The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-20

tident alone, or by the courts OF law or bv the
heaos OF departments but rests the appointm In
one tuooIohate executive officer, subject to the ap-
proval OF another subordinate executive of Ger; 80
mat ~ we put this question, and fix the character
OF lhls military appointee, either way this provI-
tion.
Take the case of a soldier or oficer appointed TO
perform lne otnoe OF judge in one of these States,
and as such to administer the proper laws of the
state, where is the authority to be found IN the
Oohsutuuon Tor vestng in military ar execu-
i've ofhcer strict judicial fun ctions to be exercised
under State law2 1t has been again and again de-
coed by the supreme Court of the United states
tnat acts OF Congress which have attempted to
vest executive power in the judicial courts or
judges OF the United States are not warranted bV
me constitution. II Congress cannot clothe a
Judge win merely executive duties, how can they
cothe an officer or soldier of the army with judi
oial duties over citizens of the United States who
are not in the military or naval servicel
So, too, It has been repeatedly decided that Con-
Rress cannot require State officer, executive or
judicial, to perform any duty enloined upon him
by law Of the United States. How, then, can
Congress confer power upon an executive officer
OF the United States 70 perform such duties in a
Statel II Congress could not vest in Judge of
one Of these States any Judicial authority under
The United States by direct enactment, how can It
accomplish the same thing indirectly by removing
the State judge and putting an officer of the United
States in his placel
To me these considerations are conclusive of the
unconstitutionalty Of the part OF the bill now be-
fore me, and earnestly commend their consider
alton to the deliberate judgment of Congress.
Within period of less than year the leg Station
OF Congress has attempted to strip the Executive
department of the government OF some of its
sential powers. The Constitution, and the oath
provided in it, evolves upon the President the
power and duty 10 that the laws are faith
fully executed. The Constitution, in order 10
carry out this power, gives him the choice of
the agents, and makes them subject to his control
and supervision; but in the execution OF these
laws the constitutional obligation upon the Pre-.
sident remains but the power to EXERCISE
that constitutional duty is effectualy taken ava y.
The military commander is, as to the power of ap-
poIntment, made to take the place of the Presl-
and the General of the the place of tle
Senate, and any attempt on the part of the Presi-
dent to assert his own constitutional power may,
under pretence OF law, be met by official insubor-
dInation.
It.is to be feared that these military officers,
looking to the authority given by these, rather than
10 the letter of the Constitution, will recognize
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 execu-
tive authority of the United States; whilst the
obligation rests upon me, to see that all the laws
are faithfully executed l can never willing sur
render that trust, or the powers given for its exc
cution, can never give my assent to be made re-
spOnsible for the faithful execution of the laws,
md at the same time surrender that trust and the
power which accompany IL, in any other execu-
i've officer, high or low, or 10 any number of exc
Ifthis executive trust, vested by the Constitution
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
constitutional power and with the officer who
sumes its exercise This in reference with the
stltutior al authority of the Executive Department
is evil that will inevitably sap the foundations of
FEDERAL system, but is not the worst evil of this
legislation. tits great public wrong to take from
The President powers conferred on MIN alone by
the Constitution. But the wrong is more hagrant
and more dangerous when the powers taken
from the President are conferred upon subordinate
executive officers, and especially upon military
officers. Over nearly one-third of the States of the
Union military power, regulated by no fixed law,
Teigns supreme Each one of the five district COM
mandeIs, though not chosen by the people or re-
sponsible to them, exercise at this hour more ex-
exutive power military and civil, than the people
have ever been willing to confer upon the head of
the Executive Department, though chosen by and
res ponsible TO themselves.
The remedy must come from the people them
selves. They know what 1t is, and how IL is 10 be
applied At the present time they cannot accord
ing to the forms of the Constitution, repeal these
laws. They cannot remove or control this military
despotism. The remedy is nevertheless in their
hands 1t is to be found in the ballot and is sure
one If not controlled by fraud, overawed by arbi-
traIy power, from apathy on their part too long
delayed.
With abiding confidence in their patriotism,
wisdom and integrity, am still hopeful Of the
future, and that in the end the rod of despotism
will be broken, the armed heel of power lifted
from the necks of the people, and the principles OF
"a violated Constitution preserved.
ANDREW JOHNSON