The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-19
The VETO MESSAGE FOREsHNpOWEp.
IL the President bound to Execute the
Last RecOnstructIOn Law OF COnRressE
Mr.. JOhnsOn's O1icial Organ Tanks
NOt-COngross and ats Laws arc TO be

Last RecOmstructiOm Law OF COnRressg
Mr.. JOhmsOn's OGicial Organ Thinks
NOt-COngress and Ats Laws arc to be
Deded.
From The Washington I1lteLHgencer ofyesterddy
solemnly sensible Of the moral responsibility
we assume to readers OF discrimination and
candor, we deliberately announce our conscl
entious belief that national crisis Is at hand.
With the humility of painful conviction we
offer to-day no rash observations; but IN melan-
choly sincerity we implore every citizen TO
sion, and consider with us the transcendent
issue which appears at last to nave arisen IN the
partisanship, and which, we are constrained to
believe threatens conseqences OF infinite Gala
nifty TO all classes of the American people
A bill has been framed in the national legis-
lature, in which are contained many features
kindred to those of the expedtency and uncon-
stitutionality of which our convictions are well
known. But great as we deem an occasion on
organicla law is in question, the present is one
when mere infractions OF the Constitution,
however gross in form or evil 10 tendency, must
be assigned grade to which our discourse can.
not descend. The decisions OF the courts, the
influences arising from business and social re-
latons, and even the fluctuations of party
ascendancy, may modify, correct, or overrule,
sooner or later, the errors OF legislation, how
ever deplorable in actual mischief or in hypo.
theticai tendency. The frame of the political
body may still BubSSt In It's vital organs for
the conservation of remedial agencies, But
when, from. whatever cause and by whatever
instrumen talities, the essential pillars of the
State are tottering, interests, otherwise of the
To a question of such gloomy dignity we
humbly invite our fellow-citizens. The tripod
of Government--the fundamental division into
executive, Legislative, and judicial depart
ments; the sole equilibrium of order, the prl-
mordial principle of this great republic-is
menaced and ii it is suffered TO fall, our society
must swiftly go to ruin. Let us consider the
bill which is before the President for his action
1t is supplementary to two other acts of Con-
gress now in force, under which, according to
the responsible opinion of jurlst. there does
not exist for all the purposes of q State, except
keeping the peace and conducting certain cleo
tiOns, valid local government, under and by
virtue of the Constitution and the popular viii
of each State. The present supplementary bill
provides in the first section that said Govern
ments, If continued, were continued subject in
allrespectS to the military commanders OF the
respective districts, and TO the paramount
authority of Congress-" these districts being
enjoying their constitutional relations in the
Union, and the commanders being officers of the
national army detailed to them respectively in
conformity to the previous statute, of which the
words quoted are declared to be the valid inter
that the several district commanders, not by
authority of the Commander-inC Chief nor of the
General of the Army, but subject to the disap-
proval of the latter, and inferentially not SUBJ
ject TO the disapproval of the former, but by the
exclusive authority of Congress and by force of
this act. shall have and exercise the appointing
power whenever 'In the opinion of such COM
napder, the proper administration OF said act
Under the declared statutes above and under
such provision, no official in the State acts by
sent of the governed" is solemnly and formally
abrogated as law and as a principle in one
There is, therefore, no vestige to be left of
any kind of local authority. Local action, by
whomsoever performed, or under Whatts9eveFf
san ction, and must derive the whole OF It's
validity from the virtue negatiEyeiy ely or POSI-
lively given it by the general Government.
Whether it is constitutional thus to cancel In
toto the entire corporate being OF a State. ana 10
twelve millions OF persons, once on an equal
footing with all the members OF the Union, is a
lively inconsiderable at this grave moment.
But the observation which BELTS this place Is,
others Se in the bil ali legislative, executive. and
judicial power operative in those states is
merged in the general mass Of egislaitisye, s ex-
All public agents, then, must necessarily be
public agents of the United States There are
degree. This, however, is not left to inference.
| The ninth section expressly requires the whole
| of them, without exception, not already adopted
taking the oath of office prescribed by the act of
| Congress in 1862 In number, the great majo-
rity of these officers of the United States have
| become such by adoption, but the remainder
| are TO be appointed on behalf of the United
! States. No provision is made for commissioning
| them but official competency does not depend
| wholly upon commission, but mainly upon
| de fdctO performance under due appointment.
| The provisions quoted, and many others in
| the bin, cont emplate a power to be vested In
the respecli@ve I'VE WrLh
| biity for the administration or these statutes,
| in the manner of an Executive magistrate BY
| the third section the General of the army Is
| vested with the like power and responsibility
as to removing and appointing officers. II is
| observable that, Notwithstanding the peculiar
and powerful civil functions devolved upon
these officers, IL was not thought MT TO blnd
| them by any peculiar OATH none being required
but what they have taken in common with the
cadets at West Point as qualification for an
exclusively military office
The several provisions oveTruling the At
| torney-G Generals construction OF the former acts
distinctly impart the independent power OF
removal and appointment to each commander,
and to the General OF the army, whenever they
may deem 1t expedient to exercise the discre-
tion in the case of every officer acting In their
respective districts, without any exception, but
1nferenually OF postmasters. revenue officers,
and judges, district attorneys, marshals etc., of
the courts belonging to the regular judiciary OF
the United States.
be imputed to the following deductions from
the foregoing
Without Considering whether or not by an
abuse of the Constitution Congress has thought
ft to occasion an immense accession to the
jurisdiction of the United States, as a Govern
| ment of limited powers, and consistently with
the accession has made provision for a CORES
ponding complement OF officers and agents,
greater in number, perhaps than the entire
| official list of the United States hitherto and
also for system OF colonial government and
political regulation, comprised In the reslduum
| OF ioiYnef laws Of the States respectively,
and in the statutes of which these, including
the present bill, are the principal which may
| go under the general name of Reconstruction
laws" the marked features of this system
are three:-l. That the Government is essen
TALLY military. 2. That all officers and agents
| employed in Its administfatton-R&ecut
legislative, and judicial--primarily Federal, on
so by adoption, under and by virtue of the said
States, are removable at pleasure. 3. That the
President OF the United States is virtually ex'
onerated by these laws from agency or respon-
sibility in their execution. A fourth popularity
| .FN o. pnN aaTan Mt nar