Year: 1868

decision of the supreme could not control at all


posed to upon y Mr. SsOn al oSs a


he was one OF the trainers OF. the Constitutions know
can lberty-One OF those who worked the emancpa
ton of the American people from the domination OF
British rule and that lie deserved well OF his
OF the authors of tho Dec aation OF Independence
Yet know well that his opinions on that subject are not
people and fluid no place In the authorities
man doubtless of fine philosophical mind lie was man
Of noble patriotic impulses He rendered great service
to his country and deserved well Of his country but he
Is not an authoritative exponent OF the prlnePes OF
| your Constitution, and never was may be pardoned
further here for saying IN connection with us claim
that made here right face OF the Of the
cused, that his only object In violating the law was 70
that there was another distinguished man Of the Demo
cratic party afterward lifted to the Presidency Of the
in the controversy about the constitutiona


OF the United states Bank said that while he should gye
OF the United states touching the conshuonalty of an
upon his OATH hold himself not bound by it ut all That
/ was Mr.. Buchanan. One thing is very certain
that these authorities quoted by those great do
that have yenured TO assume before this Senate that
OF Representatives the Senate OF the United States the
highest judicial tribunal of the land and is the exclusive
Judge OF the law and the act no matter what any Court
may have said touching any question involved in the
in this argument touching this position OF the President,
for intend in every step take to stand with the Con
representative OF the people. refer another
provision of the COnstiuhoI-that which defines and
| limits the executive powers Of the President.


The P5esd.a. shall Be Chief she army and NAVY
service States may require opinion
pSI Ss sI e PSR % s ss Of d Ge s5 a5


a h1ye power to grant and garcn' L Sa1;es against the


Senate make treaties provided


advice senate shall sppont @ba,ss


o 's pl m 6 s' n s1s Of he gss, g & s supreme %


PGPt%egPs are mot herein StasI. provided 70. and which aa be


such inferior officers as they think proper IN the President alone in hs


.s Power % sDIs M al S s PP % % s S 81 & %
neIt session lie give ges information
state Of the Union and recommend their consideration such
occasions both Houses Of them and dsa.


b sitssa at5 f Rs ss . be 3 ns be may


These are the specific conferred upon e pfe
in the Of this to take notice OF that other
vested in the President This provision Of the Constitu


ton grants the President Of the United States neither
legislative and Judicial necessarily involved in the
defense which is attempted to be set up by the Exc;
that he may judciaily interpret the Constitution
for himself and Iudicay determine upon the validity OF
every of Congress- and second in the position
assumed by himself and for which he stands charged here
at your bar as criminal, repea-I the word ad
enacted by the representatives OF the people This power
tion until such time it suit his pleasure TO test
them in court OF Justice Is repeal Tor the tune beng
and II 1t be sustained by the Senate may last during M
natural fe if the American people should SO long toi
crate him in the office OF Chief Magistrate OF the nation
Why should l stop to argue the question whethef
such q power as the Legislature and judicial
be rgntfuy assumed Dy INC EItclucnt VI
United states under the Constitution when that Const
tuition expressly declares that all legislative power.
ali judicial powers shall be vested in the supreme Court
and in such inferior courts the Congress may by law
donation power embraced in the Constitution The as
sumption upon which the defense rests-tnat he snail
only such laws as he approves an assumption
which invests him with legislative aud judicial power ~


ton itself the President may dispense with act Of
Congress upon his discretion may he not IN Ike
dispense with every act OF Congressi ask YOU
Senators whether this conclusion does not necessarily
Eesutas necessarily effect follows % S egent ssase
in order TO shelter this great criminal 70 aaopt ne
bold assumption OF unrestricted prerogatve, the wild
thereby cothe the Executive OF the American people
OF the laws his pleasure TO interpret their Constitution
for himself. and thereby inherit their Government Sen.
aOrs endeavored to open this question before you
in its magnitude. trust that have succeeded BE as
ty in the presence OF representatives of the nation
have not been unmindful of my oath and beg leave
to say to you Senator'S IN all candor tins day tha III
my Judgment, question Of migltier import was ever
before presented TO the American senate to say further
that no question OF greater magnitude ever came by
possibility before the American Senate any question
upon he m S eSsar @ aea Snen
of the power OF President by virtue OF his executive
EXECUTION pray you consider that the Constitution OF
your country essential to your national me- cannot
Representative Of the people ob.S IN G0STdss
Courts neither supreme inferior can exist without
legislation Is the Senate TO be told that department.
essential To- the general administration justice between
man and man-those ministers Of justice who
Republic we're sworn to do equal justice be
tween the poor aud the [lch-sh9li hSt adnis l,,


States may choose when Congress comes TO enact law
for the organization Of the Judiciary and pass IL despite


his objection TO the contrary IN scGodanee WI WIN tS Sn
stituton, by twOthrds vote, to declare That according
the Constitution Of the country, and therefore
it shall not he put into execution. senators,
use the words OF his advocate upon the TenureOf
act OF 1867, he has ike power TO sit in judgment,


like o Know VIM in the event Of the President Of the United
states interfering with the execution OF the Judiciary act


Whereby for the IL please IN your history
the time, II you please by some strange n


Of f by TS Would a ike know What
becomes OF this wicked and bold pretence nnnt 70 ne
The law nnocenty have the question decided in the
Court and he has the power 10 prevent any court
states cannot be chosen without legsation first, the
legislation OF Congress app3rto1ng M nNbe
OF representative population; second the enact enact
lures of the several states, fixing the tune. place,
and Of holding the elections possibly hSt le
President OF the United States IN the event OF such egs
aton by Congress clearly aathorIed @ Dy & Se very ~,
of the Constitution and essential TO the very eAshee 0i
the Government permitted, IN the exercise OF MS Ju


cia executive authority TO sit down IN Judgment upon
your Constitution and say that u snail not Oe @ @
gress to prescribe the time place ana manner m % oi
elections Tor kepresenIa',eSs !, S 10 t If The Cons


tion, enable the people, through the Naohal sna
Goyernment and we TO be told here-and we are 10
deliberate upon 1t from day to day ana from week
IN weeL-tIat the President Is, by virtue OF
his executive office and his executive, prerogatiVe
clothed with the authority TO determine the validity OF
your law, TO suspend and dispense with it's execution al
his pleasure Ag ain President of the United states te
execute OF the people enacted by their Repre-
senatiyes Congress assembled cannot be chosen with
out Are To be told that the President al
every step. vested with authority To dispense with the
execution O the laws and 10 suspend their operation IN
I'll lie can have decision II you please, IN the courts
ustee III the President may set aside all laws ana ss
pend their action at pleasure II results that he may an
nul the Constitution and annlhilae the Government
That is the issue before the American Senate. do nO