Year: 1868

they determined to limit and circum
scribe and bind down this ever encroach
ing Executive power within very narrow
limits. There is no danger of oppression
of the people by Congress. The danger
is always Of oppression and usurpatioh
coming from that power which is central,
lied in one mans bosom. There is nc
danger that Congress, rent asunder as ii
is, and must ever be, by cliques and fac,
tions, Will ever consent to oppress the
people, because they can never agree
among themselves which clique shall be
the oppressors. Laughter Mr.. Fes-
senden will have his little circle of friends.
Judge Trumbull will have his Judge
Howe will have his. And SO there are
dozen cliques in the Senate, and the
danger is that they won't be able to get
together and do some things that oug t
to be done some time. [Great laughter
and applause. Not SO with the Presi


dent of the United States. That great
rash act of his which brought on his i'm


peachment--the removal of the Secretary
of War, for no other offense except for
differing with him in opinion, and differ
ing from him in this particular, that the
Secretary of War thought fit to act ac-
cording to his own convictions, according
to the Constitution, and with the party
and with the friends who placed him in
power-~that rash act of the President of
the United States was the result of no
deliberaiion with1 anybody, No Cabinet
eficer knew anything about it. Neither
Seward nor his chum, Randall, ever
dreamed that the thing was to be done


It was the result of consu tation between
Andrew johnson and his demijohn alone
[great applause and laughter] and, when
the purpose was formed, it was executed
by an order written at his own table, at
night. No other man had to be got to
sign it, no other ambitious clique had to
be conciliated. Applause


This have alluded to only to illus
trate the fact and the theory that freedom
is in no danger of overthrow from a
Congress, or Parliament or any other
multitudinous deliberative body. 1t is
always in danger of encroachment and
overthrow from power which is consoli-
dated and may be exercised upon the vo-
lition of single man. So our fathers,
when they framed the constitution, laid
upon that Office the frmest and strongest
bond The President of the Uni ted
States shall be the Commander-in Chief
of the army and navy; he may grant
pardons and reprleves; he may receive
Ambassadors and other foreign Ministers !;
he may commission officers of the United
States when properly appointed, and he
shall take care that the laws be faithful
ly executed. There are the powers
which are vested in the President, indie.
pendent of Congress and cooperation of
Congress Now, it is manifest that none
of these powers include that Of recon.
structing state government, and when
Andrew johnson undertook to do so, he
committed usurpation upon the rights
of the people and upon the constitution
of the United States which would have
brought monarch of England to the
block. There was no pretense or color
of law in his whole proceedings. He called
a constitutional convention to form govern
ments, declared the qualifications of voters,
and the qualifications of those who should
be elected to the convention But sup
pose those voted who were not qualified
suppose those came to the convention
who were not entitled to seat under his
proclamation was the consequence
Ell could not punish, for the simple rea-
son that he could not make law. His
whole proceedings were unauthorized,
and necessarily and consequently void.
But as to the power Of the President, |
need not push step further or discuss it
at length, because the Democrats them
selves concede that he has no power !;
and as far as discussion of this ques
ton as part of our platform is concern
ed, it is sufficient to rest it there. They
admit this point.


The question then recurs, where is the
power of the General Government to
frame governments in these rebel States
And, in the first place, the general prop
osition may be laid down that if the power
is in the Government of the United States
at all, and is not conferred by express
words upon the President or some other
officer of the Government, then it is sure
ly vested in Congress; because the Con-
stitution provides that Congress shall have
the power to make all laws necessary and
proper to carry into execution the power
conferred upon Congress and all other
powers conferred upon the United States,
or any department or officer thereof;
consequently, if the power Of framing
these State Governments reposes in the
General Government, and not in the peo
pie of Georgia, and, as it is conceded
every man can settle the question for him.
self by thirty minutes reading, that the
Constitution does not locate this power IN
IT, President, or any other specific otilcer,
or in the courts, then it follows necessarily
that this power of the Government Is &c
be exercised through the power OF Con
gress, to make laws to carry that power
into execution. .-


| But i do not propose to rest here upon
this mere general proposition, al hough II
is entirely conclusive There are 9th Ell
provisions of the Constitution, and other
distinct grounds upon which THIS power
may be safely rested. ....


The Constitution provides that Congress
NAV admit 'new Sat s." Now what Is
the meaning of admitting ''neW State
and what is a State, to be admitted
| UJlf tho oonfusiOn that the public labor