Year: 1866

: " u


mon sense of the country comedies, accus,
toms il to the contemplation Of the arbitrary
use OF extraordinary power And If, as with
us during the late war the exercise of that
power is in the hands Of magistrate entirely
! beloved and trusted, its essential and normal
peril becomes obscnred to the public eye.


10 our fathers who made the Constitution.
! however, there was no such obscuritv. They
had emerged from an; exhausting war with q
Government IN which the executive power
| had absorbed SO much more than its ripbtfnl
share, even in a monerchical system. that its
success in America would have been consti
tutional ruin IN England. When they fratn
ed our government, therefore, they defined
the power Of the Executive as exactly as Il
could be done. Thus the President was ,nada
Commander-in Chief Of the army aod ray,r
when IN actual service; but Congress- alone
was to declare war and raise and sunnorf ar
mics. lie was to veto any law which seemed
to him Objectionable; but two.thirds vote
of Congress was upon du~. consideration III
overpower his veto. b was 10 make treat
les' but only with the consent Of the two
tnlraS 81 tne 9ena' .ors present, and to appoint
env9ys 81 ana JuuP Paes, but only with the approx
a. q OF tne 9e' late. In the intention Of the fa-
tneTs, aho because of their faith in popular
system the motive power of the Government
was % reside in Congress, which was the i'm
~ .ediate representative of the people.


F, 1t was in obedience to this system and in
| full sympathy with the spirit from which it
| sprang that Mr. Lincoln, whom circumstances
compelled to assert the executive power to its
utmost legitimate extent, constantly appealed
! to Congress to justify his acts. During the
war he did not hesitate to state ''to whom it
might concern the terms upon which, as
Commander-in- Chief, he was ready to cease
operations in the field but he was careful to
say that the question of reorganization must
be finally determined by Congress. While the
war was still raging he said that he was willing
to recognize in any rebel State a Government
established and maintained by tenth of the
number of voters before the war; but he con
ceded that the admission to Congress of
State so constituted was a question for Con-
gress alone to decide.


President Lincoln died just as the work of
restoration was beginning. President John
son laid down by proclamation the terms upon
which rebel States might proceed to reorgan
ize but stated explicitly that the work was
| to be concluded only by the consent of Con
gress. He did his part as his sense of duty
and his view of public necessity demanded.
The States, empowered and directed by him,
did their part as they saw fit. Congress Is
now cautiously considering in what way most
wisely to do its part which officially complete





those who are utterly malignant at the over
throw of the late revolutionary movement
which sought the destruction Of the Govern
ment advise the President to lead new revo-
luton for the same purpose. Those who, in
1861, called upon .1all conservative people
to withstand the 'abolition frenzy OF A6ra-
ham Lincoln in undertaking Ito coeree Sow
ereign States :" now entreat the same people
to call upon the Executive power to seize the





This is a curious illustration Of the fact that
the devotees of slavery, which is q system of
brute force and blood and crime, have neither
the least conception of popular government,
nor the least faith in any methods but those
of the sword. Congress passes a law to pro-
teet the equal rights Of all citizens of every
color in the United States; and Garrett Da-
WIS., bred in the politics of slavery, thereupon
decares-not that he viii try to influence
public opinion to procure repeal OF the law
but that he viii devote the feeble remnant
of his life to overthrow the Government.
Salisbury of Delaware, another graduate Of
the same school, more or less sOberly announ
ces that his constituents viii resist the law to
the last. The New York Daily NelcS, which
reioiced at every bloody victory Of rebels over
loyal citizens, exhorts the President to shed
the bloodsof loyal representatives The New
York W0rld whose sympathy with the rebel



Presidential platform declared the war fail
ure, and whose fierce vituperation Of Abra-
ham Lincoln and Andrew johnson in their
fidelity to the Union is historical, begs Presi
dent johnson to disregard his oath; and the
Chicago Times. the deadly foe of the Union
and Of equal rights, urge him to sweep Con
gress out like chat.


These men and papers have no more idea
of a Constitutional Government than New
Zealanders Like Preston Brooks, politi-
clan of their school. if they do not like an ar
gument they are for knocking the advocate
upon the head. If they do not like the laws,
they are for instant revolution. 1.-THE Presi-
dent differs with Congress, he is to turn 1t out
Of doors; and if Congress which they IA
vored should differ with President whom
they did not ike, they would urge Congress
to hang him without delay This was pre-
cisely the course of the late rebels. They
were displeased with the result Of an election
and they immediately rose in arms; and IT IS
natural that those who eitherfrankly or sneak
ingly defended them should invite a repeti-
ton of rebellion.


But the exquisitely humorous aspect Of the
matter is, that those who urge revolution as a
remedy for legislation which they do not like,
solemnly call themselves Conservative 5.
Large property holders, with people Of regu-
lar industry and employment, and OF small
means will, Of course, see and appreciate the
advantages of such Conservatism. They have
been evident in Mexico for the last forty
years. They have been revealed in the con-
dition Of our own country duringthe last five
years. They would be illustrated in England
if, upon the passage of the pending Reform
Bill Lord Derby aud Mr. Disraeh could per-
suade the Queen to order the army to turn
Parliament into the street. Reduced to plain
statement the Conservative policy, as repre-
sented by the authorities we have named IS
the deliberate destruction ofour Government
by the absorption of the whole system in the
executive branch.


Now if any difference ofopinion exists be-
tween the executive and legislative authori-
ties the Constitution provides lawful and
peaceful remedy. In case OF extremity as OF
The veto, the President is to yield, aud the
viii of Congress prevails. The reason of this
is plain. The executive power is vested in a
single person, whom ambition or tanaticism
might tempt to overthrow the liberties of the
people. But Congress is the people by their
immediate representatives, and it is not sup
posable that they would conspire against
themselves. TO say that Congress, without
the representation of the late rebel States,
is not the people, is simply to say that we
have had no lawful government for five years
past. The nature Of the executive power in
our system is indicated by its name. 1t is the
power that executes the viii Of the people, as
expressed under certain conditions, through
its representatives. 1.-THE elective agent of
that newer Willfllly opposes the majority of