The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22

II Congress cannot clotho judge with merely
executive autlcs, how can they cloiho officer
lzcns OF tho United States who arc not IN tho mill
tary or laval scrrice2 80 too il las been repeat
a oay aeciuca i ihat Congress- cannot require State
eenjoincd upon him Dy O law Of the United States.
How, then; ,,s can Congress confer power upon M
such dutics in State? II Congress- could mol vest
in Judge OF ono Of thcso States any judicial a
thority under the United States, by direct enact
mont, how can 1t accomplish the samo thing uIi-
rcctly, by removing tho State Judge and pnt iinp
nm @ officer a tho United s,ates in his placer
tho unconstitutonality Of this part of tho bill now
before me, and earnestly commend their consi
Grafton to tho deliberate Judgment OF Congress-.
Of Congress- has attempted to strip the Executive
Department OF the Government Of sorie of its
essential powers, The Constitution ard tho oatl,
provided IN it doyolvo upon the President tho
power and tho duty to that tho laws are faith
fully executed. Tho Constitution, in order 10
agents. and mak.s tcIn subject to liz, cont rol mn
supervision. But IN tho execution cr these law,
tho constitutional obligation upon the Pres itirnt
remains, but tho power TO exercise that conslilu-
tionnl duty is cilcctuallv taken away The military
corinantlcr IL, as to tho pOwor OF appoint ,,c,t
made to take the place Of tho P,s;dent. and the
General OF tho nrmy the place Of tn. Senate and
any attempt on tho part OF the Prcslucni 10 as-
scrt lns own constitutional power may, under pre-
tcncc of law, be met by official INSTRUMENTATION
1t is to bc feared that thcso military oi,icra ook
ing 10 tho authority given by these lava rather
than to the letter Of the Constitution, will rccog-
nizc no authority but The commander ui tho dis.
tr t and the General of tho army.
IT there were no Othor objection than this to this
proposed legislation, it would bc sufficient whiln
hold tho chief executive authority Of tho United
Statcs, wlilc tho obligation rests upon me 10 SEQ
that oil tho laws arc faithfully executed, / can
never Willingly surrender that trust, or the powor
given for its execution.
/ can mover givo my assent to DO made ro!pon-
nblo for tlc faithful execution Of laws and Mt the
samc tImo surrender that trust and the powers
which accompany it to any othor executive officer
high or low or to any number of executive officers
IT this Executive trust. vested by tho C0nstii,-
lion in tho President, il to bo taken from him and
vested i'll subordinate officer, tho responsibility
will bc with Congress in clothing tho subordinate
with viii unconstitutional power, and will, tho oiiiccr
who assumes its exercise. This Interference
with tho. constitutional authority OF tho
Executive department is noyil that will inevitably
sap the foundations OF our federal system bnt il in
not tho worst evil OF this legislation II is great
public wrong to tako from tho President powers
conferred upon him nlonc by the Constitution, but
when tho powers 30 taken from tho President are
conferred upon subordinate executive officers nnl
especially upon military officers Over ncar.y ono-
third OF tho States OF the Union military power
regulated by no fixed law, rii cs supreme.
Each one OF these lre district cOinmartlers
though not chosen by the people or responsible to
or, military and civil, than tho pooplo have ever
been willing to confor upon tho head OF tho Exccu-
bio to themselves, Tho lomedy must COMO from
tho people themselves. They know what Il ia. and
how it is tn bo applied. At lilo present tilno thoy
cannot, according to tho Constitutions repeal theso
inwB; they cannot romoyc or control tiiis drspo-
tisn. Tho rcmcdy, noverthclcss Is in tLcir
hands; it is to be found in the ballot and is smro
ono, il not controlled by faud, oycrawed by arbi-
trary powor, OF from apathy on their part too long
delayed. With abiding confidence in thoiSf
patriotism. wisdom aud integrity, am still hope
full of tho future md that III the end tho rod of
dcsPotism will DO brokon, tho armed rule OF powor
be lifted from the nocks OF tho people, and the
principles OF a violated Constitution preserved.
ANDREW JOHNSON,
WASHINGTON, D, c., July 10 lSt7