The New York herald., 1867-07-19
u The President 6ound TO Execute the Last
Rtconshuclon Law Of Congress!
Mr. Johnson's Official Organ
Thinks Not.
Congress and Its Laws Are to Be
DeLied.


sratey announce our conscientious be,ssf that naona
cribs Is at hand.
With the humility Of painful convs'iioo we offer -
<ay no rash observations: bat In melancholy sncc Asy
o im,cre every citizen Danish for the hour All pre-
ud,ce and prepossesson and consider with US the Arm
scendant Issue which appears NJ last 70 nave a' IN ~
no country from she Iong aud dsirsctng strie ~ par
sIssnshir and which, aro constrained to bssieve.
threatens consequences OF ninite calamity 10 a classes
Nf the American people
Abll has oesn framed in the national gAlsscre IN
which are coslned features kndredlto those Of
xbe expedicrcy and nncon tonality Of which our
ropv cons ssre well known. But great awe deem an
ecea.ion which tho invaosnhy OF pro eis'ens OF the
organ law s ~ a1cs,i ~ tic present ene more
tnfrnct ons r be consit hon. however IA form or
evil IN tSzdency, must be assisned fadc 10 which
courts me ipauences arising from business ana
c,aI reia,ions. and -e-sn tho fluctuations Of party
aeencsacy, may modt carree' or sverraie sooner or
actuslaisch'ef or in hvfohsicsl tendency The frame
f the political BODY uy si saosss IN Ns vital organs
frtso fvation ~ remedial agencies Bni when
kam m-whsever snd by whatever ins rnmentaltes
She pillars Of the state are tot'erin, interests
Sthcrwiss of tho btraest mpcr ance sax 20 insgn.f
'sance
vito 70 low citizens The tripod of government
vhe fundamental division into executSe leg slaive and
Sudiai departments; the sole equilibrium OF order, the
1simorda al principle Of this great repub cs menaced,
and suffered 10 fa society swiftly 20 70
Let consider The bill which Is before the Pres-
IL supplementary ,wo other Of Congress now
In force under which, according TO tie responsible opn
ion of i1rist there does subssi fOr oil the purposes
state except keeping the peace and conducting certain
eect!ons valid local government undcr and bv viitue
sf the constitution and he popur will OF each State.
tn. present supplementary bn provides in the Grst sec
ton NAT sad governments IL continued. were
son n"ea sloj,c. ~ a' le'peo's 70 ne ih,n
Ant 10 the paramount authority OF Congress- y
H,aics, formerly enjoying their constitutional rotations
"a ihc nion. and the commanders being officers of
national army detailed 10 them respectively n
formiy TO the previous statute OF which the words
quoted declared 10 be the valid Interpretation By
she second section 4 is provided that tho several district
commanders, not by authority OF the CoJnnander-in-
Chs-l Of the General OF the Army, but subject
the disspprova of ha latter and inierentlay sna
Ject 10 the dappr1val o The ormer hut ny tho exciu
sye authority OF Congress and by force Of this act shall
bavo and exercise the appointing power whenever, "in
the OPINION of such cnmmander the proper admins
ton of said act shaii require it,
Under ,nc declared statutes above ana under
provision, no ohcal IN the State acts by authority OF
the its peope Tho 'ccnsent the govsrnoin
- solcmuy and formally Shroga,ed law and as
principle in one-third OF toe republic.
There Is therefore, vestisc to DO left or any kind
Of local authority. Local &C ioD by whomsoever
formed, or under whatsoever color of asthorlrv
IS completely deslts OF sanction AMI mus,
derive tho whole OF ITS va'iiity from The virtue
government whether IL is constitu,ionai thns to
cancel in toto the entire corporate being of state
and ia toto the acknowledged inalenabIs rights OF
twelve millions OF pcrsors an equal footing
with all the members OF the Un,on is question alto
seher foreign comparatively Dconsiderable a, this
grave moment But tho observation which bents this
place is that according 10 these PROVISIONS and
others in the bnl all iesative executive and judicial
poser operative In those States The general
of safive, ve and judicial p,wcr Of the
United siaes All public sgeufs then must necessari.
Iy be public agents of the Unitei states. There are
officials Of the State OF any species in any degree
THIS, however Is not eft to inieroncs The ninth
ssn expressly requires the whole of them without sx-
eepNon, not already adopted federal Officers 10 be-
such. by each taking the oath OF ONCE prescribed
by oct of tongress Ia 1862 In number the great
toty OF these officers OF the United become
sach BY adoption bu, the remainder 20 be appointed
hnta Of ITntfnl NJ.
for commissioning them bnt Official compseucy does
NOT depend wholly upon commission, but mainly upon
de Iaefo performance, under due appointment.
