Year: 1868

liodoSes w uSh WIS AaS oCCii ODtdhhSNs
the law then attains precisely the same
force and validity as if it had the assent
and signature of the President. When
the President has performed his duty by
returning the bill to Congress with his
reasons for refusing his assent, his power,
as part of the law-making department,
is exhausted. If, notwithstanding his
objections, it receives the sanction of two
thirds of both Houses, it becomes law,
and law which the chief executive Off
Ger of the government is bound to see as
faithfully enforced as any other.


The doctrine sometimes asserted that
the executive is a coordinate branch of
the government and has the right to Judge
of the constitutionality of the laws of
Congress and determine for himself
whether he will enforce them or not as
an executive officer, is utterly fallacious.
The constitution defines exactly the ex-
tent Of his power to prevent the passage
of laws which he regards as injudicious
orrepugnant to the constitution. Beyond
that he has no more power or right to
judge of their validity than the humblest
citizen in the land his constitutional
duty is to see that they are executed.
The other doctrine would be utterly sub
versive of our whole constitutional sys-
TEN and frame of government. That
the President verify believes that this
law is in derogation of the constitution /
am not prepared to deny. But is that
any legal excuse to him for violating it
1t is settled principle, not only in civil,
but also in criminal jurisprudence, that
no one can be excused from the legal
consequences of his acts on account of
his ignorance of the law. With far less
reason can any one claim exemption who
has the fullest knowledge, but arrogates
for his own constitutional learning and
judgment superiority and domination
over that of two-thirds of all the repre-
senatives of the people in both branches
of Congress, acting in view and upon
consideration of his constitutional objec-
tions.


This very law has been one Of the oc-
casions of difference between the Presi-
dent and Congress. He denied, as he
had the right to do, their constitutional
power to pass it. Notwithstanding his
views the law was passed over his veto by
| the constitutional majority. Could the
President have expected that an open
and palpable defiance and violation of
that law would be or could be endured
from him without an attempt to enforce
its penalties against him !? If so he must
have strangely calculated upon their per-
sonal and official forbearance.


! But, in my Judgment, there are in
,volyed in the consideration of this CUES
ltion far higher and more important con-
lsequences than by whom the duties of
war secretary shall be performed. / have
a high personal regard for the secretary
lof war, in common with all my country
linen l honor him for his invaluable SER
lvices during the late rebellion; l should
regret for any cause to see his place filed
lby another. 159 3 ta
| But all this becomes insignificant when
\ we look at the principle involved in the
violation of the law by the President. II
is now to be decided whether the people,
by their representatives in Congress, are
to make and establish the laws by which
this country is to be governed, or wheth-
er they may be set at naught and defied
by the chief magistrate of the nation.
feel that, as one of the representatives OF
the people, there is but one course open
The only practicable and dignifed course
in such case, against such an offender
is to present him before the high tribu
nal provided for in the constitution fol
trial. No one will vote for this resolu
tion with deeper feeling of regret ant
sorrow than myself. If saw any othel
practicable way of asserting and protect
ing what l regard as the rightful powers
and prerogatives of congress, as the rep
resentatives of the people, the same rea
sons which induced me to vote agains
the former articles would weigh with m,
now. But do not, and feel that in vot
ing against the pending resolution Ishould
surrender that which, as Representative,
of the people, 1 have no right to surren
der-the right of the people, through
their representatives, to establish the
laws for this nation. In this vote l fee
sure that am not actuated by any par
tisan feeling or any motive unworthy o
judicial consideration. / have regretted
that the debate has assumed, to any ex
tent, political or partisan aspect.


Much has been said as to the politica
consequences and the effect upon the peo
pie of putting the President upon tria
for this violation of law. / confess
have spent very little time in considera