Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1867-07-31

ecutive officer of tue United States to perform
such duties in State? If 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 place?
70 me these considerations are conclusive
Of the unconstitutioDality of this part of the
bill now before me, and [ earnestly COM
mend their consideration to the deliberate
Judgment of Congress.
i Within period less than year the legis-
Iation of Congress has attempted to strip the
Executive Department of the govern uent. of
some of its essential powers. The constitu-
tion and the oath provided in it devolve upon
the President the power and the duty to see
that the laws are faithfully executed. The
lconstitution, in order to carry out this power,
lsgves him the choice of the agents, and makes
1them subject to his control and supervision.
lsBut in The execution of these laws the consti-
Iitutional obligation upon the President re-
mains, but the power to exercise that consli-
Itutiona duty is effectually taken away.
\ The Military Commander is. as to the pow.
ser of appointment, made to take the place OF
1.-The President, and the General Of the army
1.-THE place of the Senate, aud any attempt on
the part of the President to assert his own
constitutional power may, under pretence Of
1 law, be met bs official insubordination. 1t is
to be feared that these military officers, look
ling to the authority given by. these laws,
| rather than to the letter Of the constitutioD
/ will recognize no authority but the comman
1 der of the district and the General of the
army.
If there were no other objection than this
| to this proposed legislation, it would be suih'
cient. Whilst hold the chief executive au
thority OF the United States whilst the ob
eaiion rests upoa me to see that all the laws
are faithfully executed, I can never willingly
surrender. that trust. or the powers given lol
its execution.
can never give my assent to be made
| responsible for the faithful! execution OF law:
and at the same time surrender that trust ant
the powers which accompany it to any other
executive cfccr, high or low, or to any NUM-
Der Of executive officers.
TIE WRONG AND THE REMEDY.
II this executive trust, yes cd by tho con
slitution in the President is to he taken from
him and vested in y subordinate officer, tht
responsibility will be with Congress in cloth
irg the subordinate with unconsii.uliona
power, and with the officer VINO assumes III
exercise. TLis interference with the constt
tulional authority of the Executive Depart
ment is an evil thai will inevitably sap th'
foundations Of our Federal system; but it i
L.. l.. LAT, II IL .
great public wrong 10 Ia ke from the PreSlden
| powcrs conferred upon him alone by the cou
s.ituiion, but tie wrong is more fragrant ait
mere dangerou; when the powers Sd taker
from the President are conferred upon subor
d:nate cxecuiivc officers, and especially upol
military oIicers. Over nearly onc.;hird o
The States Of the Union military power, reg
ulated by nc fixed law, rulcs supreme.
!. Each one of these five District Comman
I ders, though net chosen by the people or re
sponsihc to them, exercises at this hour NOR
executive p:wcr, military and civil, than tn
people have ever been wiling to confer upol
tie head ol the Executive Depar;penl Thong
chosen BY and responsible 10 themselves. Th
remedy r:ust conc from the people them
selves. They know what it is, and how it i
TO he applied. st the present time they can
not aecarling to the constitution. repeal thes
laws; !hcjy cannot rcndge or control thi
military dcspotism. Tie remedy, ncverthc
less, is ia thsic hands it is 10 he found in til
ballot, :.ni il :. sure cnG, il not controlled b
fraud, oyerawed BIZ arbitrary pcWer, or iro'
apathy on their "a too o:g tiellycd. VIII
/, abiding coni.lercc in their pa!rioti,m, wisdom
and ricn>ity, | am still hopeful of the future
.,,, 80, t. ~. and tic rod Of despoli>m vii
:l0h tLaI I.--
be broken, the armed rule Of power be lille.
from the necks of the pc pie, and the prlncl
pies of violated constitution pr: served.
SNDuEW JOHNSON