Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1888-07-06
Misconceptions


In the Revue DIES Deltr Aondes Of the 18th
June is a long article upon Executive Power
in the United States. IL is written by the
Marquis de NoAIlLEs, diplomstist OF dis
tinction, once accredited by France as its
Minister to the Union. II with such oppor-
tuuity from Office and such intelligence ia
the man his essay mistakes and mIsstates, on
whom can the French reader rely for correct
appreciation of n system from which much
might be profitably learnedS "EtuHt u Eta
du people enter ie President" (beiug the
elect Of the whole people the President.)
From that sentence Freuchman naturally
will conclude that President IS the crea.
ton OF pl6bisclte. That Is Just what he is
not, neither technically nor in the loosest
use OF language. He Is elected by the votes
Of States. The Office may be conferred by a
minority or plurality OF voters as well by a
majority. JOHN QUINCY ADAMS, BIZ. LIN
CoLs, and Mr.. HAYES were as to votes
minority Presidents. Mr.. GARFIELD was
and Mr.. CLEVELAND Is plurality President.
Such were others before them. Such will be
others after them. As the Marquis mlscon-
eeives the mode of election, he misconceIyes
The functions OF q President. They are d.
verse. Charged specially. to preserve, pro-
tect, and defend the Constitution. until an
arbiter--the Supreme Court--has decided
question OF constitutionality be Is the Judge
Of the legality as well a. OF the expedeney
OF legislation; but bis judgment upon either
may be oyerruied by a two-thirds vote OF
Congress. He is the medium OF commune
cation between the Union and other Powers.
he IL the Executive by whom law is ell
forced, he "a the COMMUNICATIVE chief OF
the armed force OF the Union, and
finally the prime minister OF a party
during his term, although during that
term bis party may cease 10 be dominant.
The conduct Of President must be Judged
by reference TO bis functions. To illustrate
by the misunderstood tby foreigners) matter
Of national bank: When the charter Of one
was presented 10 WARRINGTON be doubtedits
eonsli,utionallty ard consulted his Cabinet.
THAT was equally diyided-HAMnToN argu-
ing for. JEYTEksoS against. but advising bis
chief II stu in doubt 10 defer to Congress.
whyy Because so only could the question
be brought before the supreke Court. The
court decide khat II in the judgment Of tue
other branches Of the Government bank was
necessary for the execution Of the specific
powers II was constitutional under the inch
dental power, and the bank lived out its
legal existence. When charters were pre-
sentsd to JACKSON snd 70 TyLER they were
vetoed. whyi Because those Presidents
believed bank not necessary TO the execu-
ton Of any specific power, and therefore
unconstitutional. Had the eonft decided
that bank inust be-~noi might be--ihose
vetoes would have been revolutionary. The
popularity Of JACKSON did not exist from The
reverence Of Americans for > desposic nature
or despotic acts, ~ the noble writer assumes,
but tom bis frmaess In maintaining that
balance Of power beiween The Executive and
che Legislative which the Constitution had
utsblisbtd.
Equally Is the position Of South Carellns