The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-06-22

It 10 Wit. the casting Of ballot once In four
years. Would Samson have been less utterly
would no have had less cause
10 CRY that tho strength had gone out Of him.
had he been shorn with his own hand1 Far
moro impressive and more just than the paral-
lei framed by Hamilton 10 Bsgehot's compsrl.
son Of the American democracy to the Hebrew
champion. Once In four years the pepolo
seems to awaken from It's lethargy. to rouse
itself like strong man after sleep. But its
nsotlng energies collapse with single sally to
the ballot boz. and II supreme exigency COM
pels you to seek the giant afterward. you nnd
him-where2
Eyeless In GAIA a the NH with slaves
Not content with proving BY thorough COM
parison Of tho British and American Constitu.
lions that the President is clothed with more
than regal powers. Mr.. Lockwood proceeds to
show. by q review OF the acts OF successive
occupants OF tho executive offlce. that these
powers have been repeatedly transcribed.
while more than once tho duties imposed on
tho Chief Magistrate by the organic law have
been unfulfilled. He arraigns In particularly
scathing forms tho conduct Of Gen. Grant in
tho San Domingo affair and tho course pur-
sued by Mr.. Hayes toward Louisiana. Ho ad-
mits that one OF the earliest and strongest
precedonts for usurpatlon on tho part OF the
Executive-tho action OF Mr.. Jefferson In tho
matter OF the Louisiana probationary be
defended on grounds Of public policy. But that
usurpations always begin in such speclous
ways is ono Of the most familiar lessons Of his
tory. The authors conclusion Is that. having
In view the growing ascendancy OF the corrupt
element In party conventions. and the fact that
VIGOROUSLY INSCRIPTIONS men have moro than
once been nominated for tho Presidency. the
formidable powers conferred upon that Office
BY the Constitution. or derived from successive
assumptions and Entertainments. must by
some means be curtailed. Mr.. Lockwood him
self would lay the axe at tho root OF the evil by
suppresslng the Presidency; but by tho same
stroke he would level the Constitution itself.
The outcome Of his whole discussion Is that
=" 80 far as tho executive authority Is concerned.
tho Articles OF Confederation were far superior
to the Constitution Of the United States under
which we live to-day" He would only revert to
the system embodied in those articles so far as
regards the displacement OF the President BY
what would virtually be an Executive Commit
tee OF the national Legislature. He would OK
tinguish oil those guarantees Of the rights Of
States which formed tho most conspicuous fea-
ture Of the confederative polity. Mr.. Lock-
wood. indeed. is quite as much opposed to the
recognition Of the rights secured to the States
by the Constitution as he ia to the regal prerog-
atives bestowed on tho Executive and his book
might have appropriately received the double
title. Tho Abolition OF the Presidency and the
EfYacement Of State Lines" This will DO clear
II We examine his scheme somewhat moro In
detail.
His contention is that the Presidency should
be wiped out and the supreme power Of legis-
latinR and executing all la,os OF the United States
should be vested In Congress. which again
should consist OF single chamber to be elected
by the people, substantially as the House Of
Representatives ls now. For the discharge Of
executive business the Congress should ap-
point council Of Ministers. corresponding in
their functions to the present members OF q
Presidential Cabinet. but directly responsible
for their administrative acts to the legislative
body from which their authority Is drawn.
When disapprovsl Of their acts is EXPRESSED by
the Legislature they shall either resign or dis
solve Congress and order an immediate general
election. As to the judicial power OF the United
States courts under the proposed reform. this
would not extend to the annulment OF the will
OF the national Legislature on the score Of nom
constitutionality. but would be limited to de-
aning. expounding. Interpreting. and explain
ing the laws and intent Of Congress-" In brief.
the political system advocated by MIR. Lock-
wood is reproduction OF the present B!veish
Constitution. minus the Crown and the House
OF Lords. or OF the French Constitution. minus
tho Senate and the Presidency. It's inevitable
effect would be to oblterate State indepen-
dence and weld tho country into unified ma
ton like France. without a Senate. in which
the States at present enjoy equal representa-
ton. without judiciary authorized to fix the
limits OF State and Federal rights. without an
Independent Executive to enforce the decisions
OF the Supreme Court. all barriers against in
reference with local self-government on the
part OF tho national Legislature would DO swept
away.
Mr.. Lockwood Is apparently aware that his
scheme Ia impracticable by tho process OF con-
stitutional amendment. and involves the asser-
ton Of tho right Of revolution. Not that the
text OF the organic law sets up any bar to most
OF the innovations urged by him. for all Of its
provisions save one are expressly left open to
amendment. and are therefore ostensibly OK
posed to being amended out Of existence. But
the exception Is pregnant one. viz that " no
State without It's consent shall be deprived OF
its equal suffrage In the Senate" 1t is in
credible that any State should ever assentto such
deprivation. and therefore the abolition Of the
Senate will forever DO impossible BY constltu.
tlonal means. NOW. the cOmpiete suppression
OF the Senate Is really essential to the appllca-
ton Of Mr.. Lockwood's plan. For. admit that
the powers Of the Senate might by constitu-
tional amendment be rendered subordinate
rather than coordinate. and that the Minister
could be made responsible to the popular
branch OF tho Legislature alone-as is virtually
the case to-day In England and France-yet &C
long as the shred OF the old Constitution
which proclaimed the Senate invulnerable wa
retained. 1t would be needful to leave In the
Federal judiciary at least so much power
of revision and inhibition as would enable
1t to resist infringement OF that remnant Blu
II you leave to the judiciary trace OF indie
pendence. vestiee of Its old power to override
an act OF Congress. you must provide also fol
sufficient independence In the Executive to en-
able 1t to enforce the decisions Of the Supreme
Court. Now. council Of Ministers chosen b,
tho House OF Representatives and accountable,
to 1t would not possess the needed measure o
independence. 1t would never enforce tn,
decree Of court against the will o
| its creators. The truth Is that the In
defeasibe right Of the States to eaua
At A.