Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-06-28
THE PRESIDENT HAS
ovERSTEPPED HIS POWER.

OF tne ChineSe missionaries. They
must and will be avenged, but the
question is how? Surely not at the
sacrifice of the constitution of the
United States!
In the name of sympathy. shall the
American people abrogate every con-
stitutional principle; must they break
up the great triune government with
its Executive. judicial and Legislative
branches. by allowing the Executive,
the President, to usurp all?
The difference between a Consfitu-
fiondt government and Mondrchicdl
government is that the head of the
latter has no limit set upon his pow
ers. and is held in check only by the
revolt of his subjects when the exer-
else of power becomes tyrannical. In
America. we have Constitutions
Outlines Congress. itself fresh from
the people. ovcrsteps its bounds. The
Judicial branch of governemnt prompt
ly pronounces such law "unconsti-
tutional." This means that even Con-
gress. elected and authorized by the
people to legislate for them, cannot
overstep certain bounds, defined in the
Constitution.
1t is seldom that the Congress, the
legislative branch. ever goes beyond
It's powers. but it is rarcr still that an
executive ever dared to do it. Andrew
Jackson made himself famous with his
actions regarding the national banks.
but he kept himself we'll inside the
powers vested by the Constitution.
One of the chief purposes and OBJ
jects of the Constitution is to protect
the people against despotic, autocratic
or monarchical acts of the President
or other officers OF the Government.
1t was and is known. that no set of
laws could be drafted that would suit
all future times and conditions.
Changes must necessarily be made in
the statutes to suit the changing con-
ditions. The object of the Constitution
is to provide limit within which such
changes may be made. and to prescribe
the basic principle upon which these
changes shall be made; that the peo-
pies inherent, personal and property
rights may not be violated or disturb
ed.
It's greatest benefit. protection and
power. and its greatest beauty and re-
the duties. powers and limits of each
of the three departments. we'll de-
fined. The President is the executive.
and has only the right and power to
execute the laws. and has taken and
oath to protect and defend the Consti-
tuition.
The Supreme Court can only act
judicially, when appealed to by the
people; while Congress, the law-malS-
ing power. can do that only which is
authorized by the Constitution. Turn
which way one will. it is the Constitu-
ton, like a life-preserver. that meets
us in times of danger.
1t is we'll known that no President
would dare to declare war, and such
an act is not feared; but 1t Is acts
on his part that are tantamount to a
declaration of war that are feared.
The oversteppping of his powers and
acts of hostility towards another gov
eminent, we have already had occa-
sion to quote good authority on this
point. 1t might be we'll to furnish
the words of John Randolph Tucker:
Again, we think it is clear that the
incidental powers which may be ne
cessary and proper to carry into effect,
the powers vested in the Executive
Department by the Constitution are
Legislative powers, and not executive,
because the seventeenth clause of the
Eighth section of the first article
gives to Congress the power-the legis-
lative power-to supply the means ne
cesary and proper for carrying into
execution the powers vested In the
Executive Department."
1t thus appears that the President,
even by the widest flight of magma
ton, could not conjure unto himself
even the constructive" powers Incl
-dentnlo-to the perforusance-of his
duty. that would justify an act that
might plunge the country into war"
1t were but idle foolishness for Con-
gres to declare war IL the President
on his own judgment and Individual
authority has the power and right to
throw an army of invasion into a for
eign country without authority OF Con-
gress.
And these are the reasons that led
us to respectfully suggest the advisa-
bility of halt" upon the actions of
the President i'll sending troops to
China. and an earnest and strong pro-
test by the citizens of this Republic.
Do not allow an infringement OF the
organic law, for any purpose. however
mcritorious; for it will prove a BOOM
erang only to fly back into the faces
of those who submitted to 1t.
OUR NEW PHILIPPINE POLICY.