New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-08-23

the gods adopt the preliminary policy OF
making man crazy when they wish to
DESTROY him. There could not be more
apt example of this polytheistic idea tnan
is furuised by the Times itself under Its
dog Latin text. The proposition is thus
stated:
The Lord resolution is nothing but a
proDer declaration that 1t is the will OF the
majority of the lower House, that the law
concerning certain offenses. shall be pro-
perly executed by the courts of the country.
This we assume to be correct postu-
late In what does the executive order
depart from or exceed this instruction?
We have collated carefully in our issue OF
the eighteenth instant the enforcement
resolution with the executive order 1t
is shown therein that the spirit and even
the phraseology Of the enforcement reso-
luton has been followed, and the exec
utive has merely employed the means to
carry out the order, which has been placed
in his hands by law, and which he has
sworn to employ when required by law to
do SO. The Times in the inspiration OF
its passion asks:
Since when has the military branch OF
the government been charged with the duty
of seeing that the constitutional amend
ments are enforced!
Ultra Southern constitutional writer's
are usually men exact in production.
There is ''no military branch of the gov
eminent" The President is at the head
of a coequal department of the govern
ment, and can only employ the military
power by the authority and under the re-
strictions of the constitution and by the
order of Congress, as in the instance un-
der consideration. The President can not
employ military force of his own discre-
ton without being arrested by the courts
which would annul any act violative
of private right, or by impeachment. The
President has not been charged with the
duty of seeing that the constitutional
amendments are enforced" We all know
that when q constitutional duty is imposed
it is and must be imperative until law
shall have been enacted to execute the duty.
The constitution gave right to the
master to pursue fugitive from labor,
but this was practically imperative until
some years after the adoption Of the con-
stitution, when Congress passed the first
act 1888. The Southern people re-
garded this act as inadequate to empower
the executive to enforce the constitutional
obligation. SO in 1850 an act was passed
amending and extending the provisions
of the first act. Those who will read this
law will find it singularly minute in its
provisions, authorizing the marshal Of the
United States to employ SO many persons
as he may deem necessary to overcome
any forcible rescue Of the fugitive, and to
retain such persons in his service so long
as circumstances may require. The South
was then intent upon bestowing on the
executive ample power to prevent the loss
Of slaves pretty much as the nation seems
now disposed to empower the executive to
secure the rights given and guaranteed to
the slaves now emancipated. This is,
however, by the way, and intended only
to show that the executive can not exc.
cute the constitution without an enabling
act of Congress. In respect to the more
recent amendments of 1866, 1868 and
1870, the constitution says Congress
shall have power to enforce by appro-
pirate legislation" The Republican Presi-
dent neither possesses nor does he claim
any prerogative. He does not, as crowned
heads sometimes do, assume an indefinite
authority derived from the nature of his
Office. The Secretary Of War takes care
to say that the military force will be held
Gin readiness to be used upon the call OF
requisition of the proper legal authori-
ties"
The Democratic jackson was the only
President of the republic who claimed
any personal discretion in the administra.
ton of the government. He created the
Wing party, according to history, by as
Stunning that the executive was unit and
the heads of departments his clerks.
This assumption is thus repudiated by
law. The head Of each department is
authorized to prescribe regulations no.
inconsistent ,cth la,c for the government
Of the department 'in the conduct Of its
officers and clerks, the distribution and
performance of its business, and the GUS
tody, use and preservation Of its recor DIS
and papers, AID properly pertaining to it.
From this it is plain that the Secretary
of War, Cameron, is responsible not to
the President, bui 10 the law, for the Or
der executing the enforcement resolutions
of Congress, or any other order whatso-
ever. 1t has been the just boast of the
Republican party that it has made the
law the supreme rule of the republic. 1t
has been the boast Of the Republican
Presidents that they have held the law as
their guide and limit. We divide this
dissertation, then, in the two conclusions:
l. The Democratic House has specially
requested the President to execute the
Federal law protecting elections.
2. That the President can do no more
than the law allows and requires.
But the Times says Of the order exc
cutting the enforcement resolutions of the
Democratic Congress, "such thing is