Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1895-08-09
FROM WASHINGTON.
Correspondence of the Alexandria Gazette.
WASHINGTON, Aug. 9.


partially.
The State Department this morning
received cablegram from Mr.. Camp.
bell. United States consul at Port Louis,
stating that the wife of ex-Consul Wal
Ter, now in prison in France, and her
four children, who arrived there last
June, will be ssnt to Paris by him on
the steamer that sails on the Goth inst.
This action of Mr.. Campbell was taken
in compliance with Instructions from
the department. 1t was by no means
certain. however, that the cable would
reach the family in Mauritius, as Con-
sui Campbell, reporting their arrival,
had informed the department that the
colonial government was likely to turn
away largo number of such refugees
from Madagascar in viaw of the posi-
bility of their becoming burden upon
the colony. In letter to Mr.. Camp
bell, dated August 9Th, the Secretary of
State commended him for his action.
The hearing to convince Comptroller
Bowler that be should pay the sugar
bounty as authorized by the last Con-
gress was continued to-day by Senator
Caffrey, of Louisiana. He said he I'M
derstood Mr.. Bowler to maintain that
the power to say that law is no law
because invalid for unconstitutionality
was lodged in the executive branch of
the government. aud that an executive
officer, by virtue of his office and of the
statutes, had the right to question the
constitutionality of law. Mr.. Bowler
remarked that that view was substan-
TALLY correct. Senator Catfrey con
tended that the judicial power was
lodged in thejudicial department alone
and that the law in question was con-
stitutional. Even conceding the act to
be unconstitutional, the power of
Congress TO appropriate money was
unlimited, especially when that
body attempted to repair a
wrong or injury inflicted by itself. The
government, he said, had been conduct
ed since its foundation under the Con-
stitution, and no such claim as was now
advanced by the Comptroller had ever
been made before. 1t was suit be-
tween the executive and legislative
branches OF the government. ANY act
of the chief of one of the great depart
merts, or one of his subordinate Off
GERS, was the act of the department
itself, and in this case we.had the extra
ordinary spectacle presented of an
executive officer trying to thwart, by
constitutional doubt, the act of the leg
islative branch. The citizen, and the
citizen only, he held was armed with
the power of questioning the constitu-
tionality of an act, and it must be test
ed in the judicial branch of the govern
ment. 1t could not be in the nature Of
things, he said. that this extraordinary
power was vested in the executive
branch cs the government. Senator
Caffrey continuing said that if the con-
stitutional views of the Comptroller did
not coincide with those of the Presi-
dent, the President could remove him
and get man whose views did. Mr..
Bowler assented to this. If this ques-
zion, said the speaker, was settled in
favor of Mr.. Bowler's contention the
Office of Comptroller would be second
10 power only to that of the Supreme
Court of the United States. The
Dockery law did not and could not give
him the power he claimed. Congress
could grant no such power. Such pow
or must be derived from the Constitu-
ton only, and this great document did
not even mention the Comptroller.
In reply to question by Mr.. Bowler,
in regard to the power of the judiciary,
he said there was no means by which
the judiciary could question the acts OF
Congress or initiate an investigation of
them. "You could not" he said,
make the government go back on the
government, and attack its own acts,
its power in this direction is estopped.
There is no way for such case to rise.
You cannot limit the power of appro-
priation-that is impossible, and the
judicial power cannot investigate al
lowances made by Congress"
The national democratic silver
conference called by three democratic
members of the United States Ser :
ate to meet here on the 18th instant
will hold its sessions at the Metropoli-
tan Hotel, which is recognized gener-
ally as Southern and democratic head
quarters.
The quidnuncs here now are
all agog about the late Asso-
ciate Justice Jackson's possible sue
cessor. The gowks among them
say the President will appoint
his e1-Postmas or General, Mr.. Bissell,
or Mr.. Peckham, or Mr.. Hornblower,
whom he nominated before. AS Judge
jackson was Southern man the dem
ocrats say his successor should be man
from his section, and the name of Judge
Culberson of Texas, chairman of the
House judiciary committee. is promi-
nently mentioned in connection with
the place; but as he is silver man and
not gowk his many friends here are
by no means sanguine Of his appoint
ment. The names of Secretary Car
Isle, Postmaster General Wilson and
Don n. Dickinson are also heard in
she discussion.
Among the visitors here to-day is Mr.
J. II. Alexander, of Leesbufg, Virginia.
BE says he has finally determined to
resign his position as commemorative
Attorney for Loudoun county and to
move to San Diego, California. He
thinks Judge Tebbs will appoint ex-
Judge McCabe as his successor. He
says he doesn't think there is any
d oubt of Mr.. Ryan's denomination for the
Legislature at the democratic pri-
maries to be held in Loudoun to-mor-
row. AS there never before was an
August court in Leesburg without a
plentiful supply OF whisky, and as that
town has gone "dry" during the last
year, he says no little curiosity is felt
as to how next Monday will be spent
there.