The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22
II Congress cannot clothe irdss with merely

II Congress cannot clothe Judge with merely
executive duties, how can they cotho an officer
or soldier Of the army with judicial duties over cit
liens OF the United States who are not in the mill
ary or laval service? So too, it has been repeat
edly decided that Congress cannot require State
officer, executive or judicial, to perform any duty
enjoined upon him oy law Of the United States.
executive officer OF the United States to perform
such duties in State2 If Congress could not vest
in Judge of one of these Statos any judicial au-
thority under the United States, by direct enact
ment, how can it accomplish the same thing indi-
an officer If the United States in his place?
To mo these considerations are conclusive of
the unconstitutionalty of this part of the bill now
before me, and earnestly commend their consd-
GRAFTON to the deliberate Judgment OF Congress-
of Congress has attempted to strip the Executive
Department Of the Government Of some Of it's
essential powers, The Constitution and the oath
provided in it devolve upon the President the
bower and the duty to see that the laws are faith
fully executed The Constitution, in order to
carry out this power gives him the choice OF the
agents, and makes them subject to his control AMI
supervision. But In tho execution Of these laws
the constitutional obligation upon the President
remains, but the power to exercise that constitu-
tional duty is effectuay taken away. The military
commander is, as to the power of appointment,
made to take the place OF the Fcsident, and the
General of the army the place of the Senate and
any attempt Oh pau VI Tue lIeSlOeTU 10 rs
sert his own constitutional power may, under pre-
tence of law, be met by official insubordnation.
It is to be feared that these military officers look
ing to the authority given by these laws, rather
than to the letter OF the Constitution, w!u recoS
nize no authority but the commander Of the dis
tri,t and the General Of the ARMY.
If there were no other objection than this to this
proposed legislation, it would be sufficient. While
hold the chief executive authority Of the United
States, while the obligation rests upon me 10 see
hat kho low orn faithfully tod T
never Willingly surrender that trust or the power
given for it's execution.
can never givo my assent to bo made respon-
sible for the faithful execution of laws and a the
same time surrender that trust and the powers
which accompany it to any other executive officer,
high or low, or to any number of executive officers.
II this Executive trust, vested by the Constitu-
tion in the President, is to be taken from him and
vested in subordinate officer, the responsibility
will be with Congress in clothing the subordinate
with unconstitutional power, and With the officer
who assumes It's exercise. This interference
with the constitutional authority of the
Executive department is an evil thaS Til inevitably
sap the foundations OF our federal system but it is
not tho worst evil Of this legislation 1t is great
public wrong to take from the President powers
conferred upon him alone by the Constitution, but
the wrong is moro fagrant and more dangerous
when the powers so taken from tho President are
conferred upon subordinate executive officers, and
especially upon military officers. Over neary one
third Of the States OF the Union military power,
regulated by no fixed law, ru es supreme.
Each ono Of these five district commanders,
though not chosen by the people or irresponsible to
them, exercises at this hour more executive pow
er, military and civil, than the people have ever
been willing to confer upon the head of the Execu
tive Department. though chosen by and response
BILE to themselves, The remedy must come from
the people themselves. They know what it is and
how it is to be applied At the present tune they
cannot according to the Constitution, repeal these
laws; they cannot remove or control this dcspo-
tism. The remedy, nevertheless is in their
hands; it is to be found in the ballot and is sure
one, if not controlled by fraud, overawed by arbi
delayed. With abiding confidence in their
patriotism wisdom and integrity, Fam still hope
full of tho future, and that in the end tho rod Of
despotism will be broken tho armed rule Of power
principles Of violated constitutional preserved.
ANDREW JOHNSON.
WASHINGTON, D. c., July l9, 1857.