New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-01-06
THIRD TERM ASPIRATIONS.
Elk ATTORNEY GENERAL GARLAND
MAKES SOME POINTED REMARKS.
TRADITION As BINDING As \ WRITTEN coNSTI-
TUITION FORBIDS HE SAYS. THE ACCEPT
ANcE OF THE PRESIDENCY THIRD
TIME-PUBLdC OFFICE NOT \
PRIVATE SNAP.
fRY TELEGRAPH TO THE TRIBuYE.l

! Washington. Jan. -Ex-Atorney-General Au-
gustus II. Garland publishes in "The POST this
| morning an elaborate argument against Presi-
dental third term which coming as 1t does from
a former member Of Mr. Cleveland's first CABINET,
Is likely to attract general notice and attention.
| Mr. Garland says in part after reviewing the ms
/ tory Of previous abortive thlrd-term movements:
| Then II comes to this-we have this tradition
| fixed and established and firm and commanding
! and obligatory If put IN so many words III tne
! PROHIBITION upon the third term for President 1t
has been thoroughly cngrafted upon, cene'e e hto
our institutions as vital part Thereof and Vrpiu
| anybody from being elected to TINS once Tor
third term IT. az 'hanc"mPr Ne" s,c cS' upon ali
! agencies that can bring this result about Inc law
! limitation upon every element and thing necessary
! TO the execution of that power
1T s then a limitation upon party TO tender the
term a Limitation upon the person accepting the
! tender a Imitation If he does accept. upon the
peoples elccting him But if all these fail. and he
| Is elected then tho real Constitution of the United
States Is vitallv wounded and revolution, silent
II NAV be but as thorough and complete as II orce
had takes places like those silent ana quiet
! revolutions OF which Macaulay so often speaks IN
his History Of England. but potent and decisive.
I'VE have lived we'll and safely by the workings
Of this precedent. and 1t comes not. no one can
! claim under the head of bad custom that should
| be abolished
True it is that in times extraordinary. in times
eccentric I'm times whom society IL In upheaNal the
| record be broken. as the 'oiilho" 'NP'''7'''
goes and a person might he elected FOR the -hNi
fourth and NTH terms. and on indefinitely. Yes
and in such times the writ Of habeas corpus II
suspended. martial law declared. and persons CON
d,mned without n day in court. and a decision ma
b. rendered taxing State banns out of eXisten'"
ana declaring the United States Government can
enter INTO the banking business and electoral CON-
missions organized 10 determine" who Is elected
President But thes" are abnormal times ana "X-
furnish bad law. and the very exceptions
prove the rule her" insisted upon
And am 10th to believe at this day and hour.
outside Of tines extraordinary. already referred
to-. YOU VIII nnl Il man twice hoaored Icy q conhi-
ing public who VII willingly ignore. As Mr. Jefier-
said 'hc sound precedent 80 by an illustIloua
Predecessor with al due respect 10 everybody,
IT VIII not 10 to put this question upon the same
basis with IN" election and reelection 81 pr"'i-
dent Of "a bank any other ordinary business
corporation OF company. Mr.. Conkliug. ir some
measure. rested his argun"n' for General Grants
third term upon this and. - We hav" seen fille'
"a little careful comparison of the TWO things and
a little examination ~ their character ana nature
will snow u is humhy submitted tie analogy
claimed u.s. in fact. contrast striking ana one
mat supports ard maintains the position her" ad-
co-a..a There are public Offices and there ar"
private Offices. and a. their names import one Soi
IS 'or the public Interest aon" and IN" other Tor
private Interests. and ihc t~o must not be- ming'1
together or COMPOUNDED Judge cooley. IN Prnc,-
,les of Constitutional Law Second edition i@D.
