New-York tribune., 1905-06-08
photograph by z. +. McMsnus

his higher magstera discretion to ds9eey sol, oer
naPea rs saf Of arsa which sSncsrned
not 5000 900 people. but "a single one ohis'
JACKSON AND MARSHALL
1882 the supGsme GSuTt asoaTsa Inan Ressrva a.
ton void and ordered one worcester aRI5tora
thsrsundsp to be tSs eours mandate John
Marssal h has made his decision. he said "now let let
saoes h eaf9Esa decisions Of a our history s0orn
ana esss Of
LINCOLN AND TANEY.
n 1881 robn Merryman was arrested for recruit,
Ing rebel company IN stss MaFyaTa aey a issued writ
Waads Of the fort reSossd SosS ts SPRsg ut
s eh s.as4a 5nst's tEss dsqsf sS
the marshal out Sf the to 60ff fncon an eaboTs
opinion Holding that the prisoner was entea noo
bis liberty fad ;hSuS M But eH later
esssse 1 In whioR he vigorously asserted his mags
eT sttsr 70 sgaPsna wRat the the ce f
one else might think 70 the Eb. An9 dusne
With the aomnatop Of the In @sW
Lincoln cited this incident de tb whsa War of 1ss Mr.
niaer a. pubshed denunoatory newspaper ar ar,
# Mass asksGn uhed
writ Of 1hsSsss s1rsgssd e bh
Judge Mr {5at ba X ma5
Of paTt .! Jackson ehs arrested him had The
saa then Whatever ana fbs bs
haDeas hare nondurt of General Jackson q Works ESQ.,
THE CASE OF JU TOY.
,he ,oost recent illustration. however, the Chi
nese exclusion case of Ju Toy. decided by the Su
to pass on private rights the courts had
that rssassr 09ha ha uhsd ssss
gprssident exercising his equally sovereign disere
to oy Sndsr Sn sn9hS the q
entitled to re-enter Here wa vas nrsdofon an over
the same question Ju Toys re-entry The eoHTr hlr
had ad 6e% 6sSlofS the Supreme Court unhesagy rules
that the Executive decision has the right It. OF way way
must bow the superior Judgment oft Of the Prss
the court. and Mr. Justice Holmes VINO reaa @ ros g.
dangepous dhe and radical doctrine But that
it is merely the latest application OF basic pnn
| cple old as the government.
CONFLICTS OF PRESIDENT AND CONGRESS
O. AS. to Congress, Here historic illustrations
are also legion. cite four only. In his oontro
@ wa m ssdn ss e courts a
person." he said under punishment or pr9seou;
and now consider that law to be a nullity as abso
to'f to fail I'D down W and worship golden image and tina
it was much my duty to arrest its execution il
from the fiery furnace those who should have beer
cast into II for refusing s to worship fhs ase
asking what the Offenders had done or asans
hey we're res suffering We're inflicted under the pre-
| tended Sedition law g Works 555)
CASE OBJ THE UNITED STATES BANK.
The case of the United States Bank is consptcu
| ous Jackson persistently and continuously op
posed his agisterial viii to the will of Congress
The legislature had chartered the bank, and th
Supreme Court had declared i oonstitutonai: ye
the President, asserting that it "a dangerou
agency OF corruption and public enemy de
stroyed It on his initiative and by means o
his magisterfal power alone.
BUCHANANs CASE.
In LEGO Congress appropriated s50olo0o for aque
duct in Washington, and specifically directed tha
Captain Meigs shouid<superintend its construction
TO Meigs. and placed his own appointee in charg
of the work. Replying to the vigorous protest o
Captain Meigs. Attorney General Black thus ad
vsed the President: Congress is vested with legs
Iative power. The authority OF the President
executive. Neither has right TO interfere witt
the functions of the other Every law is TO be car
red out far as it is consistent with the Consti
tuition and no further: The sound part of IL mus
be executed and the vicious portion of it suffered
drop. legislative act is not to be treate
void merely because 1t Ia coupled with a
are therefore entirely Justified In treating this con
dition (Meigs's appointmeuD as II the paper o.
which IT was written were blank" 70 Op Att
Gen. 46s).
JOHNSON AND RECONSTRUCTION.
Tho Reconstruction acts furnish still another ex
ample. Congress enacted its policy into laws Presi
dent Johnson practically nullifed them. He he'll
and the Integrity OF the Union. and in his judgmen
We're injurious to the nation He maintained tha
: his duty. as Chief Magistrate dictated direren
policy. He thereupon issued his own mandate
according to his discretion In pursuance OF hi
| own Judgment, and at variance with the laws 0
Congress- He unauesronably within his cor
meet thu ernerrerCv 3tf, his rnar1sterisi oower