Year: 1867

n, on
, level with their !Oysl conquerors, would


have been deemed n TOOL, and would have


been found insane by any inquisitior de


tlUldtico iHqulreHdo. In monarchial gov


ernments, where the sovereign power Sests


IN the crown, the King would have fixed


the condition of the conquered provinces


He might have extended the laws of his


empire over them, allowed them to retain


portions of their old institutions, or, by


conditions of peace have fixed upon them
new and exceptional laws. In this country


the whole sovereignty rests with the peo.


pie, and Is exercised through Congress as


sembled. The legislative power is the


sole guardian of that sovereignty. No


other branch Of the government ne 9th -


er department, no other officer of the gov


ernment, posse ses one single particle of


the sovereignty of the nation. No gov


ernment official, from President and Chief


Justice down, can do any one act which is


not prescribed and directed by the legls-


lative power. Suppose the government


were now to be organized for the time un-


der the Constitution, and the President


had been elected, and the Judiciary ap-


pointed, what could either do until Con-


gress passed laws to regulate their proceed


ings? What power would the President


have over any one subject of government


until Congress had legislated upon that


subject? No State could order the cleo


tiOE of members until Congress bad order


ed census ana made an apportionment.


Any exception to this rule has been . work


of grace in Congress by passing healing


acts. The President could not even Gre



Executive operations. He must ask leave
of Congress. Since then, the President
cannot enact, alter or modify single law,


cannot even create a petty office within


his own sphere of duties if, in short, he


is the mere servant Of the people, who is


sue their commands to him through Con-


gresss, whence does he derive the consti-


tutional power to create new States to re-


model old ones, to dictate organic laws;
to fix qualifications of voters; to declare


that States are republican and entitled to
representation, and to command Congress


to admit their representatives To my


mind it is either the most ignorant and


shallow mistake of his duties, or the most
| impudent and brazen usurpation of power.


II is claimed for him by some as the COM


mander in chief OF the army and navy
How absurd that a mere executive officer
should claim creative powers. Though


Commander in Chief by the Constitution,


he would have nothing to command, either


by sea or land, until Congress raised both


army and navy. Congress also prescrlbes
the rules and regulations that govern the
army. Even that is not left to the Com


mander-in- Chief. Though the President
is Commander in Chief, Congress Is his
commander; and God willing he shall
obey. He said his minions shall learn
that this is not government of kings and
satraps, but government of the people,
and that Congress is the people. There Is


not one word in the Constitution that gives
one particle of anything but Judicial and


Exeetiue power to any other department


of government but Congress. The veto


power is no exception; it is merely pow


er to compel a reconsideration. What
can be plainers "All legislative powers


herein granted shall be vested in Con-


gress of the United States. Such shall
consist of Senate and House of Repre-
sentatives." (Art. 1, sec 1, Con. O. 81
To reconstruct the nation, to admit new
States, to guarantee republican govern


ments to old States, are all legislative acts.
The President claims the right to exercise
them. Congress denies it, and asserts the
right to belong to the legislative branch.


They have determined to defend these
rights against all usurpers. They have de-
termined that while in their keeping the


Constitution shall. not be violated with i'm


punity. This take to be the great ques-


tiOn between the President and Congress
He claims the right to reconstruct by his
own power. Congress denies him all pow
er in the matter, except that ofadvice, and
is determined to maintain such denial
'.My policy" asserts full power in the Ex-
eeutive. The policy of Congress forbids
him to exercise power therein. Beyond
this do not agree that the''policy" of the
parties are defined. To be sure many sub
ordinate Items of the policy may be easily
sketched. The President Is for exOnera-
ting the conquered rebels from all the ex-
pense and damages of the war, and for
compelling the loyal citizens to pay the
whole debt caused by the rebellion. He
insists that those of our people who were
plrndered and their property burned and
destoyed by rebel raiders shall not be in
demnifed, but shall bear their own loss,
while the rebels shall retain their proper
3
by the Congress of the United States. He 1
desires that the traitors (having sternly |
executed that most important leader right
ly merges as a high example,, should be
exempt from further fine, imprisonment,
forfeiture, exile or capital punishment
and be declared entitled to all the rights
of loyal citizens. He desires that the
States created by him shall be acknowl-
edged rs valid States, while at the same
time ne inconsistently declares that the
old rebel States are in full existence and
always have been, and have equal rights
with the loyal States. He opposes the
amendment to the Constitution which
changes the basis of representation and de-
slres the old slave States to have the ben
eft of their increase of freedom without
increasing the number of votes. In short,
he desires to make the vote of one rebel
in South Carolina equal to the vote of three
freemen in Pennsylvania or New York.
He is determined tC force solid rebel
delegation into Congress from the South,
and together with Northern COpperheads.
could at once control Congress and elect
all future Presidents. In opposition to
these things, a portion of Congress seems
to desire that the conquered belligerent
shall, according to the law of nations, pay
at least part of the expenses and damages
of the war; and that especially the loyal
people who were plundered and lmpover-
ished by rebel raiders, shall be fully in
demniled. A majority of Congress de-
sires that treason shall DO made Odious,
not by bloody executions, but by other ad-
eauate punishments. Congress refuses to
treat the States created by him as of any
validity, and denies that the old rebel
States have any existence which gives
them any rights under the constItution.-
Congress insists on changing the basis of
so as to put white voters
on an equality in both sections, and that
such change shall precede the admission
of any State. deny that there is an un.
expressed or implied, that up
on the adoption Of the amendment BY any
State, that such State may be ad-
mitted before the amendment be-
comes part of the Constitution y
Such course would soon surrender
the government into the hands of rebels.
Such a course would be senseleSs, inconsist-
ent and illogical. Congress denies that
anv State lately in rebellion has any gov
ernment or constitution known to the
of the United States, or which
can be recognized Us a part Of the Union.
How then can such a State adopt the
To allow it would be yield
ng the whole question, and admitting the