New-York tribune., 1905-06-08

ssBse ffst fsyss fSsTssiasnai thf
nd e sSsh sSs gs5'
hSgss Of ana The aeon zion
sors soard REQUIRES TIE e Waas
sgss s sdsa sf ms aad I mas sdBas r. Iass
or tss ssnaes Pssdant
Gas ted the eea03 sahtS 09PsSd 0f
om efass ass made M G2 t. hs he
not s aqty gtv But 20 submit SnG a
e desds YRniT Net tRe or con1 n9s I agas
tom not the Senate f9F fns TSe question aeo
ta the Presdena discretion aiSas ases ans his
alone and not and shs gateTs his decision
Conclusive and final.
prMED1Es FOR ABUSE OF DISCRETION.
Fifth-rhe Presidents discretion we have seen:
is or ABUSE with mpunty7 he should
that the government wOuld 1 De have foay ali the
safeeuards we ever have had in our history During
pss The e, has R
Conclusive yet it has been used for the gsefss bsws
seeouped this lofty oce not one has been i s
peached and all have exercised theit osoLs.on W6v
should they not act IN the future as In the pasf9 ASST
Way ss0ud and Msda Ms Of dis
atreted pIses safd M Mr. Justice Story merely because
may be suasceg6ls3 p 3scsvoas IF
aouseo' IT, % tba Whole society is not be revolu-
onzea aesrso as ers ast Be- to
administer the government VeFs o zreafer or less
actual expansion according to . Ey9Fg % g
power, however. limited as vel as Spoao;
pFGgyse gas perfect Gr gnsse 1ssnS5
idea is Utopan that 6IsrsSa can ges sHss.
The science e tgs essrcse o sound
fssv arise sDpl5e4M Mhs sas ss p
GSssa 1Sstea Hadsy Bsosa n Ut II w0ud Be
to point out any other hands In which tnis p tSs
ths 9e esnsy we@a Yla How
nTds Ifaf no Sa9 s1een of er
be abused for such is the nature OF al power suci
We must be content to limit power where re- we we ca s
and where cannot. consistently with lts use T RI
Is our consolation that there never existed gov
IF ffoR Rmer6S Sa9se! g 'f5s pa EssRspS lSoS '
| IMPEACHMENT AND OTHER REMEDIES.
Assuming however. that a President wantonliy
eonstitutiona remedies First the term Of Office
is too brief for an unserupuous 10 of the
aea sas' story p9a seF ses D
has aE Ras Of s6s arg
Stuart tyranny should be able to preserve the n6
short short term President A third remedy s inpeaeh.
ns Of Is
It's exercise In bad faith is an mpeachabls crime
| or n1isdemeanor. The President can be punlshee
| The only test of guilt Is bad faith. And as tht
court of Impeachment is itself tho sole and ma
| Judge of the good bad faith OF the President
| discretion. there Is little danger OF abuse soins
unpunished.
ULTIMATE APPEAL TO THE PEOPLE
But should these all prove futile in the eloquent
words of Chief Justice Fuller, there still lies az
Is continually sitting Q78 U. s. 5So) AS tht
President is the highest tribunal In the government
so the people are the highest tribunal in the naton
Their jurisdiction is iilimtable, and, unlike th'
open. I'm our system" said Mr.. Justice Matthews
there must always be lodged somewhere and II
some person OF body the authority OK Hnat ds
is purely political. no appeal lying except TO IN
ultimate tribunal Of the public Judgment. exercised
either II the pressure Of opinion or by means .sa Q
said Mr.. Justice Woodbury., what redress have tn,
people. IL wronged the answer is they 8
to the ballot boxes, to the legislature or e1eoutiye
for the redress OF such grievances as are With.,
conventions and amendments of constitutions !
How, go. With these ample constitutional rem
edies the people must rest content unless the, the,
would abolish all discretion and thereby destroy
| the government itself.
| SCOPE OF THIS ADDRESS.
sixth-such is the constitutional discretion Of tn
President II Is not the function OF my is aaarss
| principles have deduced Whether a presioeln
uses or abuses his discretion Is not WITHIN a., .n
scope OF this discussion. II counsel were retaine q
to defne the constitutional discretion OF a nnanca
or municipal corporation, for example. the scop
of the retainer would be to define such discretioi
and nothing else. But whether New-York CITY 10
porate discretion which in the Judgment of counse
" possesses. - entirely different propsna-an