The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1867-07-21
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The PresItlent,s yeto.

Ao"inS 10 aSynopSls OF the PRESIDENT g
veto of the supplementary recon-
struction Act: tIsy ~ ssss
Alluding to the declaration that tho
State Governments areillegal, he saws
20 singular contradiction is apparent
here! Congress declares these local
State Governments to be illegal Go
vernments, and then provides that
these illegal Governments shall be
carried on by Federal officers. who
are to perform the very duties inn
posed on its own officers by this ille-
gal State authority. It certainly
would be novel spectacle if Congress-
should attempt to carry on a legal
Estate Government by the agency of
its. own officers It is vet mora
strange that Congress attempts to
sustain and carry on an illegal State
Government by the same novel
jagency. With regard to title by
conquest, he says ''it is new title,
acquired by war. 1t applies only to
territory; for goods or movable items
regularly captured in war are called
booty; or, if taken by individual sol
dlers, plunder. There is not foot
OF ground OF one Of these ten States
which the United States holds by
conquest, save only such land as did
not belong to either Of these States,
or to any individual owner. I mean
such lands as did belong to the pre-
tended Government called the Con
federate States. These lands we may
claim to hold by conquest. AS to all
other lands or territory, whether be-
longing to the States or to individu-
ds, the Federal Government has now
no more title or right to it than it
had before the rebellion" The mes
sage concludes as follows: 'sWithin
period less than year the legislation
of Congress has attempted to strip
the executive department of the go
vernment of some of its essential
powers. The Constitution, and tho
oath provided in it, devolve upon the
President the power and the duty to
see that the laws are faithfully exc
cuted. The Constitution, in order
to carry out this power, gives him the
choice OF the agents, and makes them
subject to his control and supervi-
sion; but in the execution of these
laws, the constitutional obligation
upon the President remains; but the
power TO exercise that constitutional
duty is effectunlly 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 tho President to assert his own
constitutional power may, under 1,re-
tence of law, be. met by official in
subordination. It is to be feared
that these military officers, looking
to the authority given by these laws
rather than to the letter of the Con-
stitution, will recognize no authority
but the commander of the district
and the general of the army. If
there was no other objection than
this to this proposed legislation, it
would be sufficient. Whilst I hold
the chief executive authority of the
United States; whilst the obligation
rests upon me to see that all the laws
are faithfully executed, 1 can never
wlllfully surrender that trust to the
powers given for its execution. can
nSlsr give my assent to be made re-
sHmlible for the faithful execution of
the laws, and at the same time sur
render that trust and the powers
which accompany it to any other exc
cutive officer, high or low, or to any
number of executive officers. II
this executive trust, vested by the
Constitution in the President, is to
be taken from him and vested in n
subordinate officer. the responsibility
will be with Congress, in clothing the
subordinate with unconstitutional
power, and with the officer who as
snmes its exercise. This interference
with the constitutional authority of
the executive department is an evil
that will inevitably sap the founda
tions of our Federal system, but it is
not the worst evil of shis legislation.
1t is great public wrong to take
from the President powers conferred
upon him alone by the Constitution.
but the wrong is more fragrant and
more dangerous when the powers SO
taken from the President are con-
ferred upon subordinate executive
officers, and especially upon military
officers. Over nearly one-third of
the States of the Union military
power, regulated by no fixed law,
rules supreme. Each one of these
i've district commanders, thou I'll not
chosen by the people or responsible
to them, have this hour more execu-
tive power military md civil +boo