The provisions quoted ant many Others In the blu,
contemplate TO be vested in the respective
psnders, with corresponding moral but with
stuions responsibility for the sdmnisr OF those
statutes in the manner OF al Executive magistrate BY
the third section the General Of the army vested
she IKE power and responsibility rs to removing and
appointing officers u IL observable that Dowithsisnd
inc the peculiar nDd powerful civil functions devolvsd
upon these officers, thought nt 10 bind them
b, peculiar o'h, none being required but what
tacy have taken, In common with the cadets West !
Poni, a. Qualification Tor an exclusively military |
once Tho several provisions overriding the Attorney
6cuer,fs consruciion Of the former nets distinctly i'm
the independent power OF rernov, and appont.
men, to each commander, and to the General of the
army, whenever they may deem u exretient 10 exer
else The discretion, IN the care Of every officer acting
their respective districts without exception, but
inferenay Of postmasers revenue officers and judges
district attorneys mashas &c, OF the belonging
20 Ihe regular Judiciary Of the United States
We are persuaded tia, no exsegers'Ion will be i'm.
putcd 10 the following deductions irom the foregoing
without CONSIDERING wbcther not by abuse Of
shc constitution Congress has thought AZ an
accession 10 tho ,r sdiction of The nted
sts,.s government Of limited powers, and CONSIST.
eoty With the accession has made provision
for c.rrespond,ng complement Of orcers
the entire ofreial b'f OF 10 United s'scs hihero
% nsa 1'1 ST s',S S'Ss,asa s Ieaa 'na Os
former Laws OF the states respectively and the
nncrs, Tb,eh ,o,v co nnssr IN. general ,.s 81
construction lava tie marked fsl,rres of this system
are tnrre That the gcvsrnmsniis essentially militia
nei In fxs
mrtcp, executive, legislative and ind csi-psimary
federal o. so by adoption under aud by virtue OF the
rre'dept OF the United states IA virtually eyous-
rsted by Lhese laws from .gency or respOnsI. |
the highest consequences a. an earlier day has nov \
fallen somewhs, behind tho present nqary. excep, |
ourted of his mag sracy. grest decree the-e
common with The other states OF the Cnion
IN far ~ their constitutional relations correspondci
With the lser ny the passage ~ the OF I'd Narch
Bus the pleasure Of Congress in excluding all their rep
rcsenaives Taft their condition such rerdef a ex.
Isien, In his Jadgmen rather 10 waive the question
th-n proong the disturbance rLis iorheATance no
To exercise. because he was not bound TO decide |
rpon the consui onaiity Of the arts They
whica could be executed aud u ha; 0ns Executive
sSistei 70 perform that duty. But acts OF Congress
watch parpodo eyoosreie from or forbid The Pres don't
- execute them eanno, DO laws FOR nohns ssls~ o
NE rGicd Stairs which ihs Pre- dsn, Is DO, bound 10
execute. TIE rartl,ng qusIos, fAsa is w,e,h,r ~ |
Frs.sa Of ne ra,ef Sofs ha q, ,lgh 10 t,s i,rs
any acfudI tnsktrcs ne sr,Td pI,rl'io"s y fshN
fse' coHt,vpisf, TIER srrV',0,, othcsf hs ssto'rg'
the expsdsncy Of duality or Of any other division
o! the executive Power OF the federal government
sxbausvey discussed VA tho convention OF tiss which
Immortal body ~ length ordained that Foe executive
power e the ni,ed States should be vested Prss
deaf, 10 hold his Office FOR four yee-. " Whenever.
then. the United states has or exercises 4
po~er. snd abai any part Of % n erecurve,
there % no consiituiicnsi possibility of rtscst-
INA tha, power eth~rsss than through the President
There 10 nosters ths constitution sav power gwen
Congress 10 etonra,e given hiu, abfcste either
10 particular isv Or a. 70 the a~s arprcabls TO
particular territory There constitutional prpvl.ou
for bis removal u hs fsit of arm Gdeiitv The orly
safety ~ public Il cry q bis rcspsnsblfi,x and q
pswsr him 10 forego his constitutional duty is ont,
y mother FOR .he rninous privilege of thrsiu. !
constitutional accountability. Nur could he by
corrupt and trsssonsbie COLLISION wfh th. l.yi.
Ialvrs, cxoueraus hiniscf from his seofn dntv |
unasr pretsncs TIA, Cougr-ss bad rxsrrl.ad !
power of ersolng special local executive or psr
tcnisr law or class OF laws II he could not prospr,
- an exonsrafl,n hos he surls A., I