rpHE BEDFORD REGULATOR,
No. 2 ANDERSON'S ROW
IRVINE & STATLER
Are again in the field battling against the imposi
tion of high prices and would respeotfully inform
their friends and the public generally that they
have just received a large and varied assortment
of goods, consisting of
Boots and Shoes,
Muslins and Tickings,
Notions and Perfumery,
Groceries and Spices,
Q,ueensware and Glassware,
Tobacco and Segars,
White & Colored Shirts,
Cotton & Woolen Yarns,
Trunks & Valises,
Brooms & Twines,
&c., &c.
Call at No. 2 ANDERSON'S ROW.
If you want a goodp'r Boots, go to the Regulator.
QUR STOCK OF BOOTS & SHOES
are full and complete
BOOTS, SHOES, BALMORALS, GAITERS and
SLIPPERS, Ac.,
to fit any man, woman and child in the county.
Measures taken for Ladies*tmd Gentlemen
and neat and complete fits warranted or no sale.
At IRVINE A STATLER'S, No. 2 A.'s Row.
If you want a good p'r Shoes, go to the Regulator.
Q R O C E R I E S.—
Prima Rio Coffee, . - 25 to 30 cents per lb.
do La Guayra, - 25 to 30 ." " "
White Sugar, ... 18 " "
Light Brown Sugars, - 121 to 15 " " "
Teas, - - - - $l5O to 2.00 per lb.
Spices, all kinds, cheap and good.
Best quality Syrups and Molasses, at the lowest
market prices, at li Tho Regulator's,'" No. 2A. R.
If you want good Toilet Soap or Perfumery, go to
the Regulator.
TJNBLEACHED and BLEACHED
MUSLINS,
From the best Manufactories in the country.
Bleached and Unbleached Muslins from 121 c up.
Sheeting, -" - . - - from 18c up.
Tickings, all grades*and prices, at
IRVINE k STATLER'S.
If you want a good Shirt, go to the Regulator.
OUR NOTIONS ARE AT ALL
TIMES FULL AND COMPLETE in
Shirts, Collars,
Neck-Ties, Soaps,
Gloves, Hosiery,
Perfumery,
Suspenders,
Combs, Threads,
Buttons, Wallets,
Brushes, Thimbles,
Pins,
■ • Needles, '
Sewing Silk,
• Linen and Cotton Handkerchiefs,
Shaving Cream,
frc., &c., ' Ac.
At No. 2 Anderson's Row.
If you want* variety of Notions, go to the Reg'r.
jgTATIONERY and PERFUMERY.
Note, Letter and Fools-cap Paper, Envelopes,
Perfumery, all kinds of Toilet Soap, Tooth Brush
es, Ac., At THE REGULATOR'S.
If you want Queensware er Glassware, go to the
Regulator.
QUEENSWABE & GLASSWARE.
We have a large'and magnificent selection of
Queensware and Glassware, of the latest and most
fashionable patterns, and will be sold at the most
reasonable prices, by
IRVINE A STATLER.
If you want good Spices of any kind, go to the
Regulator.
rpOBACCO AND SEGARS of the
best Brands and manufacture
Gravely, .• f # i
Oronoke Twist,
Century Fine-cut,
Cavendish,
Baltimore Twist,
Natural Leaf,
• Congress,
Ac., Ac.
Smoking Tobacco, all kinds.
Segars from a Cheroot to the finest article.
Also, a large assortment of Pipes,
jy Call at No. 2 Anderson's Row. •
If you want good Hosiery, Gloves, Neck-ties col
lars, Ac., go to the Regulator.
HAVE EVERYTHING that
is usually kept in a No. 1 country store.
ty MARKETING of all kinds takon in ex
change FOR GOODS, and the highest prices paid.
Any goods desired will be ordered from the Eas
f "
tern cities
iy Country merchants supplied with goods at
.. i '■
a small advance. No trouble to show goods. All
we ask is a call and we feel satisfied we can please
ALL. Thankful for past favors, we solicit a con
tinuance of the same. .. i
aprS6,'7. 9 IRVINE A BTATLER.
J., ■■ ..!■■■< 1.i.1.
