The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-08-06
We have not conquered these places, but
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We have not conquered these places, but
simply tepossessed them.
IF we require more sites for forts, Gus.
tom houses or other public uses, we must
acquire the title to them by purchase or
appropriation in the regular mode. At
| this moment the United States,in the ac-
QUESTION of sites for national cemeteries
in those States, acquires the title in the
same way. The Federal Courts sit in
court houses owned or leased by the
United States, not in court houses of the
States. The United States pays each Of
these States for the use Of its jails.
Finally the United States levies its d.
rect taxes and its internal revenue upon
the property in these States, including
the productions of the lands within their
territorial limits, not by way Of contri-
button in the character of a conqueror,
but in the regular way of taxation under
the same laws which apply to all the other
States of the Union.
From first to last, during the rebellion
and since, the title of each Of these States
to the lands and public buildings owned
by them has never been disturbed, and
not foot of it has ever been acquired
by the United States, even under q title
| of confscation, and not foot has ever
been taxed under Federal law.
In conclusion, | must respectfully call
the attention Of Congress to the consid-
Grafton of one more question arising un-
der this bill. 1t vests in the military
commander, subject only to the approval
of the General Of the army Of the United
States an unlimited power to remove from
Office any civil or military officer in each
of these ten States, and further power,
subject to the same approval, to detail or
Iappofnt any military officer or soldier of
the United States to perform the duties
of the officer so removed, and to fill all
vacancies occurring in these States, by
death resignation, or otherwise. The mill
tary appointee must be required to per-
form the duties of civil officer accord
+ ing to the laws of the State, and as such
| is required to take an oath, and is for the
time being civil sffcer. What is his
character Is he civil officer of the
State. or civil officer Of the United
States? Where is the Federal power un-
lder our Constitution which authorizes
his appointment by any Federal officer?
If, however, he is to be considered civ
| il officer Of the United States, as his ap-
pointment and oath would seem to indi.
cate, where is the authority for his appoint
ment by the Constitution? The power
(of the appointment Of all officers Of the
United States, civil or military, where
mot provided for in the Constitution, il
j vested in the .Presidentby and with the
advice and conseIt Of the Senate, viii
this exception, that Congress, by law
may vest the appointment of such infer,
ior officers as they may think proper il
the President alone, in the courts of Law
Tor in the heads Of departments. Blu
this bill, if these are to be considered in
ferior officers, within the meaning Of th'
j Constitution, does not provide for theil
i appointment by the President alone. o.
{ by the courts of law, or by the heads o
u departments; but vests the appointment
\ in subordinate officer.
n 80 if we put this question and ix tn,
j character of this military appointe
j either way, this provision Of the bill j
! equally opposed to the Constitution.
Il Take the case of soldier appointe'
to perform the Office Of Judge in one 0
these States. and as such to administe
Fl the proper laws Of the State, where j
the authority to be found in the Consti
/ tuition for yesting in military or an ex
f ecutive officer strictly judicial function
Ito be exercised under the State law?
: It has been again decided by the Su
: preme Court Of the United States tha
5 the acts of Congress which have attempt
led to vest executive power in the judi
cial courts, or in Judges of the Unite
Estates, are not warranted by the Con
/. stitution. If Congress can not clothe
: Judge with merely executive duties. ho'
E lean they clotbe an officer or soldier
the army with judicial dHtiesoyer citizen
: of the United States who are not in th
8 military or naval service?
ii So, too, it has been frequently decide
: that Congress can not require State OF
/. Iicer, either executive or judicial, to pei
: form any duty enjoined upon him by
g Ilaw of the United States. How can Cor
o gress, then, confer power upon an exc
y cutiye officer of the United States to pei
q form such duties in a State? If Cor
/. Igress could not vest in Judge of or
!. |of tLese States any judicial authority
!. 1.-THE United States, by direct enactmen
+ how can it accomplish the same thin
i llindirectly by removing a State Jude
10 and puttinga an officer Of the United Stat
Rim his placer
wi To me these considerations are concl,
d Isiye of the unconstitutionality of th
d part of the bill before me, and / earnes
> lly commend their consideration to Il
deliberate judgment of Congress.
If Within a period less than year Il
n Legislation Of Congress has attempted
J. strip the Executive Department of Il
n Government of some of its essential po'
q ers. The Constitution and the oath pr
If lvided in it devolyed on the President t
IS power and duty to see that the laws q
is faithfully executed. The Constitutio
5, lin order to carry out this power, CIV
il him choice of the agents, and max
ID them subject to his control and superv
es ion; but in the execution Of these la
D. the constitutional obligation upon t
y President remains, but the power to Q
n ercise that constitutional duty is effe'
as ually taken away. The military co
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