New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1877-01-22

pOWcr does no. necessarily nlpJ PoN,i
count, because 10 not ssaIy TO count N oMcr W
open and IA implied power only Asses ush ~ - .ied
tina. the soaed Implied power snna oe ~
IN order the performance OF the power pa. 70
The power that given by the words OF the Const'uon
Is tine power 10 open Now TIE po%er 70 en without
essential to the power 10 open fon can olen !, nad
counting II the Language had been ieversu a ~,
said that the President OF the SENATE snouu RI.
votes the certificates being sent 10 hn' ,st omen the
implication would have arisen That ne ns, JP6 h IA
certificates because he could NOT COUNT ,o nactiy
open them But IT huppcns that the ianguhge ~
the other way. He shall open thein anu tnc a. tr,s
ing shall take place. without stating Dy w from The
Those who coDtend that il is an imp,lc pow, Io @
power open must Snow lneEitiDie logic th''
70 DO the hrst thing bens srane - nv mpIica,
ion In short the power To- do one thing nPsst nf
power to do two have not been aos 10 SO ''s not
was a very clearly logical proposition fLiihiy " 80 "''
TIE FUNDAMENTAL QUESTION.
Then lot us 20 back q step and come to where thhh,
the undano tai question really les Tho fTeSi1ent Vi
the Senate is open all the ceriiicates' may w
said and II must bo said that he Is not authorlou W
open any thing that is not certificate Inc consul
only commands him open certificates ana 80 IL Is
orr,ed he must decide therefore which is certicate
and decision must be binding because tno
ton has reposed him tho power 10 open @
and non5 else How long would that stand the test OF
cxanInationi The article in the Constilntoh So
that he il to open what the electors seiu " nun. ~
Thai san line of argument you extend the rgnt to de
eide right Pack 10 the electors You say Tue -,
in this Constitution by the very same argument - ~
dacide ghot ia the certificate Or IL you 20 forward
where d., you find youIselfi You fnd the very next
soTity Of ali the votes the House OF Representatives.
shall elect. On tho same argument You arc oou soy
and you cannot avoid inoDody can-tlat the H9us9 Oh
REPRESENTATIVES l. the sole and exclusive judge Oh whe
the contingency occurs that entities u 70 ac. ~" -, th
one OF these candidates had received o n
votes and you, Sir under this claim OF power h tae
stituiion. had decided thar he ha, ana tn, my i
House could retire ITS own hail. ana IN inc very
same Language of the Constitution ,urh uouiu 'u sn
"By tile authority We decide Oh ING s.e al,
exactly that nobody has majority ana we VIII w.,
our President" Then, II you wond follow a h1I
further in the same line says that III case Oh s
10 eject the vicoPrcsdrnt snail be President Synlo-
body Immediately IN anu say, i a 'e Ide
clare under this power of the Constitution tnl me con-
tngemcy has arrived when am MAJ 70 nc' Prcsdent
OF Senate has appointed to be dcearou e,e', man
hat fine Hose of Representatives has elected somebody
else Depart The Constitution thai You I'VE ny
also gives uc the last chance at this, ana send you an
away, and am President because leterne y, , ~
the contingency has happened whether am 10 a NJ "
President 10 carry il clear through, and say that tey
were bcth disabled and unable to perform Their du',c
sir-i0 barrow a phrase from my learned friend from
Ohio lsir. Ihurman). That won't do" lLaaghter'I
SUPREMACY OF TIE CONSTITUTION.
To Go all act when the Constitution demands Is ono
thing; 10 decide dispute 10 an entirely dinereht th.'
Whatever the Constitution demands you are to do "hSi-
ever the Constitution commands the Executive he Is 10
do What.vSr tho Constitution authorizes 10 be decided
the ir~>y or some other tribunal fixed by law or py
the CItuton itself is to decide Those are the ohIy
three yays which the Government can express ltstl
81 that whatever Won are do whatever the claims at
the other end OF the Capitol may DE that they nave u
rght TO DO whatever the VicePrcsldent may say tnt
he has right 10 do under The Constitution "hen tie
President has not been elected whatever YOU lne
President Of the Senate have ngnt To 90 wheh nolh
of ncn are unable 10 perform The duties OF their office,
there ~t remains behind II all III le very rSat i a.