If you want anything in our line, go to the Bed
ford Regulator Ne 2, Andersou'a Row
BY MEYERS & MENGEL
§rtj-6ooasi, &r.
G AVE YOUR GREENBACKS !!
You can SA VE 25 per cent, by purchasing yonr
GOODS at the CHEAP BARGAIN S TORE of
*G. R. & W. OSTER,
BEDFORD, PA.
They are now opening a large and handsome as
sortment of NEW and CHEAP DRY-GOODS,
Ready-Made Clothing, Carpet, Cotton Yarns,
Hats, Roots and Shoes, Sun-Umbrellas, Para
sols, Groceries, Queens-ware? Tobaccos and Ct
' gars, Wall Papers, Wooden-ware, Brooms, if c.
LOOK AT SOME OF THEIR PRICES:
Best styles DELAiNES, 221 and 25 cts.
CALICOES, 9, 10, 12, 14, 15, 16, 18, 20 cts.
GINGHA MS, 12, 15, 20, 25 cts.
MUSLINS, 9. 10, 12, 15, 18, 20, 22, 25 cts.
CASSIMERES. 75. 85, 115, 125,150, 165 cts,
LADIES• 6-4 SACKING, $1.65, 1.75, 2.00 r
all wool.
DRILLING and PANTALOON STUFFS,
20, 25, 30, 35 cts
GENTS' HALF-IIOSE, 10,12, 15,*20, 25, 30,
35 cts.
LADIES' HOSE, 121,18, 20, 25, 30, 35 cts.
LADIES' SHOES as low as 90 cts.
Good Rio COFFEE, 25 ots,; better, 28 cts.;
best, 30 cts.
Extra fine OOLONG, JAPAN, IMPERIAL
a D d YOUNG HYSON TEAS.
SUGARS and SYRUI'S, a choice assort
ment.
MACKEREL and HERRING, late caught,
fat fish.
HP We invite all to call and see for themselves.
A busy store and increasing trade, is a telling
fact that their prices are popular.
Terms CASH, unless otherwise specified.
may24m3.
gPLENDID
OPENING of '
CHEAP
SPRING and
SUMMER
GOODS,
AT
FARQUHAR'S
New Bargain Store,
REED'S BUILDIXS.
CALICOES, (good) - 121 c.
do (best) - - 18c,
MUSLINS, brown, - - 10c.
do (best) - ' - 20c.
do bleached, - 10c.
do (best) - - 25c.
DELAINES, best styles, - 25c.
DRESS GOODS
of all kinds
VERY CHEAP.
" . i
MEN r S and BOYS'
COTTONADES,
GOOD and CHEAP.
A large -stock of
FANCY
ALL WOOL
CASS I ME RES
ASTONISH
INGLY
CHEAP.
I•• I 4
BOOTS
AND
SHOES.
MEN'S
AND
BOYS'
HATS.
GROCERIES:
Best COFFEE, - - 30c
Brown SUGAR - from 10 to 15c
# FISH:
Mackerel and Potomac Herring.
.(. . 1
QUEENSWARE
and a general variety of
NOTIONS.
Buyers are invited to examine
our stock as we are determined to
to sell cheaper than the cheapest.
J. B. FARQUHAR.
• mayl7
IVTEW GOODS!! NEW GOODS!!
The undersigned has just reeeiveSfrom the East a
large and varied stock of New Goods,
which are now open for
examination, at
' . . MILL-TOWN, .
two miles West of Bedford, comprising everything
usually found in a first-class country store,
consisting, in part, of
Dry-Goods,
Delaines,
Calieoes,
Muslins,
Cassimers,
Boots and Shoes,
Groceries,
Notions,
&c., &c.
All of which will be sold at the most reasonable
prices.
jy Thankful for past favors, we solicit a con
tinuance ot the public patrons,ge.
IjP Call and examine our goods,
may24,'67. G. YEAGER
O LIP BILLS, PROGRAMMES
0 POSTERS, and all kinds of PLAIN AND
FANCY JOB PRINTING, done with neatnest
and despatch, atrac Q AZKTTK office
Veto Message of the President.
The Final Protest of the Executive„
InikiiiKt the Despot BilL
AX UNANSWERABLE DOtTXEST!
