Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1877-05-04
A Hopeless Scheme.

The Democratic newspapers assume
that all that has taken place in Louisiana
ana South Carolina is the direct result of
the refusal of the House of Representa-.
tives to pass the Army bill uncondition.
ally. In this they are clearly mistaken.
If the President had felt that his duty
required him to act differently in these
two States he would have done so. Had
he concluded that the Constitution and
laws required him to sustain Chamber.
lain and Packard he would have used the
army for that purpose as long as it could
have been legally held together, and
when it could not be 50 held together the
responsibility for the result must have
fallen on the Democratic party. If the
leaders of that organization imagine that
the Republicans have chosen for Presi.
dent man weak enough, or cowardly
enough, to shirk his duty as he under
stands it because his opponents adopt an
obstructive policy, they are greatly mis-.
taken. 1t is mistake like that made by
the Southern politicians, who fancy that
the Presidents course is the fruit of
bargain. 1t is not so in any sense. 1t
is the fruit of his own convictions, care.
fully and conscientiously formed, and of
nothing else. We shall be much mis-
taken in Mr. Hayes, should any occasion
offer for him to show that he can admin.
lister the laws firmly and fairly without
reference to what the House of Repre-
sentatives may choose to do to embarrass
him, if he is not found equal to the task.
The duties and powers of the Execu
tive are well defined, and in important
regards Independent. He not only ought
not, but he cannot construe them in aC-
cordancc with the shifting purposes of
one branch of the Legislature. He is
bound by the highest form of obligation
to take the laws as he finds them; to con-
strue them, where there is question of
construction, according to- his best judg
ment; and then to execute them faith
fully. And this course is the only possi-
BILE one, under our system of government,
by which issues of importance relating
to the policy of the Government can he
brought distinctly before the people. If
the Executive were to conform to every
variation in the moods and opinions of
the majority in the House, the people
would have but little opportunity to de-
eide on any important question of con-
struction or policy. Practically the pow
ers of the Government would be con-
ccntrated in the hands of the Represent
atives, and any attempt to dispute their
exercise would be attended with great
difficulty. e
Undoubtedly, the House of Represent
atives has the constitutional right to try
to impose its views upon the Govern
ment, but the right is limited one, and
the object must be pursued within the
limits defined by the Constitution. 1t is
question how far conditions can be
fixed to appropriations for the regular
departments of the Government and in
sisted upon by a single branch of Con-
grcss. There is considerable force in
the doctrine that Congress is under obi-
cation to maintain the regular functions
of the Government in reasonable eff
cheney. But the doctrine that the House
can require the Executive to comply with
its wishes regarding any law it may
designate, under penalty of being Grip
pied in the army, or the navy, or the
Treasury, and without reference to the
views of the Senate and the President on
the subject, is piece of pure usurpa-
tion. The President is compelled by the
requirements of his Office to reject and
disregard such theory. If he did not
he would become mere cipher in the
Government, which by itself would
amount to nothing, and which could only
be used to multiply the value of ma
jorty in the House.
These considerations, which must be
obvious to any one with any knowledge
of the nature of our government, are
suggested by the appeals which certain
Democratic organs are making to the
Representatives of their party to refuse
an appropriation for the army, except
ON condition that the Reconstruction
laws shall be repealed. These appeals
have not, as yet, been clearly defined,
but their real purpose is perfectly plain,
The Democratic leaders--or some of
them-imagine that the House secured
the adoption of the measures recently
secured in the South by its action on the
Army Appropriation bill, and they hatter
themselves that they can apply the same
cOmpulsion to secure the repeal of the
Reconstruction laws, or to prevent their
enforcement by the President. In this
we have little doubt that they will find
themselves mistaken. There is not the
slightest reason to suppose that the senate
would yield TO any such threats, or that
they could influence the course of the
President. The Reconstruction laws are
destined to protect the political rights of
the freedmen They place in the hands
of the Executive certain powers, the eX.
tent of which will naturally be defined
to him by the opinion of his Attorney
| General, and by his own judgment,
based on the laws as they exist,
and on such judicial interpretations of
them as have been made. These powers
the President must use if occasion re-
quires. He has no option in the matter.
The House may refuse him an army, but
while the army is in existence he must
employ it where the law requires it, He
can make no promises, enter into no
understandings, be party to no
compromises" whatever. He must do
his duty as it is laid down for him, and
the House can neither ask nor expect
/ ola