The Portland daily press., 1867-07-22
OHt pIOItCC UNdII III
ardent supporters:

AAAohe piOlCCG tudu tLC SpetCuGS Vi itS iAoSe
ardent supporters: S. --l-z7.a.'..a-'s
Within period of less than year the legis-
lation OF Congress has attempted to strip the
executive department. of the government: OF
some of its essential powers. The Constitu-
ton and the oath provided in it devolve upon the
President the power and duty to see that the
laws are faithfully executed. The AConsttu-
ton, in order to carry out TINS power gives
him the choice of agents, ana makes them sub
ject to his control and supervision; but in the
execution of these laws, the constitutional OBJ
ligation upon the President remains, but the
power to execute them constitutionally is effec-
tually taken away. The military commander
is as to the power OF appointment made to ia ze
the place Of the President and the general of
the army the place of the Senate, and ana a.
tempt on the part Of the President to assert his
CONSTITUTIONAL poaoer may under rretence OF Ian
6e met oy OFFICIAL insubordination 1t is to be
feared that these military officers, looking to
tne ausnorlty given by these laws rather than
70 the letter OF the Constitution, will recognize
no authority but that Of the commander Of the
district and the general of the army,
Al there were no other objections than this
10 TINS proposed legislation it would be suffic-
lent. Whilst hold the chief executive auth-
tto rests on me to see that all the lacs are faith-
f1lty executed, Team neUer willingly surrender
that trust or the po,oers given for its execution.
can never give my assent to be made respon-
sible for the faithful execution of the laws, and
at the same time surrender that trust and the
powers which accompany it to any other exec
utive officers. If this executive trust vested
by the Constitution in the President, is to be
taken from him and vested i'm subordinate
officer, the responsibility aoiH be aoaM Congress
Sl clothing the subordinate aoih unconstitutiog,-
al poioer, and aoith the officer aoho as
sunaes its e1ercise. This interference with
the constitutional power of the executive de-
partment is an evil that will inevitably sap
the foundation of our federal system, but it is
not the worst evil of this legislation. 1t is a
great public wrong to take from the President
powers conferred on him alone by the Consti-
tuition, but the wrong is more hagrant and
more dangerous when the powers SO taken
from the President are conferred upon subor-
dinate executive officers and especially upon
military officers over nearly one third of
the States Of the Union. The military pow
er is regulated by no fixed law: it rules
supreme in each Of the five districts. The
commander, though not tchosen by the people
or responsible to them for the exercise Of this
power, has more executive power military and
civil, than the people have ever been willing
to confer upon the head of the executive de-
partment though chosen by and responsible to
themselves. The remedy must come from the
people themselves; they know what it is and
how it must be applied AT the present time
they cannot, according to the forms of the Con-
st1tutlon, repeal these laws They cannot re-
move or control this military despotism. The
remedy is nevertheless in their hands, It is to
be found in the ballot, and is a sure one, if not
controlled by fraud and awed by arbitrary
power, or from apathy on their part too long
delayed. With abiding confidence in their pat
riotism, wisdom and integrity, am still hope
full of the future, and that in the end the rod
OF despotism will be broken, the armed heel of
power lifted from the necks OF the people and
the principles of violated Constitution pre-
served. = iAHH a1'nB ia 5i}1If4 "a ssIFtN b