The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1867-08-03
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CPRoAkASCA w t~fF-~~~~ r
in one of these States, and as such TO ad-
minister the proper laws of the State.
Where is the authority to be found IN
the constitution for vesting in amlllta-
ry or ar. executive officer strict judicial
functions to be exercised under Estate
law? It has been again and again de-
cided by the Supreme Court of the u
rlited States that the acts of Congress
which have attempted to vest executive
powers in. the judicial courts, or judges
of the United States, are not warranted
by the constitution. 90"
If Congress cannot clothe a judge 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 that Congress
cannot require aState officer, executive
or judicial, to perform any duty enioin-
ed upon him by law of the United
States. How, then, can, Congress con-
fer power upon an exc cutive officer of
the United States to perform such du-
ties in State? If Congress could not
vest in Judge of one of thes States any
judicial authority under the United
States, by direct enactment, how can it
accomplish the same thing indirectly,
byremoving heStatejudge and putting
an officer of the United States in his
place? ~>
To me these considerations are conclu-
sive of the unconstitutionality of this
part of the bill now before me, and
earnestly commend their consideration
to the deliberate judgment of Con-
gress. 4l..a-- -t4.......,3fi
Within period less than a year the
legislation of fCongress has attempted to
strip the executive department of the
government of some of its essential
powers. The constitution and the oath
provided in. it devolve upon the Presi-
dent the power and the duty to see that
the laws are faithfully executed. The
constitution, in order to carry out this
power, gives him the choice of agents,
and makes them subject to his control
and supervision. But in the eexecution
of these laws the costitutional obliga-
ton upon the President remains, but
| the power to exercise that constitutional
al duty is effectually taken away.
| The military commanders is, as to the
power Of appointment, made to take
the place ofthe President, and the gen.
eral of the army the place of the Sen
ate, and any attempt on the part of'the
President to assert his own constitution
al power may, under pretense of law,
be met by official insubordfnation. 1t
is to be feared that these military Off
GERS, looking to the authority given
by the laws, rather than to the letter of
the constitution, will recognize no au-
thority but the commander of the dis
trict and the general Of the army.
| If there were no other objection than
this to this proposed Legislation, it
would be sufficient. Whilst Ihold the
chief executive authority of the United
States, whilst the obligation rests upon
me to see that all the laws are faithfully
executed, I can never willingly surren-
t der that trust, or the powers given for
~ itc av aoutiop ,.!. i.... +.-..
lean never give my assent to bemade
responsible for the faithful execution
} of laws and at the same time surrender
that trust and the powers which accom-
| pany it to any other executive officer,
! high or low or to any number ofexecu-
3 tive officers. 0 -.i5oa ti,it~.
If this executive trust, vested by the
Constitution in the President, is to be
: taken from him and vested in subor-
3 dinate officer, the responsibility will be
S with Congress in clothing the subordi-
nate with unconstitutional power, and
I with the officer who assumesfits exer-
S else. This interference with the consti-
! tutional authority Of the executive de-
: partment is an evil that will inevita-
bly, sap the foundations of our federal
< system; but it is not the worst evil OF
: this legislation 1t is great wrong to
3 take from the President powers confer
red upon him alone by the constitution,
= but the wrong is more fragrant and
i more dangerous when the powers so ia
: ken from the President are conferred
r upon subordinate executive officers,
n and especially upon military officers.
T Over nearly one-third of the States o1
= the Union military power, regulated by
i no fixed law, rules supreme.
Each one of these five district COM
4 manders, though not chosen by the
. people or responsible to them, exercise
81, at this hour more executive power
d military and civil, than the people have
: ever been willing to confer upon the
Is head of the executive department
n though chosen by and responsible to
IS themselves. The remedy must come
u from the people themselves. They
d know whatit is and how it. is applied
e At the present time they cannot, ac
/ cording to the constitution, repeal these
IS laws; they cannot remove or contro
;? this military despotisnl." The remedy
IL l,,o,,or+hnIosS. iS it, thpir hands it is tt