The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-07-25

of Congress. Within period less than year
the legislation of Congress has attempted to
strip the Executive Depart ment of Govern
ment of some gifts essential powers. The
Constitution and the oath provided i'll it de-
volved on the President the power and duty
to see that the laws are faithfully executed.
The Constitution, in order to carry out this
power, gives him the choice of the agents and
makes them subject to his control and super
vision, but in the execution of these laws the
constitutional obligation upon the President
remains, but the powerto exercise that consti-
tutional duty is effectually taken away. The
Military Commander is, as to the power of APP
pointment, made to take the place of the Pres
ident and the General Of the army the place OF
the Senate,an any attempt on the part OF the
President to assert his own constitutional
power may under pretence of law, be met by
official insubordipation. 1t is to be feared that
these military officers looking to the authori
ty given by these laws rather than to the let
ter of Constitution, will recognize no authority
but the Commander of the District and the
Genera or the army.
If there were no other objections than this to
the proposed legislationit would be sufficient
Whilst hold he chief executive authority of
the United States whilst the obligation rests
on me to see that all laws are faithfully eXecu-
ted, / can never willingly surrender that trust
or the powers given for its execution. l dan
never give my assent to be made responsible
for the faithful execution of the laws, and at
the same time surrender the trust and powers
which accompany to any other executive Off
GERS. If these executive trusts, vested by the
Constitution in the President are to be taken
from him and vested in a subordinate officer
the responsibility will be with Congress in
clothing the subordinate with unconstitution-
al power and with the officer who assumes its
exercise.
/ This interference with the constitutional au-
thority ofthe Executive Department is an ev-
ia q hlNyc hn loti Of
our Federal system, but it is not the worst ev-
il of the legislation 1t is great public wrong
to take from the President the powers con
ferred on him alone by the Constitution, but
| the wrong is more fragrant, and more danger
Gus when the powers so taken from the Presi-
dent are conferred on subordinate executive
officers, and especially upon military officers.
Over nearly one-third of the States of the
/ Union military power, regulated by no fixed
law rules supreme. Each of the five District
Commanders, though not chosen by the people,
Tor responsible to them, exercises at this hour
more Executive power, military and civil, than
the people have ever been willing to confer
upon the head of the Executive Department
though chosen by and responsible to them
selves. The remedy must come from the PEG
pie themselves. They know what it is and
how it is to be applied. At the present time
they cannot according to the forms of the
Constitutions repel these laws: they cannot
I0moNc Vi couGroi tHls military QespOusm
The remedy is nevertheless in their hands Ii
is to be found in the ballot and is sure one il
not controlled by fraud and awed by arbitrary
Ipower, or from apathy on their part too long
delayed. With abiding confidence in their pa
triotism, wisdom and integrity, I am still
hopeful 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 PEG
pie and the principles of a violated Constitu
ton preserved.
(Signed) ANDREW JOHNSON.
WASHINGTON, July 10, 1867