New-York tribune., 1905-06-12
LIKES MIR. GARDENERS SPEECH.
Marked by Logical Argument and Deep
Research"
10 the Editor OF ne Trihune.

TO the Editor Of The Tribune.
Sir: In the address delivered by Charles A. Gar
diner on the 7th inst. before the Phi Beta Kappa
of New-York University, to which the attention of
your readers prompted by your editorial notice,
is set forth with the clarity of reasoning which so
distinctly marks the speakers efforts The COnst-
tutional Discretion of the President"
He states facts and therein is the strength of his
position which it may be said, is impregnabe.
Not long ago he delivered address to which the
one before us is supplemental or sequential 1t
created naturally, great surprise and caused much
comment, the press generally treating it with the
consideration to which it entitled two
who always have their humor on tap reviewing it in
trifing way.
In this last address Mr.. Gardiner calls up the
acts OF several Presidents proof that they held
the view he does in respect to the rights of the
President. Jenerson-at the mention of whose name
Democrats stand agape-n effect. told Marshall 10
mind his own business the same is true in the
case of jackson, and Republicans, who look at Lin
coin the Presidential fount from which all great
ness and goodness spring forth. cannot fail to re-
call the snub he gave Taney when the latter ran
counter to his plans.
The history Of country for the last hundred
years furnishes abundant proof that when the oc-
casion required in the opinion of the President he
did just exactly what Mr.. Gardiner says he is au-
thorized to do, and his action was approved The
speaker does not theorize in his contention for the
discretionary power he maintains a right the
ri PFeslaent possesses he states MS premises and
forces his conclusions
This speech like all his speeches is most val
liable contribution the political literature Of
time He dives deep into historical lore. and
brings to the surface treasury of knowledge" ."
The profound research which is in evidence
throughout the address stamps the possessed
of the highest tntellectuality-a grasping mind,
seeking h dden truths that will tend to instruct
and elevate his fellow man.
There are newness and originality in his method
of discussing this subject which refreshing
and are freed from the wearineSs often found
in addresses of this character He takes the stand
boldly that the President is beyond control save
through impeachment, and follows this line Of
thought with wonderful array of citations TO
prove his case. He clearly shows from the earliest
days the discretion President in an exigency
paramount; that in all cases where there was
a clash, when other departments attempted inter
ference he thought unwise or unwarranted, the
President was supreme He cites cases with par;
ticularty from Jefferson down the Presidential
line. He calls to his aid the opinion of Stanberry
Black and others distinguished in the law. estab-
fishing beyond the possibility Of dispute the con-
sttutional discretion CT the President exercised in
the past was just and proper, is to-day and will
be in the future.
This remarkable speech Of Mr.. Gardiner will pro-
woke various comment, will be discussed by all
who capable. and will furnish new ideas. Some
may regret his argument is incontestible All Will
agree that the obligation OF the public to him Is
surprisingly great, because he has spoken In no
uncertain tone upon important subject. G.
New York. June 9. 1903.