Year: 1868

actually reversed by the courts.


In the first article, section seven
Of tho Constitution, it is provided
that


EVERY bill which shall have pass
ed the House of Representatives and
the Senate shall, bdfore il becomes a
law, be presented to the President of
the United States; if be approve, he
shall sign it, but If not, he shall re.
turn it with his objections to the
House in which II shall have origi.
mated, who shall enter the objections
at large on their Journal and pro.
ceed to consider it. If, after such
reconsideration, two. thirds Of that
House shall agree to pass the bill, il
shall be sent, together with the OBJ.
jections, to the other House, by
which it shall likewise be reconsider
ed, and if approved by two-thirds Of
that House il shall become a law"


1t is further provided in the same
section that


"If any bill shall not be returned
by the President within ten days
Sunday excepted) after il shall have
been presented TO him the same shall
be law in like manner as if he had
signed it, unless the Congress by
their adjournment prevent its return,
in which case it shall not be law"


Please note the express provision
that every bill which shall have pass
ed the House Of Representatives and
the Senate, if approved by the Presi-
dent, shall become a Jaw; if disap-
proved by him and returned with his
objections to Congress, and passed in
the mode prescribed, it shall become
law; or if not returned by him with
in ten days, as prescribed, il shall
become a law. Is it saying too much
to declare that bill thus acted into
law and declared by the Constitution
TO have become a law, shall be enforc.
ed and executed as law until re.
pealed by Congress! The accused,
by his counsel, would reply that it
only becomes law if in pursuance Of
the Constitution; to which We answer.
it must be held by the President to
be in pursuance of the Constitution.
and must be held until repealed or
judicially set aside, in pursuance of
the Constitution, by the courts. The
powers Of the President Of the United
States are expressly defined in and
limited by the Constitution, aud
among the powers conferred upon
him there is no excuse for saying that
he has either legislative or judicial
power; for, as we have seen, all legis.
lative power of the United States is
by that instrument vested in a Con-
gress, which shall consist Of Senate
and House of Representatives, and
all judicial power under the third ar.
ticle is by that instrument, subject to
the limitations of the Constitution,
vested exclusively in the Supreme
Court, aud such inferior courts as the
Congress may establish. The judi
cial power, as We have already stated,
is also expressly defined in the Con.
stitution and limited by it. Cases of
impeachment are not of the general
judicial power" as defined in the
third article of the Constitution, but
by the express terms Of the instru-
ment are within the exclusive juris.
diction of the House and Senate.
Consider for even a moment the
effect of admitting the assumption
Of this defense, that the President
shall only execute such laws as he
approves or deems constitutional.
Does not this assumption claim for
the President both judicial and leg
islative power2 If he may dispense,
under this pretence, withNou, act of
Congress may he not in like manner
dispense with all acts of Congress
aud refuse to execute any law on your
statute. book. If he does not follow
from the promises as necessarily as
effect follows efficient cause, | pray to
be informed why notp Are we, in
deed, in order to shelter this great
criminal, to adopt the bold assump
ton of unrestricted executive prero-
gative, the wild and guilty phautasy
that "the king can do no wrong"
and thus imperil the very existence
of the Constitution Does not such
assumption touch the very existence
OF that sacred charter of our liberties,
that form Of government that makes
us one people? No question ofgTeat
er import was ever addressed TO thu
American Senate. No question wa
ever presented or can ever be pre-
sented to the American Senate upon
the decision Of which greater inter
ests depend.


In considering this question the
Senate will bear in mind that thu
Constitution Of the United State
does not and cannot execute itself
and can only become opperatiy
through the laws duly enacted and
duly enforced in every State au,
Territory and rood of the Republic
A court to administer the judieia
power provided for in the third arti
Gle Of the Constitution cannot exis
without legislation. An election I
choose House of Representative
cannot be held without legislation
A President of the United State
cannot be chosen wishouta a Congress
or without legislation. Revenue can.
not b. raised or applied to the sup.
port of the Government OF the United
States without legislation. Armies
aud navies cannot be raised and sup
ported for the common defense Ior
rules be prescribed for their govern
nent without legislation. If, there
fore, the President of the United
States is at liberty to set aside all
legislation because he may deem it
unconstitutional, and suspend its ex-
eeution until it suits his pleasure to
make inquiry touching the eOustitu-