New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-06-15
LETTERS TO THE EDITOR.
PRAISE FOR MR. GARDINER
His Views Are Patriotic and Based on His
toric and Legal Precedent.

Sir: An interesting address before the Phi Beta
Kappa Society Of New-York University mas
just been delivered by Charles A Gardner on
1.-The Constitutional Discretion of the president.
Much interest will be aroused by this last address
of Mr.. Gardiner On the surface his position may
appear new and radical. On the contrary. It is as
old as the Constitution and. so far from oelhs
radical it only enunciates one of the most funoa-
mental principles of our government AT the saiile
time in some of it's features it comes as a dis
covery and Mr. Gardiner deserves great credit Tor
unearthing and calculating what might be termed
a long lost and important truth
The doctrine advanced and explained ana e&-
tolled by Mr. Gardiner in substance is this; 1hat
the President of the United States is clothed with
certain powers clearly defined by the Constitution
and that beyond these he is endowed with dlscrs-
tionary power real absolute and final; that ne IS
Chief Executive our domestic territory and Cher
Magistrate OF his government outside or that terri
tory and that there is court or congress that
can in any way limit or coerce his discretion. VI
in another form, the government OF the uh'eo
States is Embellishments and external In both
of these spheres the President is magisterlai, ana
ministerial. His power is discretionary, and not
subservient, subsidiary mandatory.
Mr.. Gardiner first clearly defines the scope OF the
Presidents discretion Its jurisdiction is co-exten
sive with his powers, and his powers are co-exten-
sive with his government. But his government Is
worldwide theoretically. and wherever affected by
treaty or arms, practically. Within the three mile
limit from shores he exercises his discretion IN
manifold ways such as converting and adjourning
Congress granting reprieves and pardons, protect
ing the mails, aiding the States in suppressing riots
and acting commander in chief in domestic de-
fence. and in countless other domestic sovereign
ties Outside of these territorial limits the Con-
stitution also grants him plenary powers of dis
cretion
Next, Mr. Gardiner analyses the nature of the
Presidents discretion 1t is much constitutional
the Presidents Office itself 1t is synonymous
with his decision of judgment But few attempts
have been made by the courts to coerce the
Presidents discretion. and these have always failed
Nor has Congress any power to control the discre-
ton Of the President.
The next logical step is the practical exercise of
the Presidents discretion. Like planets revolving
around the sun, the departments of our govern
ment pursue their orbits around the Constitution.
all held together in ono government by its centrip
etal force. The Constitution prescribes the orbit
within which each department must move Jus
tice Patersonl.
Mr.. Gardiner suggests:
A few principles which should settle every
the departments Of our government. These are:
% Departments must take rank in proportion as
ment must always yield to higher, and (3l wheth-
higher department Is soiey for tie higher 10 de-
ternine
AS to the first OF these rules the chief end of
government is to promote the common good. The
preservation of the Republic is the highest COM
To prove that a lower department must always
yield to a higher, Mr.. Gardiner quotes from jack
son, Jefferson, Van Buren, Charles Sumner. JUS
tice Wayne. who agree in substance with this
statement of the latter:
The executive power is vested in a President, and
as far as his powers derived from the Con-
stitution he is beyond the reach Of any other de-
partment.
Mr.. Gardiner cites various instances in which
Presidents have in conflict with the courts
and with Congress. and shows that in every
the Presidents discretion supreme and
elusive.
In case of abuse or misuse of the constitutional
discretion granted the President, there are many
checks and cures The short term of office the
power of Congress TO control the nations purse
and the power of Impeachment are sufficient safe
guards.
What will be the logical outcome of such an
original discovery of the full discretionary power
of the President and such a clear and convincing
exposition Of this all important truth? 1t will
naturally make better people and better Presidents.
1t will tend to elevate national ideals. purify
national politics and ennoble national life.
1t will give US more self-respect and confidence at
home and abroad. 1t will help to harmonic and
strengthen all of our internal relations and
large and establish interna tional relations 1t
will enable US the better to keep pace with
marvellous growth, our unprecedented develop
ment unparalleled resources and our I'M
rivalled opportunities Let encourage and well
all such unbiased, impartial and inspiring
Let give honor where honor is due to all such
diligent. reliable and faithful expounders. Such
solid and lasting service is beyond price.
BETA.