Year: 1866

to fill up all vacancies, and it is made his


duty, from time to time, to give to the Con-


gress information of the state Of the Union,


and recommend to their consideration such


measures as he shall judge necessary and ex-


pedient.


1t is worthy Of observation that while gen.


eral terms are employed in the grant of all


legislative power 10 Congress, and to clothe


The PRESIDENT with all the executive


power of the Government, in each instance,


where a special power is given or duty re.


quired of either Of these Departments, apt


words are used. As general proposition
it may be laid down that it is the duty OF
Congress to make laws, and of The PREsI-


DENT to execute them. Therefore, at the
commencement of the rebellion, when it be-
came apparent that civil authority could not
be executed in the usual way it was the
duty of The PRESIDENT to take cognizance Of
the fact, and to employ such military force
as he possessed to execute the laws. 1t was
his duty to do this at once and without
waiting to be prompted thereto. If the
means at his command proved to be made
quate, it was his duty to give Congress in.
formation Of the state Of the Union, and to
recommend to their consideration such an
increase Of means as was necessary to ac-
complish this purpose, and to use them for


that purpose as Commander-in-C Chief of the


army and navy, until all armed opposition


to the Constitution and laws of the United


States was completely suppressed. He was


the Judge of when that was accomplished,


and he was responsible to Congress by i'm


peachment, to the Judiciary by indictment,


and to the great body of the American peo-


pie at the ballotbox, for the faithful dis


charge of that duty


The Congress of the United States, as we


have already seen, has no power to interfere


with the execution Of the laws its supervis-


ion in this behalf is alone in the power to


impeach the Executive if he fails to discharge


his duty properly; and therefore when, in


the opinion Of the Executive, the civil au-


thority was adequate to the execution Of the


laws in the usual way, it was the duty Of The
PRESIDENT, without any direction from Con.
gress, to recall the army and the navy; and
thereupon it became the duty of the judicial
| department to proceed to the indictment
and trial of all individual offenders in the
: manner provided for in the Constitution and
d laws of the United States, and in every in
l. stance any individual citizen indicted fol
s. participating in the late rebellion is author
d lied to plead his pardon in his defence, if ont
r has been granted him by the pardoning
s. find that on the 10Th of May, 1865, Til
st President, by his proclamation Of that date
re did pardon the great mass of those citizen
a engaged in the rebellion, and promised
Il general amnesty to that effect on certain
e conditions and specially provided for grant
If ing pardons to certain classes of individual
l. upon their making personal application
D. therefor.


.e Subsequently, on the I'd Of April, 1866, b.
C. proclamation Of that date, The PREsIDEN
IL declared that all armed opposition had ceased
h and that civil authority was restored through
Ill out all the States lately in rebellion, excel
Is the State of Texas. The fact that by an &C
If of Congress, passed after the rebellion b'


gan, the people of certain States were d.
le clared to be in rebellion against the Const
IL tuition and laws Of the United States, ca
ID have no effect upon this question. If the
IL were not in rebellion, it could not make ther
lg SO; if they were in rebellion, the omission {
h. Congress to make such declaration woul
nc not relieve The PRESIDENT from his constitr
~ tional obligation to take care that the law
le be faithfully executed. The power to decid
I'd all judicial questions is vested, as we hay
IN already seen, in one Supreme Court Its d.
be csion is final and conclusive, and from


there is no appeal.


ii. All legislative power being vested in Cor
,s ,s gress, the discretion Of that body within tn
I'D limits of powers granted cannot be called i
ed question by any other department of til
O. Government. In like manner, the executio
u of the laws is intrusted solely to The PRES
es DENT, and no other department of the GOV
~ ernment can supervise his action in that bC
be half. lie must determine when militar
d. force is necessary to aid the civil authority
a. its extent, and he alone must determin
nd when it is no longer necessary. The powe
q, or to decide this finally must be intrusted
= some one department of Government an
ss under our Constitution this is exclusivel
ed given to the Executive Department, as tn