Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-07-31
TIE PRESIDENTIAL rnErocsrl7E.

II conclusion must respectfully ask the
attention cf Congress to thu consideration o!
one more question arising under this bill. 1t
vests III the Military Commanders. subject
ar!y 70 Inc approval Of the General o! lhc
array OF The Unitsd S'aics. an unlimited pow
or 10 remove from Office any cisll CT military
I officer in each of these ten States, and the
further power, subject to the same approval
to detail or appoint any military officer ors2l.
dier of tie United States to perform the du-
les of the officer so removed ard to fill all
vacancies ocaSsioneG in those States by death,
resignation, Or otherwise.
Tie military appoiniec thus required 10 pc
form The duties OF 9 civil officer according 10
the laws OF the State, and a8 such required 10
take all oath, is, for the time being, civil
officer What is his character? Is he a
civil officer of the State or civil officer Of
the United States? If he is civil officer Of
the State, where is the Federal power, under
CUR constitutions which authorizes his appoint
meni by any Federal officer? L, however,
lie Is to Eo considered & cisii of:csr Gf tie
United States, as his appointment and ostil
would seem to indicate, whe Is the auihoPi-
y for his appointment vested by, ,theconsiitu.
ton? The p,wer Of appointment of all
officers of the United States, civil or milit.ry.
where not provided for in the constitution. is
vested in the President, by and with the nd
yire ard consent of the Senate, with this cx.
ception that Congress may by aw vest the
appointment of such Inferior officers as they
think proper in the President alone, in the
courts Of law, or in heads of departments.
But this bill, if these arc TO BE- considered in
frrior officers within the meaning of the con-
sitution, does not provide lor their appoint
mcnt by the President alone, or the courts of
law, Or by the heads of departments, but vests
the appointment in one su ordinate executive
officer, subject to the approval of another
subordinate executive officer. So that if we
put this question and fix the character cf the
military appontce either way, this provision
of the bill is equally opposed 10 tho oonati
tuition.
Take the case of soldier OF officer ar
pointed 10 perform the eiiice Of Judge in one
of these States, and as such to administer the
proper laws Of tho State. Where is the au-
thority to be found in the constitution for
vesiing in military or an executive officer
strict judicial functions to be exercised under
State law? II as been again and again de-
ciled by the Supreme Court of the United
States that acts Of Congress which have at.
tempted 10 vest executive powers in the judi
cial courts Or judges Of the United States,
are not warranted by tue constitution.
If Congress cannot clothe Judge with
merely executive duties, how can they clolhe
an officer or soldier of the army with judicial
duties over citizens Of the United States who
are not in the military or naval service? So,
too, it has been repeatedly decided that Con-
gress cannot require State officer, executive
or judicial, to perform any lI!Ey erjoincd upon
him by e law of the United States. How,