To the House of Representatives, of the
United States: I return herewith the
bill entitled "An act supplementary to
an act entitled 'An Act to provide for
the more efficient government of the
rebel States,'" passed on the 2d day of
March, 1867, and the act supplementary
thereto, passed on the 23d day of March,
1867, and will state as briefly as possi
ble some of the reasons which prevent
me from giving my approval.
This is ont of a series of measures
passed by Congress during the last four
months on the subject of reconstruction.
The message returning the act of the
2d of March last states at length my
objections to the passage of that meas
ure. They apply equally to the bill
now before me, and I am content merely
to refer to them, and to reiterate my
conviction that they are sound and un
answerable.
There are some point* peculiar to this
bill which I will proceed at once to con
sider.
The first section proposes to declare
"thetrueintent and meaning," in some
particulars, of the two prior acts upon
the subject.
It is declared that the intent of those
acts was: First, that the existing gov
ernments in the ten "rebel States were
not legal State governments," and sec
ond, "that thereafter said governments,
if continued, were to be continued sub
ject in all respects to the military com
manders of the respective districts, and
to the paramount authority of Con
gress."
Congress may, by a declaratory act,
fix upon a prior act a construction al
together at variance with its apparent
meaning, and from the time at least
when such construction is fixed the
original act will be construed to mean
exactly what it is stated to mean by
the declaratory statute. There will be,
then, from the time this bill may be
come a law, no doubt—no question—as
to the relatic ,n which the "existing
governments' ' in those States, called
in the original act "the provisional
governments," .stand towards the mili
tary authorities. As these relations
stood before the dev 'lanatory act, these
"governments," it is tri/e, were made
subject to absolute iiulita.T authority
in many important respects b ut ) lot
in all, the language of the a'Ct being
"subject to the military °*
the United States, as hereinafter V re ~
scribed ." By the sixth section of
original act these governments wt ne
made, "in all respects, subject to th*. °
paramount authority of the United i
States." '
Now, by this declaratory act it ap
pears that Congress did no.t, by the or
iginal act, intend to limit the military
authority to "any particulars or subjects
therein prescribed," but meant to make
it universal. Thus over all these ten
States this military government is now
declared to have unlimited authority.
It is no longer confined to the preser
vation of the public peace, the admin
istration of criminal law, the registra
tion of voters, and thesuperintendence
ofelections, but "in all respects" it is
asserted to be paramount to the exist
ing civil governments.
It is impossible to conceive any state
of society more intolerable than this,
and yet it is to this condition that
twelve millions of American citizens
are reduced by the Congress of the
United States. Over every foot of the
immense territory occupied by these
American citizens, the constitution of
the United States is theoretically in
full operation. It binds all the people
there, and should protect them, yet
they are denied every ofte of its sacred
guaranties. , ..
Of what avail will it be to any one of
these Southern people, when seized by
a file of soldiers, to ask for the cause of
arrest, or for the production of the war
rant? Of What avail to ask for the
privilege of bail when in military cus
tody, which knows no such thing as
bail? Of what avail to demand a trial
by jury, process for witnesses, a copy
of the indictment, the privilege of coun
sel, or that greater privilege, the writ
of habeas corpus?
The veto of the original act of the 3d
of March was based on two distinct
grounds—the nt rference of Congress
in matters strictly appertaining to the
reserved powers of the States and the
establishment of military tribunals for
the trial of citizens in times of peace.
The impartial reader of that message
will understand that all it contains with
resp< ct to military despotism and mar
tial law lias reference especially to the
fearful power conferred on the district
commanders to displace the criminal
courts and assume jurisdiction to try
and to punish by military boards; that,
potentially, the suspension of habeas
corpus was martial law and military
despotism. The act now before me not
only declares that .the intent was to
confer such military authority, but al
so to confer unlimited military authori
ty over all the other courts of theSts\te,
and over all the officers of the State
—legislative, executive and judicial.
