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These measures, WHETHER STRICTLY LEGAL or NOT, Were VENTURED upon what appeared to be a popular demand and a public necessity, trusting then as now, that Congress would rati fy them. It is believed that NOTHING HAS BEEN DONE beyond the Constitutional competency of Congress.” — Lincoln's Message, July 4. This is a curious commentary on the Constitution. First, the President has yielded to a popular demand to act ille gally, hence, when in the estimation of the President, popular demand asks him to violate the constitution he feels obliged to comply with the demand. Second, when in the estimation of a popular demand public necessity seems to require a violation of the Constitution,the President feels warranted in violating and disregarding that instrument. Third, after complying with popular de mand and the exigencies of public neces sity, ‘‘it is believed,” he says, ‘ that noth ing has been done beyond the Constitu tional competency of Congress,” that is to say, if the President acts unconstitu tionally in usurping the powers of Cong ress, Congress can in its competency overlook the fault, and ratify the act.— Very well. Suppose this to be true, which of course is no such thing, could not the President take upon himself ju dicial powers as well as powers of legisla tion if popular opinion demanded or en couraged his so doing, or if public neces sity in his own estimation required it to be done, and if he did so could not Cong ress ratify any decision he might make, or if Congress could not or would not, could not the Judge or Court whose place and powers the President usurped, con firm and ratify his decision and make it all right as if it were done by the Court itself which had the Constitutional power to do so. Why not? Who is to or who can put bounds to the power of the Presi dent after he is permitted to roam at will beyond the precincts of the Constitution. We shall not be surprised to hear that in the vacation of the Supreme Court at Washington, the President decides some important law questions affecting the state of the Union, and trust Congress or the Supreme Court, hardly the latter, as at present constituted to ratify, confirm, approve and validate his decision. Why not? we ask again “ Popular demand” might influence him to do it, especially if he believed that “public necessity” seemed to require it to be done, have we a President whose rule of conduct is law, or a Monarch whose will is the supreme rule? It is pretty near time to be asking this question, if Mr. Lincoln’s late Message has any meaning. --Dubuque Herald.
Newspaper Details
Banner of Liberty
Middletown, New York, US
Tue, Aug 13, 1861
Page 15
Full Page
Clipped by
R P.
USA 23 May 2026
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