The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1867-08-31
The Presidents Last Veto.

The Presidents Last Veto.
WASHINGTON. july I9.-In the veto SEM 70 the
House to-day. the President refers u his message
returning the Act Of March 2i- His objections
u The passage OF that bin apply equally u this.
He reiierates his convictions that they are sound
and unlnswerable The first section intimate-
that q construction was put upon the prior Acts
inconsistent with their Jr2e meaning.
The State governments we've made IN all re@-
poets subject 10 the paramount authority II the
United States. Now. by the declaratJry act II
appears that Congress did not b- the 0rigina!
act intend u limit the military authority To any
subject therein described. bur meant To- make it
universal over all the ten States. The military
government i now declared u have unlimited
authority. IL i no longer confined q the pre-
serVaton If the public peace and the admin!str3-
ton Of the criminal laws. bat IN ali respects AZ /
asserted u Be paramount. The existence Of civil
governments J. impossible lie cannot conceive
any state Of society more intolerable. Vet - this
condition $4,000 900 American citizens are re-
duced by Congress. Over every foot of the terri
tory occupied by these American citizens. the
Constitution Of the United States. theoretically,
i IN full operation. but the PEOPLE are denied
IT, sacred guarantees. Tie hill grants military
power over tie civil officers Of all the States-a
power tLat the Departments of the Feie7el G1v-
eminent never d1rcd - exercise. The district
commanders are authorized 10 I'll vacancies BY
detailing officers or soldiers u the duties. Thus
Il.t ullc.F OF -Ill4tr tFdil>lcTTtl u Tire CIVIL Once
OF governor. legislator or judge. however unfit,
must render a. complete obedience - If detailed
for court martial or picket duty. and must act in
accordance with the laws of the SJa-te. For the
time being the military character i suspended.
II appointed State Treasurer. lac must assume
the control Of the funds Of the State and perform
the duties in accordance with the laws of the
State. He i required By the State u give bonds
and take the oath Of otice. Vet the bill makes no
Specification a. To- a bond or for any qualification
required under the State law, such a. residence
and citizenship. The authority under which he
acts is Federal authority. and the inevitable
result i that the Federal Government. 5y the
agency Of Its own officers in effect. assumes the
evil Government Of the State. in contradiction
70 the apparent declaration of Congress. which
defines the~s local Governments a. Illegal. and
provides that these Illegal Governments shall be
carried Oh by the Federal officers. Referring 70
the tenth and eleventh sections. when provide
that officers and apppintees shall not be bound in
their action by the opinions of the civil officers
Of the United States, he says the duties Of the
Office are entirely civil. yet be can only ask the
opinion Of another military officer who perhaps
understands as little of the duties a. lac does
himself. and for his action Is answerable to the
military authority alone. not - be bound by Il
Judicial opinion, even he might say, if his action
l. in conflict with the opinion of the supreme
Court. lie charges that Congress l. inconsistent
in declaring these State Governments illegal
during the period that the States We're in rebel
lion and since their reorganization as within the
Union. They have been divided into Judicial
districts, have been called ON through their Leg
i-ature 10 act ON the amendment To the COnstitu-
ton of the United States a. States.
The Executive recognition ofthe States has been
frequent The same may be said OF their judicial
r.cOgnition by the Supreme Court. In the admin
i-tratiOn of his duties hc had never failed 70 rec
Dgnize these communities a. legal States. The
cases in Court when the rebellion began were cJn-
timed until it was su6ducd and they were then
considered "a If NJ such instruction had inter
scncd. New case- have been considered 10y that
in the exercise Of it, jurisdiction, which
could not attach to them if they came from any
Finally, in the allotment of circuits made at the
term. 1853, every one of these States
was put upon the same footing of legality with
lie other States. The position taken by Congress
these ten States are conquered territory l. not
Such property a. belonged directly to the
Government called the Confederate
states the Government may claim To hold 10y CON-
luc~J and none other. Our own forts, arscnals.
iavy yards and custom houses we do not hold by
,1nqucSt. We simply repoS-eescd them. The
PRESIDENT argues the Uncpu-titutiouality Of the
III in InyeStin. the military commanders with
unlimited power T. remove from Office any civil
iicrr in the States named. and the further power
.fappointing officers or soldiers u fill the vacancy.
,he power of appointing al Office. civil and
military. where not otherwise provided for by the
constitution. j. ve-ted in the President, by and
the advice and consent of the Senate. except
n such minor Offices a. may be appointed by the
resident alone. IL has been decided 10y the Su-
rene Court that the act Of Congress which at
10 vest the Executive power IN Judicial
'Ourts i not warranted by the Constitution. II
'Ongrcs- cannot clothe a Judge with merely cx-
cutiye duties. how can IL cl1tEc au officer or sol
Ter with Judicial duties over citizens ofthe United
iates who are not in the military or naval ser
These military officers are boxing = the
uthOritv given 10y these laws rather than to the
.Jier Of the Constitution. and will r7eJgnlze no
uthority but that Of the commander Of the Dis
-ict and General Of the army. If there We're no
Their objections than this u the proposed lcEi-ia-
il would be sufficient. He concludes that he
an never give his assent 10 be made responsible
y the faithful execution OF laws and NJ the same
me surrender the trust and powers which accom-
any il u any other executive officer high or low,
nd if the executive trust vested 10y the Cun-ritu-
on in the President be- taken from him aHi vested
a subordinate otb.cr. the responsibility viii he
it'll Congress in clothing -uhorlinatos with I'M
institutional power and the officer who assumes
cIerci-c.