, 1877-01-13

Of thr ftUycsumcnt Gut tbry huyu rendered lhts
II II ts fre thai tsongrc.s has tho mower lint Is
claimed for il nov, a Cohmltace of conrrers could
p5eetne ccuid nrsca " siss ' i.w, sn teeisons q
state epnrts; cpnil ,ct aside judicial determine.
tions; conid arlugntee, to lt'ef the power 70 .ct
vram+ and .rondcnce; conli Investigate Dem.
orrnt,c and NeEnolcan hcatquarters; Guild defeat
A. sg # the Eee'or' could elect r't''d*n
thcre arc Ilobeeptc1sc. snd Dantona In The House
who utteI tls.s .enti,nents, and many nsely Con-:
them, Let them bc cncnurngel an!ah!er Robo-
apIerrrs and Danions viii brcak Into the lIon.c and
Il i tanscaiion V Gu, Iouls' thsopt and thsn sssn
ol!crr.
l,ut may hc claimed that Consrs,s has poyssto
ITO make m iii !aws which shall bo ncccr...y and
tuition in tho (}uycEnmrna OF The United Statcs or
In any department Or oIiecr Thereof" The :'ioru.
aoins powers y do not emitacs tho power IN ques
t;orsraMtni Of the United States tor tnat term
Se.te ia or the re.dent II liz
SENATE |. not department.: md 50 eliminating all
that esery one wifi conccdt is not applicable, VIC
proper for carrynRnlo execution all power. vratctl
by the Constitution In any oyster OF tho uoyetn-
It will be said that tho President or the sennte
~ mn officer Of the Hovcrnncn! This IL undoubt-
edly tine; but 4 j. proposed to Invoke tl.e AID Of
to pass iaws IN regard 10 tho cuunt Il .n,ss Gc nd.
mttet tat such laws arc for the purpose Of fear.
dsns Il ss sense. NOV. Il ri. il sa IT. eannot
mean that Congress- can pas. laws authorizing Con.
t. a. as X. fsr thst sssd sspys
II II IL vested in Congress- il eannut Lc divested:
and this brings " % the question. What I. the
power 10 conpc! il. II is udmttcd by some who
insist TIM. Congress may pass the Inv. but does
not, that the President Ut TIM ScHate shall count:
but sp where did he yet the power! II It il sntd
IN answer to ths. that he has u eS ntce'stato rel
lo~ from .he nsse.,lty Of The ea'c, dies il happen
son,o other ollceri II, for another answer, II Is
nald that tho Constitution gives him tho power.
thcii how cnn Congress get It away ffun. him BY
legi.!aslon' II it con. then i can take away from
siaudne tho Constitution says Ii shali u the Com
mandet In. Chief.
Tho coastation stse' to 'eo rsesiaent the row,
law reFttctng bis puwcr regulating It's exercise.
He neets the a!d Of no legislation g enforce this
iatsd lon.tiiution that ..Erhe power 10 pardon j.
unaisd Ths power ct Tho Fl rtesdent ~ not sab
sy"e IN ana I'll W. dseea
Vail, $50. The .amo doctrine was held IL, Croas'
New York; md It Ia upon tho principle tint
nowGrre clse; and ~, II Ii Is admitted lint tbs
President of tic senasc can count thu votes tn tho
1tatHct OF legislation, II VI Cu1lraE follows
that he tocs not Ert his power from tile
lnY; but doc. get It either tx neces.ltntr rel.
| from the Constitution. 1t cannos oc tho former,
an Old saying that :. necessity knowt no law"
When the principle ls admitted hictaorshtra will
aan M pro:e; st
may pash laws to execute pt'wers rested in OIL
scs ef the Gayesnmsnt! Tnis % y p1opsr inquiry
nnswcrlt
"Tho executive powrr shall be vested In q rrrsl-
sto s. e s
congress has authrrity to determine wherein con-
ssss executive power. anu II applies to everything
aiIr designated By liz Constitution, as, Tho power
to pardon.
did s ss Of SS 1sn@ s
.hut Tho votes shaii hr counted. Did they Intend
70 put II Into the power OF Congress to defeat tho
uru 10 pass lawf Dill they intend 10 give tho
House thc power to elect a'fc4!dcn by rcason ot
s%t 1 Ss .Es te i es II osis
no fsmeIy bat II iho rrcsidcns oi thv scnate % re.
fuses, he thereby .ncatca llls ollcc, and 4 sue
Tho Constitution has w!seIy excluded from Com
gEcra the powcr to determine thu mode III which
H.
tlia proposition is TINT lhe lce!satrc branch Of
The toycrnu,rn. shall not crcate tho executive. rx-
| cept tn two contingencies, by pcryersct throwing
out returns, or exercising any power whatever; III
ahorf that Il cunnot ti0 Indirectly What It IL .
'st1 to1rrcsS Ixs no r,,uIciiou over the rattc,
because tho President Of the Senate Is the can-
yas.Ing o,icer, shosc powcrs aro conferred by the
or,Ier that he may exercise The functions OF such
ohicrr. They arc opened by him In Inc fns;htr
pnwcrs, nor arrosate 10 tscf those which az con
trrycd On another, Il can take 10 tsrti M nn,ycr4
y;1s r. spy law T. nay, ps or
p1e,cnt case. NJ juatc.ai power il conferred, and