Year: 1868

| as think the President has treated 1t, as


involving the question whether the Presi-


dent is bound by laws enacted by Congress


by the constitutional majority over his


constitutional objections.
am aware that the extent of the Pres
| ldential power to remove officers, to whose
appointment the consent of the Senate


was requisite, has been from the formation


of the Constitution, a much debated and


controverted subject. In passing the


tenure-of-office act, Congress attempted to


settle and define the Presidential power in


this respect They acted in the light of
the Constitution itself, and all the discus


sions and practice and precedents under it


They determined that by the Constitution


the power of removal was coextensive


with the power of appointment, and that


where the consent of the Senate was neces-


sary to the appointment 1t was equally
necessary in order to a removal and the
law was enacted in accordance with that


view. The President honestly believed, [


have no doubt, that the law trenched upon
his constitutional power of removal, and


he returned the bill to Congress, stating


his views and his objections to its consti-


tutionality. On solemn reconsideration of


the bill, with the objections of the Presi-


dent before them, both Houses of Congress,
| by more than two-thirds Of each branch


re-enacted it. The Constitution provides


that in such event an act shall become a
law Notwithstanding the objections of the
President. The President is not part


OF the law making power of the Govern


ment, except in this limited and qualified


sense If for any reason he refuses his


assent to an act passed by Congress the


act must be again considered and have the


assent of both Houses When this has


been obtained, the law then attains pre-


cisely the same force and validity as if it


had the assent and signature of the Presl-


dent When the President has performed
his duty by returning the bill to Congress


with his reasons for refusing his assent,
his power, as a part of the law-maklng


department, Is exhausted. If, notwith-


standing his objections, it receives the


sanction of two-thirds of both Houses, it


becomes a law, and law which the chief


executive officer of the government Is bound


to see as faithfully enforced any other


The doctrine sometimes asserted that the


Executive is coordinate branch of the
/ Governments and has the right to Judge of


the constitutionaity of the laws of Con-


gress and determine for himself whether


he will enforce them or not as an execu-


tive officer, is utterly tallacious. The


Constitution defines exactly the extent of


his power to prevent the passage of laws


which he regards as injudicious or repug-


nant to the Constitution. Beyond that he


has no more power or right to Judge as TO


their validity thas the humbleSt citizen IN


the land his constitutional duty is to see


that they are executed. The other doc


trine would be utterly subyersiye of our


whole constitutional system and frame of


government That the President verify


believes that the law is in decoration of
{ the Constitution | am not prepared to de-


ny. But Is that any legal excuse to him
for violating it? 1t is a settled princi-
pie, 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
i domination over that of all the Represen-
tatives OF the people in both branches of
, Congress, acting in view and npon con-
sderation of his constitutional objections
This very law has been one of the oc-
casions of difference between the Presi-
, don't 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 con-
t stitutonal majority. Could the President
have expected that an open and palpablo
| defiance and violation of that law would
/ be or could be endured from him without


an attempt to enforce its penalties against
him? If 50, he must have strangely cal
t culated upon their personal and official
: torbearance.


t But, in my judgement there are in
l volyed in the consideration Of this ques
: tion far higher and more important con
| sequences than by whom the duties of tn,
War Secretary shall be performed.
/ have high personal regard for the Secre
/ tary of War; in common with all IN,
countrymen | honor him for his invaluabl,
; services during the late rebellion | shoulc
: regret for any cause to see his place filleC
| another.


f But all this becomes insignificant wher
E we look at the principle involved in thi:


violation of the law by the President. |
n is now to be decided whether the people
i by their representatives in Congress, ar,
G to make and establish the laws by which
t this country is to be governed, or whethe
o they may be set at naught and defed by
:, the Chief Magistrate of the nation.
v feel that as one of the representatives o
: the people, there is but one course open
: The only practicable and dignifed cours


in such case, against such an offender
:, is to present him before the high tribuna
e provided for in the Constitution for trial
n No one will vote for this resolution with
S deeper feeling of regret and sorrow thai
# myself If [ saw any other practicabl
5 way Of asserting and protecting what
y regard as the rightful powers and prerog
II atiyes of Congress, as the representative
+ of the people, the same reasons which in
d duced me to vote against the former arti
d cles would weigh with me now. But
n do not, and feel that in voting against tn
e pending resolution | should surrender tha
a which as a representative of the people
$ [ have no right to surrender-the right Q
h the people, through their representative,
n to establish the laws for the nation. |
IS this vote | feel sure that | am not actu
: ated by any partisan feeling or any motiv
If unworthy Of judicial consideration
IS have regretted that the debate has assume
is to any extent, political or partisan -as
e. pect.


1t Much has been said as to the politics
" consequences and the effect upon the pee