New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-18
AMERICAN TIN GODS
~ Are Defended Against Onslaughts of New Ensianoe'-
Our 10 Republican France

~ Canada under the ancien regime. Inc
NJ, England farmers who made war upon
tho British with old fintlocks that had seen
service against the French and Indians OF the
oiJ rSoime in Canada would indeed laugh II
tbey could hear their Cambridge descendant
nrotsstin1 his "debt Of gratitude TO the ancien
regime" No, my young friend 1t IS 10 tne
snirit of republican France that we shoulu
gratefully acknowledge our indebtedness;
There are many other points in the lettef
on which ] should like to comment, Du'
am compelled TO be brief. ! cannot close'
however, without commencing our fanKee
friand 70 a more careful study OF American
institutions. He seems to be more fanIiia
with the history and constitution OIL re"
Zealand than with the history and consttu-
ton of his own country. He postuIates righ"y
that government consists Of three branches
executive, legislative and judicial" lie theh
nroceeds TO affirm that the President controls
The Congress. As a resident of Massachusetts
be should be familiar with that ringing pas
sage in her bill of rights which declares that
ain the government of this commonwealth the
executive department shall never exercise the
duties of the judicial and the legislative de-
partments or either of them 70 the
end that 1t be a government of laws and not
of men," passage which Rufus Choate sald
he could never read without a thrill OF SUD-
lirnitv Our friend should know that IN the
Federal government the three great depart
ments are likewise separate and independent
How far, indeed, has the President actually
controlled Congress? Aside from his Veto
only 80 far as he has been able to impress
his will upon it by his force of character and
his powers OF leadership. He has exercised
even less power over the Supreme Court IN
decd his mower over the work Of that tribunal
has been negligible, our Socialist friends 10
the contrary Notwithstanding. The Supreme
Court has been in a position to snap us
fingers in the face Of the President ever
since Chief Justice Marshall earned the un-
diving enmity Of President Jefferson by IS
suing subpoena to compel the latter 10 APP
pear as a witness in the trial OF Aaron burr
for treason. The great Democratic President
always contended that this procedure was an
nnwarranted invasion Of the dignity OF his
Office Can "New Englander' who thinks the
President IAN autocrat,' imagine a German
court issuing a subpoena 10 William II, or an
English chief Justice commanding even George
V to appear and testify?
One might think that even the rising gene
ration could recall President Clevelsnd's his
toric struggle with the Senate to prevent the
abridgment of the powers of his office. But
those who have forgotten this should at least
be able to recall how the Senate recently
held I'D President Wilson's appointment OF
Louis Brandeis to the Supreme Court. Our
political history is repete with such in
stances, which show that the President IS not
the autocrat which New Highlander" says he
is. The imaginary spectacle Of an Allan Ben
son, as a Socialist President, loading the Su-
preme Court with justices to do his bidding as
the Court of Star Chamber registered the de-
crees of the Stuart monarchs is an amusing
piece of nonsense.
Americans whenever they have tried to do
so have been able to impress their will upon
the Executive to a reasonable extent. Presi-
dent Wilson, with his ear to the ground"
has taken the recent election as an indorse-
ment of his policies, however bitterly a
r,inoritv NAV condemn some of them. AS a
rule, our Presidents have been followers, not
makers, of public opinion.
Brooklyn, Jan. II, 1917. F. c. BILLINGS.