The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1867-07-20

but TO eesSer unlimited military authority ovss
(alt1AeosAse ooafn Of The Staso aad evsr all
ol6cses Of ths 6tats. Executive, legislative
and judicial weee content with the general
grant sf Ceaeps0 in the ssoond section.
ond Bec4iou ~ this bill, specifically gives to
pend or relieve from Office, any officer Of asy
civil Or militasy Office in said districts, under
any power, : power that hitherto al the de-
partments Of the Federal Government acting
in concert or separately have not dared to
exercise, is here attempted 10 be conferred
on q military officer. Whist next? The dis
trict commander who has thus displaced the
civil Offices, is authorized TO fill the vacancy
by detail of an officer or soldier of the
army, BY the appointment of some other
person. An officer or soldier of the army
may be made Governor, Legislator, or :
Judge, however unfit he may deem himself
for such Official duties. Thus, an officer Of
the army Of the United States detailed TO I'LL .
civil Office in one of these States, gives NO
official bonds and takes no official oath for
the performance Of his duties, but - . civil
officer Of the State, be only takes the same
oath which hs had already taken % military
officer Of the United States.
The result Is that the federal government
by the agency Of its own officers, in effect
assumes the civil government Of the State.
A singular contradiction y apparent here.
Congress declares these loyal State govern
ments TO be illegal governments, and then
provides that these illegal governments shall
be carried on by federal officers. 1t certainly
would be q novel spectacle if Congress should
attempt TO carry on legal State government
by the agency Of its own officers. 1t is yet
more strange that Congress attempts to sus-
tain and carry on illegal State governments
by some federal agency
In this connection must call attention to
the 10th and l1th sections of the bill, which
provides that none Of the officers or appoint
ees of these military commanders shall be
bound in his action by an opinion of . civil
officer of the United States, and that al the
provisions of the act shall be construed lib
orally to the end that all intents thereof may
be fully and perfectly carried out. A soldier
or An officer detailed for q civil service, per,
haps the most important in State, with the
duties of which he is altogether unfamiliar,
can only ask the opinion Of another military
officer, who perhaps understands as little
of his duties as he does himself,
Military appointees would not be bound
even by ajudicial opinion. They might very
well say, even when their action is in conflict
with the Supreme Court of the United
States, this bill, and the acts to which it is q
supplement, are all founded upon the assump.
ton that these ten communities are not
States, and their governments are not loyal.
they are called rebel States, and in this par,
ticular they are denominated so-called States.
1t is now too late to say that these ten com.
munities are not States. The declarations to
the contrary, made in these three acts, aye
contradicted again and again, by repeated
acts of legislation by Congress, from the year
1851 to the year 1867.
The President proceeds to cite proof of
these points, by acts of Congress and the Su-
preme Court; also asserting that executive
recogn tion has been frequent and unwaver-
ing.
Another ground on which these reconstruc.
ton acts are attempted to be sustained is that
ten States are conquered territory, their citi-
zens a conquered people, and IN this new
relation Congress can govern them by militia.
ry power. Such lands as did belong to the
pretended government called the Confeder.
ate States, We may claim to hold by con.
quest as to all other lands and territory,
whether belonging to the States or individu.
als. The federal government has now no
rebellion. Our own forts, arsenals, navy
yards, custom houses and other federal prop.
erty situated in these States we now hold not
by the title of conqueror, but by an old title
acquired by purchase or condemnation 70,
public use. We have not conquered these
places, but simply repressed them.
| most respectfully call the attention ol
Congress to the consideration Of one more
question. 1t vests in the military command
or, subject only to approval of the General
Of the army of the q. s., an unlimited power
to remove from Office any civil or military
officer in each Office in these ten States, and
further power to discharge or appoint any
military officer or soldier of the United State:
to perform the duties of the officer SO re
moved and fill all vacancies. Is he a civil of
fcer Of the State or civil officer Of the Uni
ted States? Where is the Federal power ovel
our Constitution which authorizes his ap
pointment by any Federal officer? However
he is to be considered civil officer of the
United States, as his appointment and oatt
would seem to indicate. Where is the au
thority for his appointment under the Consti
tuition? The power of appointment of al
officers of the United States, civil or military
where not provided for in the Constitution, il
vested in the President, BY and with the ad
vice and consent of the Senate. With thi
exception, that Congress, by law, vest th'
appointment of such inferior officers as the.
think proper in the President alone, in th'
courts of law, or in the heads of depart
| ments. But this bill, If these are to be con
sidered inferior officers within the meaning
of the Constitution, does not provide for thei
appointment by the President alone, or b,
courts of law, or by heads of departments
but vests the appointments in subordinat
| officer. So you can put this question and Fl,
the character of this military appointee eithe
] way, this provision Of the bill is equally op
4 posed to the Constitution.
Within period Of less than year, tn
| legislation Of Congress has ATTEMPTED to sto
the Executive Department of the Govern
ment of some Of its essential powers. Th
Constitution, and the oath provided in il
devolves on the President the power an
ecuted The Constitution, in.order to carr
out this power, gives him choice OF th
agents and makes them subject TO his contrc
and supervision; but in the execution ofthes
laws, the Constitutional obligation upon th
President remains, but the power to exc
else that Constitutional duty is efectuall
taken away. The military commander is {
to the power of appointment made to tax
the place of the President, and the Genert
of the army the place Of the Senate, an
whilst hold the chief executive office OF tt
United States. whilst the obligation rests Q
me to see that all the laws are faithfully e,
ecuted, cannot ever willingly surrend'
that trust or the powers meant for Its exec
: cution. If the executive trust vested by tt
Constitution in the President is to be take
from him, and vested in subordinate office
: the responsibility will be with Congress
clothing the subordinate with unconstit'
tional power, and with the officer who a
sumes its exercise. The interference wi
the Constitutional authority of the Executiy
department.. is an evil that will inevitab
sap the foundation of our federal syster
The wrong is more fragrant aud more DANCE
Gus, when the powers so taken from Il
President, are conferred on small and subo
! dinate executive officers, especially on mi
tary officers.
E The remedy must come from the peop
themselves; they know where it is and he
/ it is to be applied at the present time. Th'
] cannot, according TO the forms OF the Cons
tuition, repeal these laws; they cannot !
move or control this military despotism. ~
1 remedy is nevertheless in their hands; 1t is