The New York herald., 1878-02-06
Executive Imhuencs ON the Legisls :
tiOn or Congress.

members OF his CABINET are cnafBeapie viii
neglect Of duty in allowing the silver lu-
macy to make SO much headway in Congress
without any attempt to arrest it. This pas
sive attitude of utter aloofness rests on a
false and indefensible theory. Nearly all
onr former Presidents, great and small,
have exerted an active influence on legisla-
tion in important conjunctures, either di-
rcctly by personal intercourse with men,
bcrs, or indirectly through the heads OF de-
partments or through the official newspaper
organ of the administration, while official
organs were still in vogue. The practice Is
supported by sound theory as we'll as by in
Vulnerable 'precedents. The Chief Execu-
tive is invested. by the constitution with
one-sixth of the legislative power, which IS
equiva leht'to the votes Of twelve Senators
and sixtyoeight Representatives. ,Dg 1t re-
uuircs this additional number of votes In
the respective houses to pass bill over his
negative. Besides the veto power it is his
measures he may think Tor the pnblic in
tcrest. Mr.. Hayes is understood to hold
the whimsical theory that he must stand
passive or lie supine when measures are
under doliberation in Congress. No
such restriction is put upon him by
the constitution. He has authority to
send in messages as often as he peases DUR
ing session, and equally whether the SUBJ
jcct Of the message is under consideration
Mt the time or not. Even ordinary citizens,
who possess no share OF the legislative au-
thority may attempt to influence legisla-
ton, as they constantly do, in the exercise
of their right OF petition when exciting
questions are pending in Congress. The
State Legislatures which without au-
thority MS national lawmakers. have always
been in the practice of instructlng their
Senators and requesting their Representa-
tives as to their votes in Congress when the
occasion is OF sufficient interest to warrant
it. 1t would be strange indeed if the
President, who possesses so large o
share of the Legislative power were
the only citizen of the country who
must be sphinx and o cipher when meas
ures arc pending by which great interests
are put in jeopardy. What is the use Of
having an able and sagacious statesman at
the head OF the government if he must stand
still and see the country ruined without lift
ing hand until the mischief is done?
We will present few of the many in
stances in which the Executive Depart
ment of the government has exerted
it's influence on the legislation Of Con-
gress. Most of the cases cited were
conspicuous and are we'll known, but
we will begin with remarkable one
which we presume most people have forgot
ten, and which we recall because it is SO
signal vindication of the principle. On
the 2Sth of June, 1864, Mr.. Chase, then
Secretary of the Treasury, went to the
Capitol late in the afternoon and caused
the introduction and passage, before the
close of the days sitting, Of bill which no
member of either house had previously
thought Of took the bill that evening to
President Lincoln and procured his sigma
ture, and sent it to Secretary Seward at his
house before midnight, so as to preclude all
question as to the date at which it took
effect. The occasion was not less singular
than the action of the Secretary of the Treas
ury. On the 29th of April preceding a bill
had been passed adding fifty per cent to all
duties on imports for the ensuing sixty
days. This was done for the purpose of
securing time for deliberate revision of
the tariff with q view to q large increase of
revenue. Meantime the new tariff was
passed, to take effect at the beginning of
the fiscal year on the 1st of July. BY an
oversight which escaped everybody's atten-
ton there was lett an interval Of two days
between the expiration of the temporary
law and the operation of tho new tariff.
The consequence would have been that on
the 29th and 3Oth Of June duties would have
been paid on the vast amount of goods in
the bonded warehouses and the government
have lost fifty per cent of its revenue.
Mr. Chase discovered the oversight Just in
time, and, taking with him Mnunsell B.
Field, an assistant secretary, he drove in
haste to the Capitol and performed one of
the most remarkable feats in the history of
Congress. Now, will Mr. Hayes or any of
his advisers say that this wos not justif-
able and commendable exertion of Execu-
tive influence on legislation? We hold that
in any similar emergency the duty Of the
Executive would be equally clear.
We will cite another exceptional instance,
one in which the singularity consisted in
the President soliciting the aid of IN oppo-
sition Senator in the passage of an impor-
tnnt bill That President was Jackson and
the Senator Mr.. Webster. 1t was at the
time of the South Carolina nullif-
cation. President Jackson had issued his
celebrated proclamation against the nulli-
fers and was anxious for the passage Of a
law giving him power to deal with them eff
iciently. He accordingly asked the assist
ance of the most powerful debater on
the opposition side, which was accorded on