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e numerous limitations and qualifications of authority and give many positive and many qualified rights。 In other words; they must be subject to rule and regulation。 This is the very essence of free political institutions。 The spirit of liberty is; indeed; a bold and fearless spirit; but it is also a sharp…sighted spirit: it is a cautious; sagacious; discriminating; far…seeing intelligence; it is jealous of encroachment; jealous of power; jealous of man。 It demands checks; it seeks for guards; it insists on securities; it entrenches itself behind strong defenses; and fortifies itself with all possible care against the assaults of ambition and passion。 It does not trust the amiable weaknesses of human nature; and; therefore; it will not permit power to overstep its prescribed limits; though benevolence; good intent; and patriotic purpose come along with it。 Neither does it satisfy itself with flashy and temporary resistance to illegal authority。 Far otherwise。 It seeks for duration and permanence; it looks before and after; and; building on the experience of ages which are past; it labors diligently for the benefit of ages to come。 This is the nature of constitutional liberty; and this is our liberty; if we will rightly understand and preserve it。 Every free government is necessarily complicated; because all such governments establish restraints; as well on the power of government itself as on that of individuals。 If we will abolish the distinction of branches; and have but one branch; if we will abolish jury trials; and leave all to the judge; if we will then ordain that the legislator shall himself be that judge; and if we will place the executive power in the same hands; we may readily simplify government。 We may easily bring it to the simplest of all possible forms; a pure despotism。 But a separation of departments; so far as practicable; and the preservation of clear lines of division between them; is the fundamental idea in the creation of all our constitutions; and; doubtless; the continuance of regulated liberty depends on maintaining these boundaries。〃
Each department is supreme within its own constitutionally prescribed limits; and the Supreme Court is made the umpire for the definition of the limits and the protection of the rights of all。 Neither Congress; nor the Executive; are authorized to determine the constitutionality and therefore the validity of their acts; or the limits of their jurisdiction under the Constitution; but the Supreme Court is so authorized; and it is the umpire before which all differences in that regard must be determined。 It is the tribunal of last resort; save the people themselves; before whom both Senate and House; and the Executive; must bow; and its decision is final in the interpretation of the Constitution。
A due regard; therefore; for the interpretation of law and the division of powers thus established; constitutes the great safeguard upon which the harmonious and successful operation of our political system depends。 On its religious observance rests; primarily; the preservation of our free institutions and the perpetuation of our peculiar system of popular government。 That quality of co…ordinationof the equality of the several Departments as adjusted by the Organic Actconstitutes the balance wheel of our political system。
The logical effect of the doctrines promulgated by the House of Representatives in that regard; and re…echoed on the floor of the Senate; in the press and on the stump throughout the North; were therefore not only revolutionary; but destructive。 To have removed the President upon accusations in reality based upon partisan and personalnot amounting even to substantial political differenceswould have been the establishment of a precedent of the most dangerous character。
In a large sense; the American system of politics and of government was on trial; quite as much as was Andrew Johnson。 The extreme element of American politics was in absolute control in the House of Representatives; and practically so; in the Senate。 The impeachment and removal of the President on unsubstantiated; or even remotely doubtful charges; simply: because of a disagreement between himself and Congress as to the method of treating a great public emergency; would have introduced a new and destructive practice into our political system。
Logically; the introduction of such a practice on that occasion would have been construed as a precedent for the treatment of future public emergencies。 Thus; it would have tended to disturb the now perfect adjustment of the balance of powers between the co…ordinate branches。 That quality of absolute supremacy of the several departments in their respective spheres; or functions; and of co…ordination or equality in their relations to each other; established by the Constitution as a guarantee of the perpetuity of our political system; would have been endangered; and the result could not have been otherwise than disaster in the future。
Logically; the Presidency would in time have been。 degraded to the position of a mere department for the execution of the decrees of the legislative branch。 Not illogically; the Supreme Court would have been the next object of attack; and the legislature have become; by this unconstitutional absorption of the powers of Government; the sole; controlling forcein short the Government。
That would; in time; by equally logical sequence; have been the natural; inevitable resultand the end。 The wreckage of the Great Republic of the age would have been strown upon the sands of the political seashorerelics of the disregard of the checks and balances established by the wisdom of its framers; in the fundamental lawand all for the satisfaction of personal ambitions and the hates of factional animosities。
History affords too many illustrations of that tendency to decadence and disruption from disregard of the proper and necessary checks and balances in the distribution and equalization of the powers of government; to permit us to doubt what the final end would have been had the President been removed on the unsubstantiated accusation preferred by the House of Representatives; Our peculiar system of political governmenta Democratic Republicpassed the danger point of its history in that hour。
It was indeed a narrow escape。 The history of civilization records no precisely similar condition。 The country then passed the most threatening period of its historybut passed it safely。 The result was the highest possible testimonial to the strength and endurance of properly adjusted Democratic institutions that history records。
It emphasized not only the capacity of the American people for intelligent and orderly self…government; but also the strength and endurance of our popular forms。 It was a profound surprise to those habituated to different political conditions。 They had witnessed with astonishment the quiet disbandment of millions of men but as yesterday engaged in mortal strifethe vast armies as peacefully returning to former vocations as though from a great paradeand now; from a state of civil convulsion that in many another nation would have produced armed collision and public disorder; they saw an entire people quietly acc