Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-07-26


carry out this power, gives him the choice
of the agents, and make them subject to
his control and supervision. But in the
execution of these laws the constitutional
obligation upon the President remains, but
the power to exercise that constitutional
duty is effectually taken away.
The military commander is, as to the
power of appointment, made to take the
place of the President, and the general of
the army the place of the Senate, and any
attempt on the part of the President to as
sert his own constitutional power may, I'M
der pretense of law, be met by official in
subordination. 1t is to be feared that
those military officers, looking to the au-
thority given by these laws, rather than TO
the letter of the constitution, will recOg-
nize no 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, I can
never willingly surrender that trust, or the
powers given for It's execution.
/ can never give my assent to be made
responsible for the faithful execution of
laws and ut the same time surrender that
trust and the powers which accompany it
to any other executive officer, high or low ;
or to any number of executive officers.
If this executive trust, vested by the
Constitution in the President, is to be ia
ken from him and vested in q subordinate
officer, the responsibility will be with Con-
gress in clothing the subordinate with I'M
constitutional power, and with the officer
who assumes its exercise. This interfer-
ence with the constitutional authority of
oor1 10 +lo4
will inevitably sap the foundations of our
federal system, but it is not the worst evil
Of this Legislation. It is a great public
wrong to take from the President powers
conferred upon him alone by the constitu
ton, but the wrong is more fragrant
and more dangerous when the powers SO
taken from the President are conferred
upon subordinate executive officers, and es-
pecially upon military officers. Over nearly
one-third of the States of the Union mill
tary power regulated by no fixed law, rules
supreme.
Each one of these five district command
ers, though not chosen by the people Or
responsible to them, exercise at this hour
more executive power, military and civil,
than the people have ever been willing
to confer upon the head of the exc
cutive department, though chosen by
and responsible to themselves. The
remedy must come from the people
themselves. They know what it is, and
how it is to be applied. At the present
time they cannot, according to the consti-
tuition, repeal these laws they cannot re-
move or control this military despotism.-
The remedy, nevertheless, is in their hands;
it is to be found i'll the ballot, and is sure
one, if not controlled by fraud, overawed
by arbitrary power, or from apathy on their
part too long delay. With abiding conf
dence in their patriotism, wisdom and in
tegrity, I am still hopeful Of the future, and
that in the end the rod of despotism will be
from tie necks of the people, and the prin
ciples of q violated constitution preserved.
ANDREW JOHNSON.
Washington, d. c., July 10, 1867.
Banlsruptcy-How 1T Affects the Debtor
the Creditor. and the Assignee-An Easy
why to Pay old Debts.
There seems to be a general desire for
compendious information in relation to an
Act approved on the second day of last
March, entitled Gan Act to establish O uni
form system of Bankruptcy throughout the
United States" AS q general thing pt ople
have as little to do with laws, and those
who interpret and execute them as possible;
and it sometimes happens that an Act which
is intended for the relief of large class of
people fails to accomplish the design in
tended simply because the people are ig-
norant of its intents, or do not know how
to proceed to take advantage of its priv
leges. When Congress passed the Act es-
tablishing uniform system of bankruptcy
throughout the United States, it was sup
posed that there was large class of men in
the country who were overburdened with
debts who would be glad to get rid of them
if some legal way was provided So long
as they were bound to the rock of misfor-
tune, Prometheus-like with a swarm of
like vultures feeding upon their
living, there would be neither hope nor
chance of re-establishing successful bust
ness, but if some Hercules, in the shape of
an Act of Congress, could kill the birds of
prey and deliver from the painful confine-
ment, the man thus released would start
even with the world once more, laying
anew the foundations for fortune. The
following familiar explanation of the oper
alton of the new law is taken from the New
York Gazette
THE RIGHTS AND DUTIES OF BANKRUPTS.
There are two kinds of bankruptcy known
to the lawyers-voluntary and involuntary. |
A debtor may be declared a bankrupt on
the petition of himself or of any creditor. |
In either case he must reside within the |
United States, and owe debts from which |
he may be discharged, exceeding three |
hundred dollars. If the bankrupt is pc
titioner he is required to take oath of al |
egiance, otherwise not. Petitions by the |
debtor himself will, at the outset, be sub
ect to the discussion of the authority of
this part Of the law, but this need occasion |
no alarm, and besides the argument cannot |
be avoided by q resort to the second meth
I'd, unless the case presents some Of the
acts specified in the law, as evidences Of
IN intent to defraud his creditors or avoid |
the payment of his debts. If a man is
dishonest and attempts to avail himself of |
the privileges of the bankrupt law, he
ought not to be surprised to find some diff
ticulties in being declared insolvent; but
for those who are willing to give up every
thing for the sake of discharging the old
which rest upon them, there is
nothing to fear.
When these facts, or any of them exist,
Of course without collision, as where a
debtor confesses judgment to one creditor
and procures another to petition against
himself on this fact-any creditor may OBJ
on, Of hon Of |