Year: 1866

that the President had propounded GER
tain questions to the Attorney General
as to the legality Of the present Congress
and the powers of that body and how it
should be treated by him, is pronounced
a canard, il is still thought probable
that either in an informal manner be-
fore the cabinet the questions alleged to
have been propounded to the Attorney
General were discussed or they may
have been addressed to Mr.. Stanberry by
the President for the sole purpose Of OBJ
tanning q legal Interpretation Of the
Constitution upon which the President
could gracefully retire rom his present
unfortunate position in reference to his
supreme power in the Government, The
Louisville Journal Of October 9th has
an article which looks as if this matter
had been considered by Mr. Stanberry;
and as the views of the Journal as to the
legal relations which exist between Con-
4 gress and the President are probably the
views of the Attorney General, who is a
Il personal friend Of Mr.. Prentice, the edi
q tor of that paper, the following article
4 from its columns has some significance
at the present time:


Not a few persons have an impression
that the President somehow may con-
stitutionally take the remedy of admit
ting Southern members into his own
hands. The impression no doubt arises
from the consideration that the Presi-
dent is bound 20 execute the laws, taken
in connection with the further considera-
ton that the Constitution, which is the
fundamental law, entities the several
States to representation in the Congress;
whence, as is inferred at the first blush,
the President is bound to enforce the
claim Of the several States to representa-
ton. This inference, however, will dis
appear at a second glance, when it will
be seen that the power under which the
claim of representation is denied belongs
appropriately to the two Houses, which,
as constituting an independent branch
Of the Government are not responsible
# TO a coordinate branch for the use or
abuse of their appropriate powers
Neither the Executive nor the Judiciary
can law fully call the Congress to aC-
count: nor can the Executive and the


Judiciary combined. The Executive


NAV veto q bill, and the Judiciary may


invalidate a law, but, within the limits
Of these checks, the Congress is uncon
trolled. This degree Of responsibility
as we need not say, springs from The
.,;v s,>1, go . "a IicFrihufInp n
In our political system, and unquestiOn
ably wherever temporary and partla
Evil flows therefrom is richly compensat
&c by the permanent and general bless
l ings itassures. The principle lies at tn
1 foundation of all free government. 1t il


the true palladium Of liberty. We hav


eniOyed it's blessings throughout our na


tonal life, and enjoy them to-day; 1t
/ more grievOus evils we now suffer 10
| the first time, suffering them, moreover
| With clear prospect of speedy, thoroug
| and lawful relief if The people shall bu
prove true to themselves.


For, though the two Houses of Con
eress in the use or abuse Of their at


propriate powers are not responsible t


The Executive or TO the Judiciary or I


both combined, they are responsible t


the people, who, by every motive of sci


interest and Of self-preservation, ar


bound to make the responsibility efectr


al And they will do it. They wi


hurl from power their unfaithful sci


wants, and choose men, who, sacrificin


party to the country, instead Of tn


country to party, will obey the constitI


tion and restore the Union. The ottens


is committed against the people. An


with them lies the remedy under til
powers of the government. The remed
viii be efrectually applied. 1t may r


quire little time; but let no patrio
, growing impatient under delay, perm
b himself to wish for the swifter method


OF arbitrary power. Let every patrl
rather throw a double energy into h
support of the slow but sure and tr


methods of the laws. It is precise
, such junctures as this which are fittt


to exhibit most clearly the strength al


beauty of the government. Let us stal


by our institutions in thought as well


in deed. The treacherous Congressm


at washington are not alone on tri
We are all on trial. The government
again on ttial. Peace has its trials
e. less terrible than war; but it also b
T. its victories no less renowned" a
n we believe, as we pray, that the issue
= the pending trial will be of them.