Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-08-25

Congress has no power whatever, to
require him TO assist In establishing a
military despotism any where, or in de-
priving freemen of the privilege Of the
writ OF Habeas Corpus, and trial by jury
They cannot impose It on him, the Presl-
dent Of a Republic composed OF a Union
Of States, to exercise the powers Of
CESAR or to permit an officer under
him 10 do so. They are utterly without
power to invest him or q military officer
under him with the powers of legisls-
ton they cannot eT1poWeT, aud much
less require him to create or TO permit q
General to create military commissions
IN time Of peace, for the trial Of citizens
and civilians, either for known or newly
created offences; because it would be 10
empower or cOnstrain him TO commit an
outrage and a crime. They cannot give
an Executive officer under him power 70
interfere with the proceedings OF
Courts Of Justice, OF themselves 70
judge between citizens, or pre-
vent the execution Of the laws OF a
State or ofthe process ola Court. In short,
although his veto proves Intellectual, n
for some purposes an unconstitutional
statute may have effect until snnulled Dy
the Judiciary, they,hsve not the power to
require him to perform an ~unconstitu-
tionsl act, or one contrary TO the rights
guaranteed by Magma Charta and b
amendments to the Constitution or TO
permit any officer Of his department.
under him, to do so, or TO exercise des-
Potic PoWers. If he does it, he does 1t
in HE 1Crong; fer no obligation
rests upon him, not even to the weight
Of an iufiRitesimal particle Of down, to do
or permit to be done any such act. He
cannot be forced to be GPGrtytO the sub
UersiOH Of the Constitution or the dssdssi-
nation ofHberty, or the criminal violation
Of pirate rights, or an aceoBpHee and
necessary in either. His oath not to do
either is registered in heaven. Is HE
KEEPING THAT OATH NOW?
The President is invested by the Con-
]stitution with large powers, to be exer-
cised for the permanent welfare Of the
country, the rights of the States, and the
rights guaranteed to individuals and he
is Of course burthened with correspon-
dent responsibilities, from which be can
not honorably or creditsbly escape.
The Congress was possessed of the
power to treat the Southern States as
having by their own act ceased to be
members Of the Union, and to establish
governments over them, as Provinces or
conquered territory, and, if it pleased,
utterly to refuse to admit them again
into the Union as States.
It had the power TO commit the
Executive functions Of government, in
these Provinces, to 3 military command
ant or Governor, appointed by and acting
under the President. 1t had the power
to annul or continue the legislatures, to
continue, or to snnul, or change or add
to the laws in force at the time Of the
conquest but it could not delegate that
power to a military officer. It could
grant such legislative powers, more or
less extensive, to such provincial Iegisls-
tive bodies as it should please to provide
for. Upon its formal declaration that
the Provinces were no longer States in
Union, the circuit and district courts of
the United States in them would st once
cease. The Supreme Court would Of ne
cessity be governed, in that respect by the
action OF the Legislature, and could not
review its decision. Upon that declara-
ton, the Congress could create territorial
or provincial courts, in every county, il it
pleased, and make the tenure of Office Of
the judges q limited one, and define their
jurisdiction in civil and criminal matters.
But when once these Courts were es-
tsblished, the Military Governor could
not be empowered to review their de-
cisions, or TO impede the execution Of
their process, mesne or final. The Judi
Oisl functions must, under the COnstitu-
ton and by the spirit Of our system of
government, belong exclusively to the
Judiciary. Congress could give the Gov
ernOr an absolute veto, IL it pleased, on
the action Of the Legislature; but they
could no more invest him with legisla-
tive than with judicial powers. If they
could DO either, they could do both, con-
centrate all powers in his hands, and thus
an rnrnfffoaf TOD s4nar,Ff1p- -
undertook to create such a des-
by an act passed in spite Of the
Presidents veto, it would be his sworn
duty to refuse to execute If or permit it
10 be executed. He is to see the lars
faithfully executed but he is sworn to
preserve the Constitution, and a Statute
that violates the Constitution is not q
law, butts nullity.
Congress did not choose to change the
laws Of the conquered States. It did not
choose to sunul their Legislatures. It
did not wen declare that they were not
but only that their Governments
were Illegal, and then r~e-orested and re-
established those Governments 10y adopt
ing them, just as they stood, as provis-
iOnal Governments. They could not
decide them illegal, and so annul their
past action for that is an exercise Of
power, and Congress possesses
none. But they could, assigning it,
whether It were true or false, as a reason,
abolish those Governments and re-estsb-
lish them as provisional,
This they did. They created no new
tribunals, to enforce the civil or criminal
code. They undertook to empower the
military commandments to do this but it
il contrary to the Constitution and the
of English liberty to subject citi-
zens in time OF peace to military juris- 4
dictiOn, and take from them the right Of
tnal by jury. They declared that the
conquered States were placed under the
military authority Of the United States.
That placed them under the power Of
the President, who has the whole ExeeU-
tive power but it could not authorize
him to exercise powers prohibited by the
Constitution.
The President owes it to himself to as
sert his prerogstives to their full extent,
especially In the matter Of removal from
office, and compelling the obedience Of
military subordinstes. He owes it to
himself and to the Constitution, and TO
the people and their posterity, to resist
al eEGroachments on his powers and
rights as the Chief Magistrate in whom
executive power Of the nation is
vested; and to refuse 10 obey the uneon-
stitutionsl enaetments Of passion and
He stands in the breach battered
In the Wall Of the Constitution, and
must, if necessary, fall and die there.
He occupies q great place, and must be
great himself, or be will be nothing.
Halfsmeasures are useless. What il
wanted Is that he should be President in
fact as well IS in name. The Command
OF Districts are officers Of the army.
Il Is the military authority that gov-
Congress, by these as lis
agents. That is nonsense. The Presi-
dent should, by 8 general order, so de-
clare, define and assert his lawful pre-
-oroffvas and Daramptorflv probEbfs IT, /