The sun. [volume] (New York [N.Y.]) 1833-1916, 1884-06-22
friends. he's the drama been we'll actsdf
Then give me your applause" n. WIZ.
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shsuiA shs PsssilsHsy - ASsiishsAS
One salutary effect Of the third-term con-
spiracy. which came 90 near to success four
years ago. has been to concentrate attention
on the extraordinary powers vested In the
Chief Magistrate. and to suggest precautions
against their possible abuse. II 10 we'll that
the American people should DO awakened from
the unconcern with which for many years II
has regarded dangers apprehended By many
OF tho trainers and adopters Of our Con-
stitutlon. and By no means overlooked
by foreign students Of the principles
and workings OF our organic law. For
that reason We accept gladly any invitation to
discuss the subject. and welcome evon the
warnings and counses OF those who permit
tho intensity OF their misgivings to obscure
their judgment. and whose proposed remedies
seem either impractlcable or fraught with moro
mischief than the defects which they would
cure. We see. for instance. with satisfaction
the objections to the Presidential system OF
government propounded and enforced by Mr..
HENRY g. LOCKWOOD In q book entitled The
Abolition Of the Presidency tWorthington). al.
though tho scheme OF reform advocated could
not be carried out In its entirety without
a resort to extra-constitutional and reyou-
tionary means. and although the experiment.
II made. would be at tho cost OF the most pre-
cious guarantee OF liberty which France has
ALREADY lost and which England Ia fast losing.
the habit OF local self-help, seli-guidance. and
self-rue. Lot US define rs concisely as We can
the changes by which Mr. Lockwood would
correct tho undeniablo faults In our existing
polity; We may thon very briefly state tho
grounds on which the innovations mooted can
| be criticised.
| We would PREMISE however. in moro explicit
and emphatic terms. our concurrence In much
that Mr.. Lockwood says with regard to the
urgency OF the problem. formulated In
the position and functions Of the Ex-
ecutivo under our Constitution. 1t is.
as he AYERS. the simple truth. and which
ought not for moment to be cloaked or
lost sight OF. that we are living under an cleo
tive monarchy. and that In all respects. except
| tho source OF his appointment and his
fixed term OF office. the President Ia q
King. immeasurably more Independent OF
the peoples delegates In tho national
Legislature than any European sovereign.
with tho exception Of the Russian Gar.
and perhaps We should add the King
Of Prussia. II we accept the latter's own view Of
the nature and range OF his authority. 1t is the
truth. Notwithstanding the fallscious or dis
honest excavations OF the fact by the Federal
ist that our Presidential office is a copy OF the
English regal Office. not as 1t really ex-
| listed under the eyes OF the founders
| OF our organic law. and as 1t had been
constituted since the revolution OF 1885,
| but as 1t was conceived In Tudor and
Stuart times. In the parallel between our
Chief Magistrate and the English King. by
which he seeks to belittle and excuse
the powers conferred upon the President.
Alexander Hamilton can only be acquitted
OF bad faith on the assumption OF gross igno-
| - k,ts - L. ND
recent times. Among what he calls the
principal circumstances Of dlssimilitude" he
enumerates the following: The President Of
the United States would be amenable to per-
| sonal punishment and disgrace; the person Of
the King OF Great Britain Is sacred and In
violsble." Now. 1t was predicted at the date at
| which Hamilton was writing. what has been
conclusively demonstrated by tho failure
OF the proceedings In the case Of
Andrew johnson. that the pretended
remedy Of impeachment would in practice
prove quite worthless. On the other
hand. the existence OF the house Of Brunswick
on the throne proves that the person OF an
English monarch is not held sacred and In
vioable. Such conception Of sovereignty
cannot be deemed current In q country
| which has repeatedly seen Kings superseded
| by acts OF Parliament In Plantagenet times.
which has seen ono Stuart King beheaded. his
son deposed. and his grandson prescribed.
But Hamilton goes on to say. the ono would
have q qualified negative upon the acts
Of the legislative body; the other has an
absolute negative" The Presidents veto
power Is sufficiently notorious from It's frequent
exercise. and the qualification is but Of
slight moment. seeing that u two-thirds vote
OF both Houses OF Congress Is required to over
ride his opposition. On tho other hand. the
| In, Epylo nd xafo ak
all. nor has ever asserted any since the day OF
Queen Anne. as was. or should have been per-
fectly known TO Hamilton. The parallel con-
tinues thus the one would have q right to
command the military and naval forces
Of the nation; the other. In addition to
this right. possesses that Of declaring
war and Of raising and regulating fleets
and armies by his own authority" II
Hamilton was really as ignorant OF the theory
and practice OF tho British Constitution as
these words imply he was incompetent to dis
cuss the subject in village debating club. II
10 true enough that our President does 10 the
most rigorous and exhaustive meaning Of the
words. command our army and navy through
the so.callcd Secretaries Of War and OF the Navy
who are essentially nothing but his clerks. re-
sponsible to their master alone. But ever since
the revolution OF 1888 the control Of the Eng.
lish navy has been exercised by the First Lord oil
the Admiralty. who has been held accountable
to Parliament for the discharge Of his duties
Moreover. II Hamilton ever read tho Bill o
Rights. he knew that 1t forbade the King tc
raise or keep an army without tho consent Of
Parliament and for hundred years before the
Fsderalist was published. the utmost care
had been taken to enforce this pro-
hibition by passing only for one veal
tho Mutiny bill. without which the ARM
would forthwith have to be disbanded. Ever
the right to manage the army after 1t had beer
sanctioned. although to some extent as
serted by George ILL.,. was surrendered Il
Ministers responsible to the legislature a,
early As the first quarter Of this century. ant
the attempt made to revive the old pretensioni
of the Grown during the Crimean war was ,
grotesaue failure. As to the war-makinG
power absurdly attributed to the King Of Eng
land. was Hamilton wilfully blind to the fac
that the only war with which he was personalll
| copyersant tho war against the revolted Amer