The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-06-19

| anu IN conformity tnefeWftn, CIVIL
officers are hereby authorized to con-
tinue the exercise of their proper
functions, and will be respected and
obeYed by the inhabitants.
The construction of his powers
under the Act of Congress places the
military commander on the same
footing as the Congress of the United
States. 1t assumes that "the para
mount authority of the United States
at any time to abolish, modify, con-
troll or supercede," is vested in him
as fully as it was reserved to Con-
gress. He deems himself n repre-
sentative of that paramount authority.
He puts himself upon an equality
with the law-making power of the
Union, the only paramount authority
in our Government, SO far, at least,
as the enactment of laws is concern
ed. He places himself OH higher
ground than the President, who is
simply nm executive officer. He as
sumes, directly or indirectly, all the
authority of the State, legislative,
executive and judicial, and in effect
declares II am the State
regret that 1 find it necessary to
speak so plainly of this assumption
of authority. I repeat what have
heretofore said, that 1 do not doubt
that all these orders have been issued
under an honest belief that they
We're necessary or expedient, and
fully warranted by the Act of Con
gress. There may be evils and mis-
chiefs in the laws which these people
have made for themselves, through
their own legislative bodies, which
require change; but none of these
can be so intolerable as the evils
and mischiefs which must ensue
from the sort of remedy applied.
One can plainly see what will be the
inevitable confusion and disorder
which such disturbances of the whole
civil policy of the State must pro-
duce. If these military edicts are
allowed to remain even during the
brief time in which this provisional
military government may be in pow
er, the seeds will be sown for such
future harvest of litigation as has
never been inflicted upon any other
people.
There is, in my opinion, an execu-
tive duty to be performed here which
cannot safely be avoided or delayed;
for, Notwithstanding the paramount
authority assumed by these com
manders, they are not, even as to
their proper executive duties, in any
sense clothed with paramount au-
thority. They are, at last, snbordi-
nate executive officers They are re-
sponsible to the President for the
proper execution of their duties, and
upon him rests the final responsible
ty. They are his selected agents.
His duty is not all performed by Sc
Letting such agents as he deems COM
petent; but the duty remains with
him to see to it that they execute
their duties faithfully and according
to law.
1t is true that this Act of Congress
only refers to the President in the
matter of selecting and appointing
these commanders, and i'll the matter
Of their powers and duties under the
law, the Act speaks in terms directly
to them; but this does not relieve
them from their responsibility to the
President, nor does it relieve him
from the constitutional obligation
imposed upon him, to see that all
"the laws be faithfully executed"
1t can scarcely be necessary to cite
authority for so plain q proposition
as this. Nevertheless, as we have a
recent decision completely in point,
l may as we'll refer to it,
Upon the motion made by the
State of Mississippi before the Su-
preme Court of The United States ut
its late term, for leave to file bill
against the President of the United
States to enjoin him against eXecut-
ing the very Acts of Congress now
under consideration, the opinion OF
the court upon dismissing that mo-
tion-and it seems to have been
unanimous-was delivered by the
Chief Justice. make the following
quotation from the opinions Very
different is the duty of the President
III the exercise of the to power see that
the laws are faithfully executed, and
| among those laws the Acts named in
tt. bill. BY the first Of these Acts,
he is required TO assign generals 10
command in the several military dis
tricts, and to detail sufficient military
force to enable such officers to dis
charge their duties under the law.
BY the supplementary Act, other
i,