Year: 1867

Woud De followed oy such unspeakable calami


that every true patriot must desire to avoid whi
ever might expose it to the slightest danger. I
great interests of the country require iSnmedis
relief from these enactments


BUSINESS IN THE SOUTH Is PAKALYzEp


By sense of general insecurity, by the terror
confseation and dread Of negro supremacy. Sout
ern trade, from which the North would have 4
rived so great profit under Government of Ia,
still languishes and can never be revived while
can be fettered by the arbitrary power which max
all its operations unsafe. That rich country IN
richest in natural resources the world ever saw,
worse than lost if 1t be not soon placed under th
proteetion g iree Constitution. Instead of beiu,
as II ought TO be, source of wealth and power
viii become an intolerable burden upon the resi-
the nation.


THE LATE ELECTIONS.


Another reason for retracing our steps will doub,
less be seen By Congress in the late manifestation
OF public opinion on the subject. We live in
country where popular will always forces obedienc
to itself sooner or later. 1t is vain to think of op
posing It with anything short Of legal authorit,
backed by overwhelming force. It cannot have g:
capped your attention that from the day on whicl
Congress fairly and formally presented the propo.
sition 70 govern the Southern States by militar,
force, with view to the ultimate establishment o
negro supremacy, every expression Of general sen
timent has been more or less adverse to IT,





tached from the institutions Of their ancestors
Their determination to preserye the inheritance O.
free government IN their own hands, and transmit
it undivided and unimpared 70 their own posterity
Is too strong to be successfully opposed Every
weaker passion VIII disappear before the love o.
liberty and law, for which the American people are
distinguished above all others in the world.


POWER OF THE EXECUTIVE


How lar the duty of the President to preserve
protect and defend the Constitution requires him to
go in opposing an unconstitutional act of Congress
is very serious and important question, on which
l nave deiberated much and felt extremely anxious
TO reach a proper conclusion. Where an act has
been passed according to the forms of the Consttu-
tion by the supreme legislative authority of the
country, executive resistance 30 it. especially in
times Of high party excitement would be likely to
produce violent collision between the respective ad-
herents Of the two branches of the Government
This would be simply civil war, and civil war must
be resorted 10 only last remedy for the worst OF
evils.


Whatever might tend to provoke il should be
most carefully avoided. A faithful and conscien-
tious magistrate will concede very much to honest
error, and something even to perverse malice be-
fore he will endanger the public peace and he will
not adopt forcble measures, or such as might lead
20 force, long the chances which are peaceable
remain open to him, his constituents 1t is true
that cases may occur in which the executive would
be compelled to stand on its rights and maintain
them regardless of consequences.


WHEN THE EXECUTIVE MAY RESIST AN ACT OF con-


GREss


If Congress should pass an act which is not only
in papable conflict with the Constitution, but viii
certainly, if carried out produce Immediate and ir
reparable injury to the organic structure of the Gov
ernment and if there be neither judicial remedy for
the wrongs it inficts, nor power in the people to
fbair
elected defenders if for instance the legislative de-
partment should pass an act, even through all the
forms of law. to abolish coordinate department of
in such case the President must take
the high responsibilities of his Office and save the
life of the nation at all hazards.


The ocalled reconstruction acts though as plain
ly unconstitutional as any that can be imagined,
were not believed to be within the class last men,
toned. The people were not wholly disarmed Of
the power of selfdefenee. In all the Northern
States they still hold in their hands the sacred right
of the ballot, and it was safe to beve that in due
time they would come to the rescue of their own
institutions 1t gives me pleasure to add that the
appeal to our common constituents was not taken
in vain, and that my confidence in their wisdom
and virtue seems not to have been misplaced. 1t is
well and publicly known that enormous frauds have
been perpetrated the treasury, and that colossal
fortunes have been made ct public expense This
species of corruption has Increased and is increas



total ruin and disgrace.


The public creditors and taxpayers are alike in
terested in an honest administr alton of the finances
and neither class will long endure the high-handed
robberies recently exposed For this discreditable
state of things there several causes, of the
taxes are so laid as to present irresistible temp
tation to avoid payment. The great sums officers
are rendered for the connivance at fraud create
pressure which is more than the virtue of many
withstand, and there can be no doubt that open dis
regardof constitutional obligations avowed by
of the highest and most influential men in the coun
try has greatly weakened the moral sense of those
who serve in subordinate places.


The expenses of the United States including the
interest the public debt are more than six times
33nqGh as they were seven years ago. To collect
peryson as we'll AZ ayqS a@3Rnt requires careful su
tenn has never been perfected and was ne sys-
ganized by the tenure of Office bill. The President
NAV be thoroughly convinced that an officer is in
capable dishonest or unfsithfu to.the Constitution
but under the law which l have named, his utmost
endeavors 20 complain to the Senate and ask the
privilege OF supplying his place with better man,
lf the Senate be regarded as personally hostile to
tho Prcsident) IT is natural aid not altogether un
reasonable for the officer 10 expect that 1t will lake
his part as far as possible TO restore him to his place
and give him triumph over his executive superior
officer and he has other chances Of HpHsity aris-
ing from accidental defects of evidence mado IN in
vestgatng il and secrecy Of hearing it, and IT is not
wonderful that official malfeasance should become
hold in proportion as delinquents learn TO think
themselves safe. / am entirely persuaded that un-
der such rule the President cannot perform the
great duty assigned TO him OF seeing the laws faith
fully executed and that It disables him most espe-
cialy from enforcing that rigid accountability which
ia necessary to the due execution of the revenue
laws.


The Constitution invess the President with au-
thority TO decide whether removal shall be made
in any given case. The act of Congress declares in
substance that he shall only such as he sup
poses to be unworthy Of their confidence. The Con-
sttution makes him sole udge in the premises, but
the statute takes away his isursdcton and transfers
it 10 the Senate, and leaves him nothing but the
odious and sometimes impractlcable duty OF becom-
ing prosecutor.


Tbe prosecution is TO be conducted before tribu-
nal whose members are not like him responsible to
the whole people, but 20 separate constituent bod
les, and who may hesr his accusation with great
disfavor The Senate Is absolutely without any
known standard of decision applicable to such
case Its judgment cannot be anticipated Tor It 10
not governed BY any rule The law does not define
what shall be deemed gosd cause lot removal II
is impossible even to conjecture what may or may
not be so considered by the Senate. The nature of
the subject forbids clear proof if the charge be in
eapacitv. what evidence viii support II? Fidelity
10 the Constitution msy le understood or msunder-
stood in thousand different ways, and by violent
party men in violent party times. unfaithfulness to
The Constitution may even come TO be considered
uerjtorjous. If an officer be accused of dishonesty,
how shall il be made out Will it be inferred from
acts unconnected with public duty from private
history or from general reputation, or must the
President await the commission OF an actual mis-
demeanor in Office and shall be, in the meantime,
risk character and the interest Of the nation in the
hands Of men to whom be cannot give his conf
dence, and must he forbesr bis complaint until the
mischief is done and canno! be prevented If bis
zeal in the public service should nlpel him to an
ticipate overt act must ne move at the peru o.
being tried himself for the offence Of slandering his
subordinates


In the present Circumstances OF the country, some
enc must be held responsible for official delinquen
cy of every kind. II Is sxtrsmely difficult to say
where that responsibility should Be thrown II It o.
not left where it has been placed BY the Constitu-
ton. But ell Just men Eill admit that the Presf
dent ought TO be entiselE relieved from such re
sponsibility if be csnnos meet il by reason OF re