government the necessity Of having power that Dhds
yOu al time; to determine wheh ana ulutr
what circumstances each OF you saii BRING your forces
int MAY as the Constitution mas moi hACu that
tribunal has declared that Congress shall pass eyery
law which shall carry into execution every 9wer ~.o
is vested anywhere in the Government me question
may be asked Why ala not the constitution say 50
thcul IT did not say because, after having uen.d tc
rance OF powers and their nature Tor every "
parirnent OF the Government, ana cOnlmanueu VIII
sbuuld be done, II left, as al constitutions IN All e
ihzed governments everywhere nave uoiio anu ia
forever to the la%naking power from iimr 10 uh 10
carry all these great powers ln1o enect py lne Tes
measure of leg slaiyo PROCEDURE. caH scaIcII 80
that wel sure cannot, a. IL Is sttch ~ me
supreme Court Of the United states t,tli more lh.n
sixty years ago. "heh JiSt IL ho" Hh J'st az a.
IN governments there aite steAt disputes oucnhg ie
lowers OF government! TINS was question % r 9ta'G
rights OF thc rsht of the Shprth court vi ,io O.
states disregard and set aside the judgment OF Inc
great Stateof Virginia ana when ARGUMENTS sllii ~
tnOse that nave been pu'tilS forward rs u "h" is
be suggested against this bill aud about the language OF
the Constitution were maize, tie court answered. lheii
me unavodab{ deals in general angnqse II
ie purposes Of tie ope ~ framing l. gT al
II hOers 10 provide Tor irlt pc'ihcdoDs
powers TO declare the means by which those powers
should bo carried into execution.
The CONSTITUTION NOT ShLF-EXECUTING.
Mark the words, Mr.. President, cor 10 declare the
by which those should bo carried into exc
cntion" IL was fUTesccn that this would bc peT1Uus
and.dicult il not impraccabe task. The instrument
was not intended TO provide merely Tor the
e.fencies Of "a few years, hut 10 endare
through long lapse OF ages, lAe events 0I WIiru were
locked mp ne nscru,aGe purposes o! Pfoyd1nre II
could not Lc iOrCscen what new changes and mJdlhci-
OF power might be Indispensable to eheciu'e the
general objects tie cItcr ana restrictions ana sccl-
tcatiou@, which ~ the present might st III sdu!3ry,
might III The end prove tho oloithr3" oi the 81 stem
it-cf Hence S pos, expressed IN general terms,
own means to cfcctude Legitimate O!ccs aud to mold
ana model toe exercise O Js po%ef' as us own Wisdom
aud the public interests snodid require (Na.tin agt.
any one principle 81 constitutional law that Is
settled deep the foundation, OF the Government IL
SELF it Is that winch have lis read There - Scafcely
III fact ony remember one provision o! The C1ES;l-
Itself aud for winch Il was mol h,ceSs.'E or Ploc. lhat
,nJd.d not be the prONsdns cI cL ioa 10 carry
it into effect and 20 regulate ' methods ana manners
by wn!ch results should Oo arrived A. DeeNe u vas
said IN the OF Prisg ag tue conEiOuwcdt oi Penn
Constitution re'o9nhei lave 10 property! ana as ne
fugitive claus III he Constitution ,c tue master the
ii r-a liza. tlat clause in The CONSTITUTION
dd execute itself FAR the right OF the
anywhere he could Ind - If he could ID SituuG y.0-
lcuce ANA without breach OF The peace That was pat
night 81 rperiy, just AZ The common law, hinder
thc laws II most OF the state do4bt would De
the peace 10 rccaplCrc has ciiidrcn or his vile WHO
were Illegally detained from han. But beyond that say
know oi No instance III TINS wide variety ot powers
legislative, executive, and judicial ANY where. where
there is not the ~ necessity for legislative action reg
ulile anu EIfdt ouj"cts ol ine tNtilljb
the powers that not by imulication
but expressly vested In Of The departments Ol TIC
Government, and even Ia Thai To which | have
alluded waer. court said that the Constitution did
execute itself they nevertheless bed that that also
tn proper subject OF legislative action OF Congress and
thar Congress nigGt regulate ast had regulated, TIE
manner III which and the means By which the owner Of
slave should assert his right 10 his property The
President OF Tie United states, by Tie expires language
OF The Constiui On is the con inaEderincI Of tue
armies nayies OF the Republic and yet, from
the beginning until now, without question to
the cons IiutiOnal prOprctY OF slch legislation,
Inch Tla hkr Uti4p
he SHAH exercise the power OF commander OF the
army, has been regulated by law The Constitution OF
the United States vests Judicial power in Supreme
Cont and such inferior courts Congress from time
may establish aad yet OF The yc.y first acts
IL ~ Li.lt- L....