Baton Rouge tri-weekly gazette & comet. [volume] (Baton Rouge, La.) 1865-18??, 1867-07-23
BILE RIA PH &c.
Foreign and Domestic.

WAsHIEGToN, July 80 Senats. - The
House amendment allowing negroes to
servo on Juries, adopted. ~
The JOINT resolutions from the House
nullifying the DEGREES Of the Court Of
Claims was severely den ounced by Turn
bull.
Sumner introduced bill to strike ont
the word Hwhte'' from the naturalization
laws. Referred to Judiciary Committee.
The veto was read and the bill passed
Notwithstanding by vote of 80 to O..
Nays. Bayard, Buckalew, DAVIS, Hem
bricks. Johnson and Patterson, of Ten mes
see. The chair announced that tho bill
was law. The Reconstruction Appropria-
ton bill was passed over the veto.
The Senate passed resolution to adjourn
| tomorrow at S o'clock to the first Monday
in Decembe, by % to Is, the latter figure
representing the impeachment element.
Senate adjourned.
| message covers three columns and argues
elaborately the inconsistencies, unconsti-
tunonality and tyranny Of the act.
Abiding to the declaration that the
State governments are all illegal, the
President says a singular contradiction Ia
apparent here. Congress declares these
local State governments to be illegal gov
81 nments, and then provides that these
illegal governments shall be carried on by
Federal officers who are to perform the
very duties imposed upon its own officers
by this illegal State authority. 1t Ger
tainly would be novel spectacle if Con-
gress would attempt to carry on o legal
State government by the agency of its
own officers. 1t is yet stranger that Con-
gross attempts to sustain and carry on an
illegal State Government by the same
Federal agency.
With regard to title by conquest, he
says it is a new title acquired by war. 1t
only applies to territory for goods or
movabes Things regularly captured in
war are called booty, or If taken by indi-
vdual soldiers, plumber. There is not q
foot of land ia any one of these ten States
which the United States holds by conquest,
save only such land as did not belong to
either Of the States or to any individual
owner such lands as did belong to the
pretended Government called the Con-
Tolerate States. These lands we may claim
and hold by conquest. As to all other
lond or territory, whether belonging to
the States or individuals, the Federal
Government has now no moro title or
right to it than it had before the rebellion.
Within O period of less than a year the
Legislation of Congress has attempted to
strip the Executive Department of the
Government Of some OF its essential pow
ers. The Constitution and the oath pro-
vided by it, devolve upon the President
the power and the duty to see that the
laws are faithfully executed. The Consti
tuition, in order to carry out this power,
gives him the choice of the agents and
makes them subject to his control and su-
pervlsi0n, but in the execution of these
laws the constitutional duty is effeetually
taken away. The military com mander is,
as to the power Of appointment, made to
take the place of the President and the
general Of the army the place of the Sem
ate, and any attempt on the part of the
President TO assert his own constitutional
power, may, under ptetense of law, be met
by official insubordination.
1t is to be feared that these military off,
GERS, looking to the authority given by
these laws rather than to the letter of the
Constitution, will recognize no authority
but the Commander of the District and the
General of the Army. If there were no
other objection than this to this proposed
legislation it would be sufficient. Whilst
| hold the Chief Executive authority Of
the United States; whilst the obligation
rests upon me to see that all the laws are
faithfully executed, Gun never willingly
surrender that trust or the powers given
for ls execution. | can never give my
assent to DO made responsible for the
faithful execution Of laws, and at the Same
time surrender that trust and the powers
which accompany it to any other execu
tive officer, high or low, or to any mum Der
of executive officers. If this executive
trust, vested by the Constitution in the
President, is to be taken from him and
vested in d subordinate officer, the re-
sponsibility will be with Congress in cloth
ing the subordinate with unconstitutional
power, and with tho officer who assumes
its exercise. This interference with the
constitutional authority of the Executive
department is an evil that will inevitably
sap the foundations Of our Federal system;
but it is not the worst evil of this legisla-
ton. 1t is a great public wrong to take
from the President powers conferred on
him alone by the Constitution, but the
wrong is more fragrant and more danger
Gus when the powers SO taken from the
President are conferred upon subordinate
executive officers, and especially upon
military officers.
Over one third Of the United States mill
itary power regulated by no fixed law les
supreme. Each one Of those five districts
Commanders, though not chosen by tho
people or responsible to them, exercise at
this hour more executive power, military
and civil, than the people have ever been
willing to confer upon the head of the Ex-
ecwtive Department, though chosen by
and responsible 10 themselves. The rem
edy must come from the people themselves.
They know what it is and how it is to be
applied The present time they cannot
according 20 I he Constitution reDeal their