The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-07-11
THE REGULATION or THE FED
ERAL EXECUTIVE.
The safeguards Against Encroscnment.

To THE EDITOR OF THE SuN--Sir. The
timely and forcible editorial articles con-
corning abuses In the exercise OF execu-
tive powers have gratified many of your
thoughtful readers.
i am In no way DESTROYS OF narrowing
the powers OF the President under the
Constitution as II Is now.
To him. as President, has been dele
gated all of the executive power OF the
national Government: and that kind of
power only. so that he becomes a usurper
when he acts either as a Judge or legis-
lator. SO. also, when he commands or
compels a court to decide. n Senate Ia
ratify, Congress to legislate. according
to his wish.
True 1t Is that the President alone ia
commanded by the Constitution to give
to the Congress Information OF the state
OF the Union, and recommend to their
consideration such measures as he shall
Judge necessary and expedient"
As the sole possessor of the executive
power he ought better to be informed,
through his subordinates in the Cabinet
at the head of the great departments,
than any other functionary, and 30 very
naturally and wisely he has been required
TO give information" and make "recom-
mcndations"
And with perfect proprlety by all fair
reasoning he may endeavor 10 secure the
adoption of his recommendations. But
recommendation" becomes n despotic
order when enforced by threats or by
patronage. and Ia beyond his Just powers.
To drive" through Senate or Con-
gress treaty or an act by force Of any
thing but Just argument constitutes con-
duct so violative Of our fundamental tri-
partite division OF powers AZ to be. or
perilously near II. such n high crime or
misdemeanor as would Justify impeach-
mnnt
There are many thoughtful citizens who
feel that President Wilson has exceeded
the Just powers OF the Executive In fore
ing" his Recommendations" and has. to
be mild nearly approached course of
conduct so despotlc as TO merit the gray
est censure
THE SuN may do we'll II It will specify
In list the chief specific aSts Of Mr..
Wilson which It regards as outside OF the
Just powers OF the Executive.
Those who see such n clear statement
IN concrete form will have the grounds
upon which to discuss our greatest public
issue. IL "a only by wise and broad de-
bate that we can attain that "enlightened
public opinion which far better regu-
lates executives, Judges and Legislators
than any fear OF punitive measures
do not now see that any constitutional
amendment or any act OF Congress can
add to the preservation OF the division Of
powers. As the Constitution now is We
have every needful safeguard
" II he true. as some believe. that the
President has unlawfully encroached upon
| the Legislature. or otherwise exceeded his
delegated powers. and that belief becomes
crystallizcd in public opinion. adequate
remedies VIII he used not only 20 protect
tho people but their form OF govern.
ment"
The Senate. the Congress and the court.
should manfully resent and resist every
attempt to encroach upon their respective
and exclusive powers.
| The noblest example in the history oi
resistance to "encroachmcnt" was givcr
| by President johnson when he faced dis
grace rather than submit 20 an act o.
! Congress which attempted 70 curtail hi
executive power. His acquittal was tn,
| chief victory in behalf Of the trl-partit,
| division Of powers
joseph CuLBEErsoN CLAYTON.
| BROOKLYN, July ..