SAYS public o1icc is A public trust, ami ihen
discusses the meaning OF the term aud shows the
difference between this public office trust and The
private Office irus
Early IN me noted campaign OF 1874. or just before
IT, Nj Cleveland the leader OF the Democratic
paffv with hts characteristic gif' of chaste ana
ma cillnc assertion. recalled the maxim 70 the at
tcn,on of IN" Amer, an people ana urged mem no,
10 forget -. a." motto OF the campaign
pamphlr, of th" Democratic party In lsN'. IL hazr'
and Entered up the transp arenccs IN the torch
lNf1f ions
nags and it appealed to the fotcrS "l me coui',E
at ali times and In all WAYS and the party went t.
victory with that criterion a. its chri prop ana
support The meaning is pubic oiic"- are pace, ,@
the benent OF the p"ople-the publc-and not tor tne
personal or individual benefit OF those agents those
agents having no more individual or persons in'e,
st. no NOR" proprietary rifht peyonu u,,
ton allowed hy law FOR performing "'' ""'''
Tbrs Offices are no, the property Of these agents
they do not belong 20 these agents inc StocN,
holders In them are the gtetI Co'itt ' i,,eres
s,h Ihr banking ana other corporations organized
moihing more. and as they DO and perform. ms
function successfully thes, Officers can and VII be
elected over ana over again The public servant Is
called should be for rrgual tceoun, I h, r,,i
lie trnst may degenerate into private one ne Is
called upon to retire and give pa'e I" an @ ,oonl
The danger s. and II has ever oren pS o" r,r
feared thai these great public trusts may Dr
under long coniinuancr 'i l' sn', 49, iistrst of
he .od focles' % The Revolution. and"f the many
since Since Ihe war bc,%cen the states. W. have
seen II must not be- allowed that any one man. a
ab.,liIte necessity 10 the existence and propey
control or msnascnent Of the , ,oernr Nor
must II he admitted that II one agent Is ~ any
means pn %str y" AMI A. We Are apt Of course
in the very nature OF our beings TO TX on. au, ,
a. me- one towering above all others in ability ana
ethcicncy but wnen W. say rgg ne IS them IL is ev
travagancc that ou,does the fact ana faisnheS the
IN every change Of Administration how often do
We hear: "Oh. old man O'Flaherty or pusehperrNN;
ar Air Ftcst of AL i'm this position or that WI
No, hc nnt ont for he has been there long his
place cannot bc filled Yet We do know that they
The heavens and their places are hled and the Gov
eminent still lives and exists ana IT'S a,larS in4nJ
runs into his very idea Of personal right of per
sona ana and and d Ing tbs COM
viction Eternal vigilance IL me price OF hnerti
shrouded I'm doubt. although sentiments much like
il have been uttered and their authors are known
bu / believe Mr.. Jefferson was the author Of this
and If he was not. he ought TO have been. for 1t
does sound much Ike him This vlgan n - no,
over one office one man but over all oitcss ana
all men necesstated by the proneness Of human
over the Congress. and over the President with all
their agents, deputies. and employees Of every de- |
III il not in this particular regard aimed at the |
office itself. In continuous succession nut AT me
,nhn,her there be an intermediate non-holding or
that ono pareha hr man Gann n I'm ndvg a
hn i ndispensabe that Of right It is his office, and
Tho ono ms n mower becomes established. our whole
nacninerv Of government is one OF checks and bal
ances and restraints. upon all branches and upon
"m those who work I'm those branches. The p0lrt
,ha, General Grant had resting spell and his third
term would be not ahH pre- I
failed utterly And the, principle is no, IL
rectcI ~ one individual more thar another.
- t. caneral based upon we-delined AM
sustained app ehension of the liability OF
tho abuse of power and there can be no Just cause
FOR resentment by any one upon whom the rule
operates These transgressions or usurpatlons
10 uaf com s.
piav They come slowly and by small items and
sometimes disguised and even open are scarcely
considered worthy OF notice. but they come and
grow and soon establish themselves and the WORK
~ overtbrow is done. The small vein OF water.
not bigger than a ladys knitting needle, trickles