New-York tribune., 1905-01-19
THE PRESIDENTS POWERS.
caRDINER TO STATE B4R.
Ns,c-York Lasoyer Tells of Rights
Under Constitution.

.,A.,, Ian lS-The New-York State Bar
.-.o.,otion continued it's annual meeting
=, .hts morning Charles A Gardiner. of
work. read paper on The Constitutional
rs.,-x of the President" ard another. on The
,,-.,s- SuppIy of the City Of New-York and
- reeal Complications Involved was read
:. p percy Chittenden, Of New-York.
s,s,ussion arose over the report OF the COM
- an law reform in regard 10 proposed
,,ss in the law regulating the preparation
- sale of state law reports. Some of the
az ,srs maintained that the bar should be en-
-s,a5 70 secure these reports at less expense.
Mr.. GARDENERS ADDRESS.
-. GARDENERS address on the constitutional
.-,srs Of the President was as follows;
- Presidential election has passed into his
to7s II nae TbsI was the constitutional powers OF
HI 1I,seei5ent The tyranny OF the legislature,
esTso55 5 81 oeTeseg Sresegt ana viii be for many
mrs That OF the Executive viii come IN us
iarn T6phecy Sg5 now being fulfilled? Is this the Of
Executive usurparon? The caInpslsh ofSHe % i noILe
;ssse thoughts 10 the consciousness OF me people
" made them least more alert TO their rights
more jealous Of her 69e "a Know G what Eie soy
Io.sig1ties belong 10 themselves and what TO the
PTsieenI -sr1 nj n thar ali sovereignty originates with
ne people But from the beginning the people
aeyer ps's1ilb,I 1bIourb a government "A govern
~S5t said Judge sharswood sis mere agency
Siisbed by the people for the exercise of those
s-s x.1irb reside IN them. And in consutut-
powers e~-1nent" -, said the Supreme Court the
ng i5si-i5,tee its power as it pieases and
= ne quantity II peases. and imposes what checks
I. . ISases S upon It's functionares The natural dis
b,1oT is into legislative executive and judicial"
&c. Fg{, 80 that natural distribution the people
sstes Congress the President and the judiciary,
distributed 10 them certain sovsreigntles anc con-
address IS 10 determine what particular sovereign
lies they delegated 10 the President
EVOLUTION OF THE PRESIDENT.
me Evolution OF the President Logically. before
discussing MS soyereignues We should form @ some me
President? He stands unique in history No such
POLITICAL creation ever existed before none slllaT
s~ists to-day To ascertain his personality as Hell
sS sovereignties there is only one source OF IN
formation, the Constitution itself That tas{: S,t Saio
s5SSSvliire hook: no Delphic mystery or Cinmerian
eS,shisbed canons OF Interpretation the most i'm
Po ,S q Toh 5o[h + fhe 4 Intention Of that assembly
ef demigods" as Jefferson called those who framed
who adopted st. To DO that we can resort 70 az
ne lights and aids Of contemporary history: SAG m
50 is as perfect in the opinion Of Mr. Justice Field
q words" ll6 Z. s. $50
EXECUTIVE WEAKNESS OF CoNFEDERA-
TIoN.
Looking then into contemporary history. three
facts are apparent. The one great purpose OF the
Constitution TO remedy the defects OF the Con-
ton was executive weakness; and the notorious in
stances OF executive weakness were inablLty 10
% 6a1gs aa % Sserer 8I % ay hnR Of it
now" said Webster. the Constitution had its i'm
Uniformity or Identity in commercial regulations
The whole history OF the country OF every year ana
evGy month from the War Of the Revolution 10
isrsrson exblsined; The fundamental defect of
Ia Ka
.h0rzed act immediately on the people by It's own
I5ort the Confederate government had no execu-
i've power whatever. Hence the imperative neces-
he consederate government never did collect taxes
and regulate commerce; ana OF crearng what .l me
and uagiserial head. powerful enough 90 execute
the Constitutional Convention created and called
him President.
PRESIDENT A CHEF MAGISTRATE.
The title has no genealogical signhcanee. It dis
despite It's inexact nomenclature, what the Conven-
ton actually did establish as q remedy for execu-
CHEF executive OF presiding oficer
This appears first from the creation OF the nation
sTeign would be a mere Utopia, a body polite
without The attributes OF personal sovereignty,
powerful ono dominating commonw wealth-- ..
membership in the national government. Were he
merely agent execute the viii OF Congress-,
Calhoun argued a bailiff 10 execute the DEGREES
q Court as Taney reasoned. he would not be
inderendent department Of the government
This appears further from the predominant de-
n-aIo ior strong government Force was the
eIg OF The Convention want Of IL had wrecked
me tonItuerauOn Was there ever constitution
u which authority If vested, must not be executed
b ioroe. II resistedr' asked Madison What is the
Me44ing Of government? An institution 10 make
peoi4e 90 their duty (3 Ell. Deb, zI4) But how
can 41u have force domination without the per-
soma faculties 0f a chief magistrate? Without the
A-assIeIlal junction government may legislate
g slJloicate. out II cannot enforce Such gov
eLiuel-l may exist IN theory. government resting
eA-tt9 upon the voluntary consent OF the
slneo as was the Confederation and the Consti-
uIon also IN the estimation OF Calhoun and Jeffer-
81 81 Davis. But such government is an impotent
-ei &c IN practce the Convention well knew, and
uste " - 1eA0
PRESIDENT MODELLED AFTER KING
me President chief magistrate was avowedly
g5-see aitef The state Governors and the English
;s- ;sIre ne establishment Of Federal chief mag
s-,-s, says bryce, was the obvious course. As
,--lLE tlat tneTe was 10 be such MAGISTRATE the
Stslesnlen OF the Convention male an en-
4aIseo copy Of The State Governor or 10 mt the
so-- ,s ttAng qlnerent.y, a reduced and improved
Setg ol me English King" u Am. Com. 36) The
~-N-S4o-s q our courts show this Fha