The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-04
TEE GIANT ExECUTIVE.

To THE EDIrOR OF The SUN-Str: We
are seeing how completely the exercise Of
monarchical ~prerogative Is embodied in
the President OF the United States. One
day telleth another
The trainers Of the national Constitution
endeavored to form a system OF checks
and balances as between the Executive.
Legislative n Judicial branches. Has any
Of these broken DOWN.
History has left il in doubt whether the
voters Of the several States who ratified
the Constitution more distrusted execu-
tive power or legislative power. including
h Senate. whichever it may have been.
the Executive has gained enormous relative
strength during a century Of trial.
The recent expulsion from Government
service OF three companies Of negro troops.
and by a mere Executive order. hal shown
how dimty is seen the growth. or rather the
existence. Of monarchical executive power
exercised In Washington.
All sides OF startling political events
are habitually displayed In THE SUN by Its
correspondence or its editorials Notably
has it been 50 in the affair Of the negro
soldiers. The views Of correspondents have
been pathetic. One asked II the Supreme
Court cannot help. Another inquiries how.
II the President can raise an army only by
the permission and aid Of Congress. he can
destroy it by his signature to an order.
No one has asked why, If the President can
dismiss Secretary Taft without honor
he should not have a like power to dismiss
the highest officers Of the army without
pursuing h forms Of military judica-
tur 9; or IL he can dismiss without cere-
mony an Ambassador at Vienna. why not
Admiral Dewey
Perhaps the commission of zach army
or naval officer contains a condition that the
President can at his pleasure expel him
from the service; and, II commissioned
officers. then why not enlisted men3
1t may be asked IL it Is possible that the
President has constitutional power to turn
out any day every executive officer ex-
cepting the Vice-President. Has he not!
Who or what hinders2 Can he not destroy
the army and navy by q twist Of his wrist
and a few pen strokesl Let whoever seeks
enlightenment peruse the thirty-third chap
ter Of the sixth volume Of Rhodes's recently
published history and mediate on the re-
moval OF Stanton and the johnson impeach-
ment trial.
Congress did. in 1865. attempt to restrain
for a time the Presidents power TO remove
army and navy officers.
Only the national Judges Of the land have
a tenure beyond Executive reach. The
President can. however. Danish without
honor' a Territorial Judge. and why not a
black or white soldier1
It may be said that a trial by court-mar-
tial has been provided for a soldier or mill
tary officer; but so has a trial by impeach-
ment been provided for an Ambassador
or the Judge Of a Territory.
1T is excellent to have a giants strength.
but it is tyrannous to use it like a giant
except in case of dire necessity. which Pitt
has told us is the argument Of tyrants.'
There is an interesting sub-inquiry,
which they who are interested therein can
pursue: Where did the President get
power to bind his successors not to permit
the reenlistment Of the expelled negroes
and to exclude them forever from all ma
tional offices? Does any statute impart it?
The negro soldiers are now either out Of
the army or in IL. II the former. how can
the President. il he shall relent and exc
cute a volte face. put them back? He can.
to be sure. pardon their offences. but what
them Perhaps he can recall his order and
permit the expelled men TO r~eenlist; but can
Congress or the Supreme Court modify the
Executive decree? CASUAL.
NEW York. December a..