Year: 1868

| carefully avoided faithful and consoieu-
| tious Magistrate VIII concede very much to
honest error, and sometimes even to perv, rse
| malice, before he will endanger the public
| peace; he will not adopt forcibe measures or
| such as might lead to force SO long as those
| which are peaceable remain open to him or
hls constituents. II Is true that cases may oc-
SuT IN which the Executive would be compel


leu 70 stand on its right and maintain them


regardless Of all consequences.


Here Is a President of the limited States
deliberatins upon what? How lar Is he re.
quiTed to go in opposing an act OF Congress


which he MY deem unconstitutional? He


is contemplating executive resistance 10 an


enactment passed In constitutional form by
the supreme legislative authority, and regu-


lariy enrolled among the public statutes.
Sucn resistance as would lead TO violent col


lision. and produce civil war. He Is study
zig the INIT of concession beyond which be


may proceed to endanger the public peace.


He is considering eases where ne must resort


TO foTcIbIe measures which lead to force, re-


1ardleSs OF all cOnsequ 9nces. These are his


'orms OF expression, his very phrases. And


they indicate, not that he Is medltating a e.


sort to the adjudication OF the courts, an sp-


peal to the judicial tribunals, or any lawful


aIbitrament under the Constitution buG that


his thoughts dwell on revolutionary meas


ures OF violent collision and civil war. Has


any previous President OF the United States


furnished any precedent Tor the use OF such


language in his message to Congress? Not


one. This extraordinary and revolutionary


language, addre, sed by an executive officer to
the peoples Representatives, has 10 para III
in the annals OF our country. Its counter
part is only to be found in the prcelsmations
oil usurpers OF the liberties of the people. In
the light oil previous declarations OF the dark
workings OF the Presidents mind 1t is easy to
see that his attempted removal OF Secretary
Stanton from the War Department was a
fist step in opposition to an act OF Congress.
His ell rts to induce the General oI the
Army to retain or surrender the Office of Sec
letary Of War Gd interim 'in the interest of
the President against the authority of the
Senate, was piece OF executive resistance
likely toproauce violent collision and civil war.
His appointment oil Adjutant General Thorn
as to the Secretaryshipor War ad interim, the
same not then being vacant, but law ully
hlled, was torcible measure, or one leading
to force. And his conversations with General
Emory and Lieutenant Colonel Wallace we're
inquiries for means which would enable the
Executive ito staDd on his rights and main
tain them regardless of all consequences"
Acts like these, following, as they lid, pre-
vlous declarations, showing such revolution
ary and usurping intenC, cannot be attributed
to the motive OF mere honest opinion. They
are not consistent with the character OF oyal
and law abiding officer. They do not spring
from the patriotic zeal OF an executive intent
merely upon preserving, protecting, and de-
Tending the Constitution. On the other hand,
they partake OF the character Of the lawless
aSgressions OF an Executive willing 10 subvert
the Constitution for the success OF his own
schemes and the perpetuation OF his own
power.