Year: 1868

Below we give several extracts from the
Tribune on the causes that led to the i'm
parchment of President JOHNSON, which,
we think, will give every reader a clear un


derstanding of the whole case:


Allother questions sink before the present.
1t would be difficult to have our course clear
err A law is passed, which defines it to be
the duty of the President to consult With
the Senate before removing a certain officer.
This may or may not be constitutional. 1t
is constitutional until the Supreme Court
decides otherwise. 1t is law until the Court
interposes and invalidates it. The Presi-
dents sworn duty is to execute ito obey it
to see that it is carefully and studiously
obeyed He may not like it But chief
magistrates have been compelled to execute
laws they did not prefer. He may think 1t
unconstitutional. That is of no more con-
sequence than the opinion of any private citi
zen. His duty is not TO execute laws which
he mGy think constitutional, hut to EXECUTE
THE LAWS. If he had been clothed with
jiudicatory power, if the founders of the
Constitution had felt that it was wise to
give the President any option in the mat
ter, they would have so expressed 1t and
declared that he might execute all laws only
whcn the Supreme Court decided their con-
stitutionality If the President has the
right to select his laws, and say This act L
will execute because it suits me, and the
other l will not enforce because it strikes
me to be unconstitutional, then Congress
and the Supreme Court might as we'll ad
journ without delay For the right TO do as
he pleaSes with any law, to assume to be its
sole arbiter and Judge, may become tyran-
ny more absolute than that of the Emperor
Of Russia. 1t is a comparatively small mat
ter now Apparently, it effects only the
right of Mr.. Stanton to hold the War Of
fee, and Of the President to select his con-
stilutional advisers This is not the ques-
tion, but only the mcrest incident of it.
If the President has the right TO remove
Stanton in defiance of law, he may remove
Mr. Chief Justice Chase and Gen Grant.
and indeed the whole Senate. For the law
by which Mr.. Stanton holds his place is as
much law. as sacred and as binding, as
that by which Mr.. Chase presides over the
Supreme Court, and Gen. Grant commands
the army. Ii he may with impunty order
Lorenzo Thomas to take possession of the
War Departments building which is not
merican people-he may also direct Mr..
Coyle to open the next Supreme Court, and
Gen Hancock to assume command of the
army. 1t may be said that there is a law
which provides the form in which MIR.
Stanton may be removed, and another law
which directs the manner for the removal
Of Gen. Grant To this we reply that there
is also law which provides how Mr. Stan
ton may be removed, that one law is as bin
ding as the other, and that if we permit the
President to violate one, he may with I'M
punity violate ALL But, suppose the Pres,-
dent were to say, 81 shall execute no law
until the Supreme Court decides 1t to be
constitutional The whole machinery OF
the Government would be under the control
Ot body of men who sometimes take years
to reach decision He might as well say,
4 consider the tax law unconstitutional,
and shall not collect the revenues, and, be-


ing free trader, | am opposed TO tariffs.
SO | suspend these laws until the Supreme


Court decides against me. 1t would be
madness to make such an argument and
yet Mr.. johnson has as much right to OBJ
Ject to the tariffs as to the Ienure-o1-Ofnce
law. The Constitution fortunately express
ly provides what relation the President holds
TO the laws. He may object to law, and
send his objections to the Senate. That ac-
ton is enough to defeat it unless two-thIrds
of the whole Congress overrule him. This In
itSelfis a great power But it is express, lm-
piled, written. When it is exhausted, he
has no alternative but obedience. The Pres
ident claims that he can in the first place
veto law, and then not execute 1t until the
Supreme Court decides its constitutlonallty


10 eoncede this is to clothe Mr.. johnson
with the perogatiyes of tyrant He does
not execute the laws. but only such as suit
bis fancy. Granting this right, however,
the President has his remedy. He might
easily have obtained decision OF the Su-
preme Court. He could have made case
with any of his ten thousand excisemen and
pOstmasters. But no, he prefers to throw
the country into an uproar and agony by in
solently defying Congress, by calling up Wis