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

II Congress cannot clotho o Judge with merely
executive d4tics, how can they cloiho nh officer
Of tho United States Slo aro nat IN tho mill
tary or laval service2 80 too il has been repeat
odiy decided that Congress cannot require /, State
officer, executive or judicial, 10 perform any duty
cnjoincd upon him Dy o law of tho United States.
How, then, can Congress confer power upon nr
excGn5G exec ,; oSor &c Of tho United States 70 perform
IN judge OF ono OF these S,nfes H,iy judicial an,
thority under the United States, by direct enact
rnciy U" hy rnav;m, gmn ;nScGps PM the t1mo thing nd
IN officer 81 tho United States an his placer
=, 10 mo these considerations are conclusive of
tho unconstitutionality Of this part of tho bill now
before NO. and earnestly commend their consd-
Grafton to tho deliberate Judgment OF Copurcsy
Within period LEES than year tho lJssislation
OF Congress- has attempted TO strip the Executive
Department OF tho Government Of some Of its
essential powers, Tic Constitution ard tho oath
provided IN it ,lerolre upon the President tho
power and the duty to lee that the laws are faith
fully executed. Tho Constitution, in order to
carry out this power, gives him the choice ot tho
supervision. but III the caccnllon Of thc:s, law.
tho const unal obligation upon the Pro. rut
remains but the power to exercise that coustitu-
commander is, as to tho power OF appointment,
made to take the place nf tho Pstsidant and t,,e
General OF tho army tho place Of tn. senate. and
any attempt OIL tho pnit ol the rrcs!,cnt to ns-
scrt s own constitutional power may under pre-
tencc Of law, be met by onioinl iilsi,LurIIat;on
II IL TO be feared that these military otiicr1s look
ing TO tho authority given by these laws rather
than TO the lettor OF the ConstiiuliU will rccog-
niZc no authority but tho commander vi tho dis.
tri I and the General Of tho army.
III there wore no Othor objection than this to this
proposed legislation, it would DO sufficient While
hold the chief executive authority uf tile United
Statea while tho obligation rests upon me 10 eco
that oil tho laws aro faithfully executed, can
never Willingly surrender tliut trust or the powor
given Tor it's execution.
siblo for The faithful execution of laws ami at the
Same timo surrender that trust anu the powers
high or low, or to any number of executive officers
III tins Executive trust. rosted By the Constitu-
tton in tho President, is 10 DO taktr from him and
vested in subordinate officer, Tho responsibility
VIII bo with Congress in clothing tho subordinate
with unconstitutional power, and with tho officer
who assumes it's exercise. This interference
Executive department is oil evil that will inevitably
sap the foundations or federal system but IL in
not tho worst evil Of this legislation. II is great
public wrong to tako from Tho President powers
conferred upon him aluno by tho Constitution but
tho wrong il moro nagrant and moro dangerous
wnen ING powers 40 taken from tho President are
conferred upon subordinate executive officers nnl
especially upon military officers. Over nearv unc-
third OF tho States Of the Union military power, @
regulated by no fixed law, ru cs supreme
Each ono or thcso nyo district commanders,
though not chosen by the people or responsible to
thom, exercises at this hour moro executive pow
er, military and civil, tlnn tho people have over
been willing to confor upon tho head OF tho ESccu-
two Department, though chosen by and RESPONSE
pie to themselves. Tho nanedy must como from
how'll is to bo applied. Al lilo prcsont time tIor
cannoL according to tho Constitution repeal these
lnws; thoy cannot roniovo or control tiiia dcspo-
tism Tho remedy, nevertheless. is in tlicir
hands; it In to be found in tho ballot and is sure
one, II not controlled By finud, oycrawcd by nrb-
trGry powor or from apathy on their part too long
delayed. With abiding confidence in Their
patriotism. wisdom and integrity, am still hopc.
fnl of tho future, md that IN tho ond the rod OF
dcspotism will be brokcn, tho armed rule Of power
DC htted from tho necks OF Tho people, and tho
principles OF q violated Constitution preserved
ANDREW JOHNSON.
WASHINGTON, ID. c.. JULY 49, 1867