid to all intents and purposes, notwitn-
standing his removal ana notwthst tanding any
express or implied sanction Of such removal by
the President. The acts OF usurping fntertm
Legislature would be subject to the sama
rule. SO far, indeed, as they were not
carried into execution by the actual vesting Of
rights under them, they might and doubtless
would, cease to operate from the moment OF tho
change which should bring into power the right
tul authorities Thus IL will be seen that the gen.
eral unwritten common law has provided q means
of preserving the interests of individuals and Of
the Commonwealt from the imaginary confusion
and disorder which might be supposed to result
from the overthrow OF an intrusive government.
This doctrine Is familiar as 1t Is necessary. Tho
"law Students Primer'' mentions . striking Illus
tration Of 1t. "rreasons committed against
Henry VI. (of Lancaster) were punished under Ed
ward w. (of York;, though all the line of Lancaster
had previously been declared usurpers by act or
Parliament" "A Biackstone's Commentaries, p.
~
This conservative principle is deeply seated in
the common law, and occasions for its application
are constantly arising. Let . single and familiar
instance suflce "A usurp once held the Regis
ter's office IN this city for long period. He held
it and exercised its functions until ousted by .
= judgment OF the Court OF Appeals He remained
In the oflce considerable time after the supreme
Court had decided against him. He adjudRed
to be usurper from the beginning without any
title to the Office tfeople VS.. Coutant, IL Wen-
dels R., 132 and 511.) Many titles to vauaDla
property may. and doubtless do. depend on the
validity Of this mans acts. Mr.. Johnson would md
no difficulty in sustaining them.
1t ls true that IN such cases the usurper cannot
plead his unrighteous possession OF the offlce in
bar OF prosecution against himself injuries re~
sulting from his unjust acts could he recover
the salary allowed Tor lawfully exercising the
oflce. In these consequences there is not any
great mischief l submit that the arguments a0
inconperienn fail utterly and Mr.. Johnson has adj
vanced no others. With much regard, your obeds,
ent servant CHARLES OCONOR
ANDREW I0HNR0N