New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-04-26

where the Question ID whether the Rrea
dents power u restricted to the 0xecuftu
of q statute, rather than to the executio
or the consteutiCn, IL does not settle sny
thing to say that Congress may make law
when necessary and proper. That il th
very question When not necessary the
need not, and when not proper they ma
not pass the law. Isaw that Congress nee,
not pass law to give authority to tn
PRESIDENT to afford this protection; not tina
tkeY may not
The term Omitted States includes al
three OF the divisions of the government
ana that division OF the government is t
act to which the duty appropriately be
longs. 1t State should pass a law tending
TO create an aristOcracy, as that Stat
Judgeship should be hereditary, then i
would be the province OF the judiciary t.
fulfill the guarantee and to declare sucl
law void. In that case the judicial powe
is ''the United States" If all law and al
form OF government in State has been de
stroyed by a rebellion, SO that it is neces
sary to have new organization of govern
ment, then it is the legislative power tina
must fulfill this guarantee by setting NJ
new governments, and then Congress is thu
United States. And here is where Andrew
johnson violated his duty and departed
from his proper and legitimate powers, by
undertaking as the executive to exercise
| legislative functions. If there exist domes
tic violence, disorder, and obstruction tt
the laws, then it is the province of the ex
ecutive, upon being called upon, to fulfil
the guarantee of the constitution, and the
| executive lie "the United States"
| Mr.. President, this provision of the con-
| stituti0n cOntemplates sudden emergency
when violence has subjected and trampled
down the law, and when, without waiting
for the Legislature, the Governor is to call
upon the President for protection. Every
| other year Congress is for nine months not
| in session, and when in session the intro.
duction Of bill, it's reference to commit
! tee, its report upon it, its being three times
read and thus passing each house, and then
to be subjected to the approval OF the Pres
| ident, Is process inconsistent with the de-
| mands of the emergency as contemplated
by the constitution. know Congress may
delegate some OF its powers; but when the
duty is such that Congress can not perform
and that the executive must. and the power
is omitted in enumeration OF the powers of
Congress, and the power is carefully stated
to belong not to Congress but to the United
States, then we are to infer that the cOnsti-
tuition intended to confer the power on the
executive, and not that the duty was to be
performed either by the President, or by
any one else, by virtue of a delegation Of
power from Congress.
Again, the President of the United States
is, by the constitution, invested with all the
power necessary to perform this duty. He
is by article two, section two, made the
commander-in-chief0 Of the army and navy:
and then the constitution, having given him
the power, expressly declares chat the
President shall take care that the laws be
faithfully executed" and requires him to
swear that he will faithfully execute the
Of4ioo of prociHanfu l.
any act passed requiring him to perform
this constitutional duty. The constitution
need not be enacted into law to be enforced.
1t is itself the highest law. There might
be, or there might not be an act of Con-
gress authorizing the President to repel in
vasion; that is merely accidental. His
duty is the same. If feet should come up
the Potomac, is the President to stand like
q cowardly dotard, with the army and navy
ashes and the Capitol in ruins, waiting for
a declaration of war by Congress or au-
thOrity to act from them? The constitution
has made him the custodian of the nation,
the protector of its laws; it has given HIM
the means to execute his high office, and he
must perform it.
We claimed that the Rio Grande wAs the
western boundary of Texas. Mexico dis
puted it; and President Polk sent General
Taylor there in 1916 to protect our interests,
and war existed for months before it was
declared by Congress-
We obtained possession OF Louisiana in
1903; of Florida in 1919; and there were
frequent occasions when the President sent
our fleet to guard the disputed territory be-
tween the Mississippi river and the Perdido.
1t is true that it is the laws of the United |
States, and not of the States. that the Pres.
dent, under the constitution, is to see are |
faithfully executed; but under our system |
If government the laws of the United States |
md the laws of the States are in their exc. !
sutton so inseparably interviewer and in |
erlaced that it is impossible that the former |
IAN be executed and enforced in State |
where anarchy exists; and consequently, |
lnder the provision that the President ia to |
100 the laws of the United States faithfully
'xecuted, he must see to it that anarchy |
lOes not exist in the State.
l do not see that we have on this question
'nythiug to do with the prOpriety of Du-
ells decisions. The President is intrusted
With the army, not to force any mans
news or opinions; he is intrusted with the
luty of enforcing the laws; he enfOrces the
writ which speaks in the name of the United
;tates, and is tested by the Chief Justice
nd must be Obeyed. To hold the President
for unjust decisions because he
insists that the process of the United States
hall be respected, would be to hold that
10 must sit in judgment to approve or dis
pprove the findings Of the federal courts,
nd would be a cOmmingling of the execu-
i've with the judicial functions, of greater
perhaps, than the merging of the
overs of Congress with those of the chief
Magistrate, as insisted on in this case.
l then submit. Mr.. President, that protec-
ion from domestic violence" under the
Durth section of the fourth article appeals
D the arm, the force of the nation in an
and is an appeal to the Presl
ent, because the executive power is vested
! him, and it is executive power that is re- |
uired; and because he is commander in
lief of the army and navy; he is bound to
70 the laws faithfully executed; and be-
ause it is the United States and not econ
ress' that guarantees against domestic
Olence." Congress can not take that
over from the President. 1t is his. Con-
ress may regulate it, may say he shall or
lall not use the militia, he shall or shall
't use the army or the navy; it may take
ON him all means of performing his con-
itutional duty, but when he has the means
, must perform it.
/ do not dispute that Congress may also
Iecute this guarantee. There is, under the !
mixture as we'll as a division |
powers. The President acts legislatively
hen he approves or vetOes a bill; the Sem |
Q acts judicially in impeachments; the
ouse of Representatives acts as an inquest
its presentation of an impeachment; and I
o Senate shares the executive power in [
70 matter of appointments and treaties;
1t the President in his sphere is as indie
'ndent of Congress as Congress is of him.
Q may nominate, and with the advice of 4
e Senate appoint to office; he may convene '
Ongress, and under certain circumstances
ay adjourn it; he may receive public min
ters; he may make treaties subject to rati- {
,ation by the Senate; he must see to it that &
10 laws are executed, and he must fulfill
e guaranteAs of the 0onafitIltnn when that |