The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-07-22

familiar, showing that the State gov
ernments, now declared Illegal by Con-
gress, have been repeatedly recognized
as legal by the various branches of the
Federal Government. s.. -
Upon the conquered province theory
the argument Is quite pointed. 1t ap-
plies only to territory or to goods or
movable things regularly captured in
war, called booty; or if taken by indi-
vidual soldiers, plunder. There is not
foot of the land in any one of these ten
States of the United States which
the United States holds by conquest,
and only such land as did not be-
long to either of these States or any IN
dividual owner mean such lands as did
belong to the pretended government
called the Confederate States.s These
lands we may claim to hold by con-
quest. As to all other lands or terrific
ry, whether belonging to the States or
individuals, the Federal govern
ment has now no more title
or right to it than it had before the re-
bellion.
In conclusion, says the President:
Imost respectfully call the attention
of Congress to the consideration of one
more question arising under this bill.
1t vests in the military commanders,
subject only to the approval of the
General of the Army of the United
States, an unlimited power to remove
from Office any civil or military officer
in each of these States, and further
power, subject to the same approval, to
detail or appoint any military officer or
soldier of the United States to perform
the duties of the officers so removed,
and filling all vacancies occurring in
those States by death, resignation or
otherwise. The military appointee thus
required to perform the duties of civil
Office according to the laws of the State,
and as such required to take an oath, is
for the time being q civil officer. What
is his character is he o civil officer of
the State. or civil officer of the United
Statesf Where is the Federal power
under our Constitution which author
ICES an appointment by any Federal
oficeri II, however, he is to be con-
sidered q civil officer of the United
States, as his appointment and oath
would seem to indicate, where is the au-
thority for his appointment by the Con-
The appointment of ali
officers of the United States, civil or
military, where not provided for in the
Constitution, is vested in the President,
by and with the advice and consent of
the Senate, with this exception, that
Congress by law vest the appointmentof of
such inferior officers as they think prop
per in the President alone, in the courts
of law, or in the heads of departments.
But this bill, if these aie to be- consider
ed inferior officers within the meaning
of the Constitution, does not provide
for their appointment by the President
alone, or by the courts of law, or by
heads of departments, but vests appoint
ments in a subordinate officer, so If We
put this question and fix the character
of this military appointed either way,
this provision of the bill is equally OPP
posed to the Constitution. Take the
case of soldier appointed to perform
the office of Judge in one of these
States, and as such to administer the
proper laws of the State. Where is the
authority in the Constitution for vesting
in military or an executive officer
strict judicial functions to be exercised
under the State laws.
1t has been again decided by the Sd
preme Court of the United States that
acts Of Congress which have attnH,Pto1
A
courts OF Judges of the United States
are not warranted by the Constitution.
If Congress cannot clothe JHdge with
merely executive duties, how can they
clothe an officer or soldier of the army
with judicial duties over citizens of the
United States who are not in the mill
tary or naval service? So too it has
been repeatedly decided Congress can
not require o State officer, executive or
judicial, to perform any duty enjoined
on him by law of the United
States. How can Congress then confer
power upon an executive officer of the
United States to perform such dHties in
q STATED If Congress could not vest in
q Judge of one of these States any Judi
cial authority under the United States
by direct enactment, how can it accom-
plish the same thing indirectly by re-
moving the State Judge and putting an
officer of the United States in his placei
To ME these considerations are conclu-
sive of the unconstitutionality of this
part of the bill before me, and earn
estly commend their consideration to
the deliberate judgment of Congress.
Within o period less than q year, the
Of Congress has attempted to
strip the Executive department of the
government of some essential powers
under the constitution and oath. .fs
Whilst hold the Chief Executive au-
thority of the United States, whilst the
obligation rests on me to see that all
laws are faithfully executed, can never
surrender that trust or the
powers given to its execution; I can
never give my assent to be made respon
sibe for the faithful execution of laws,
and at the same time surrender that
trust and the powers which accompany
it to any other executive officer, high
or low, or any number of executive
officers, .
Over nearly 0ne-third of the States OF
the Union, military power, regulated Oy
no fixed law, rules supreme. Each of
the five districts commanders, though
not chosen by the people or responsible
to them, exercises at this hour moro Ex-
ecutiYe power, military and civil. than
the people have ever been willing to
confer upon the head Of the Executive
Department, though chosen by and re-
sponsible 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 form ofthe Con-
stitution, repeal these laws, They can
not remove or control this military des-
potism. The remedy Is nevertheless in
their hands,, 1t is to be found in the
ballot, and is sure one, If not con-
trolled by fraud aud awed by arbitrary
power, or from apathy on their part too
fond delayed. With abiding confidence
in their patriotism, wisdom and integ-
rity, am still hopeful of the future,
and that in the end the rod of despot
ism will be broken, the armed heel of
power lifted from the necks Of the peO-
pie, and the principles Of violated
constitution preserved.
r fSiPned1 ANDREW, JoHNsON.