Not content with the general grant
of power, Congress, in the second sec
tion of this bill, specially gives to each
military commander the power "to
suspend or remove from office, or from
the performance of official duties and
the exercise of official powers, any offi
cer or person holding or exercising, or
professing to hold and exercise, any
BEDFORD, PA:, FRIDAY MORNINO, AUGUST 3, 1867,
civil or military office or duty in such
district, under any power, election, ap
pointment, or authority derived from
or granted by, or claimed under any
so-called State or the government there
of, or any municipal or other division
thereof*" * .
A power that hitherto all the depart
ments of the federal government, act
ing in concert or separately, have not
dared to exercise, is here attempted to
be conferred on a subordinate military
officer. To him, as a military officer
of the federal government, is given the j
power, "supported by a sufficient mili
tary force," to remove every civil offi
cer of the State. What next? The di
vision commander who has thus de
posed a civil officer is to fill the vacancy
by the detail of an officer or sojdier of
the army, or by the appointment ol
"some other person."
This military appointee, whether an
officer, a soldier, or "some other per
sou," is to perform the duties of such
officer or person so suspended or re
moved. In other words, an officer or
soldier of the army is thus transformed
into a civil officer. He may -be made
a governor, legislator, or a judge. How
ever unfit he may deem himself for
such civil duties, he must obey the or
der. The officer of the army must, if
"detailed," go upon the supreme bench
of the State with the same prompt obe
dience as if he were detailed to go up
on a court-martial. The soldier, if de
tailed to act as a justice of the peace, 1
must obey as quickly as it he were de
tailed for picket duty.
What is the character of such a mili
tary civil officer? This bill declares
that he shall perform the duties of the
civil office to which he. is detailed. It
is clear, however, that he does not lose
his position in the military service.
He is still an officer or soldier of the
army; he is still subject to the rules and
regulations which govern it, and must
yield due deference, respect and obedi
ence towards his superiors. The cleat
intent of this section is, that the officet
or soldier detailed to fill a civil offict
must execute his duties according to
the laws of the State.
If he is appointed a Governor of a
State, he is to execute the duties as pro
vided by the laws of that State and for
the time being his military character
is to be suspended in his new civil ca
pacity. If he is appointed a State
Treasurer he must at once assume the
custody and disbursement of the funds
' of the State, and must perform these
j, duties precisely according to the laws
of the State; for he is entrusted with
no other official duty or other official
[ power. Holding the office of treasurer
> and entrusted with funds, it happens
(that he is required by the State laws to
j enter into bond with security, and to
; ke an oath of office, yet from the be-
G 'j n ning of the bill to the end there is
no in ' ov ' 3 i° n f° r any bond or oath ot
office >r f°r a single qualification re
el u i red u nd,,r State law, such as res
idence citi >jCnshi Pr °r anything else.
Theon'iv oati\ l that
the ninth section '■ j? lhe 01 w J"; h
every one detailed " and ,
subscribe the oath o f Prescribed
by law for officers ot
, . nyofthoUni-
Thus an officer of the an. '. .. c€
ted States, detailed to fill a mi .
e lu o. i. • official
in one of these States, gives
bond and takes no official oath -acivil
performance of his new T duties as
officer of the State—only takes .
same oath which he had already tak
as a military officer of the Unite
States. He is, at least, a military officer
performing civil duties, and the au
thority under which he acts is federal
authority only; and the inevitable rOr
suit is that the federal government, by
the agency of its own sworn officers, in
effect assumes the civil government of
the States.
A singular contradiction is apparent
here. Congress declares these local
State governments to be iflegal gov
ernments, and then provides that these
illegal governments shall be carried on
by federal officers, who are to perform
the very duties imposed on itsown offi
cers by this illegal State authority. It
certainly would be a novel spectacle if
Congress should attempt to carry on a
legal State government by the agency
of its own officers. It' is yet more
strange that Congress attempts to sus
tain and carry on an illegal State gov
ernment by the same federal agency.
In this connection I must call atten
tion to the 10th and 14th sections of the
bill, which provide that none of the
officers or appointees of these military
commanders "shall be bound in his ac
tion by any opinion of.any civil officer
of the United States," and that all the
provisions of the act "shall be construed
literally, to the end that all the intents
theteof may be fully and perfectly car
ried out."
It seems Congress supposed that this
bill might require construction, and
they fix, therefore, the rule to be ap
plied. But whare is the construction
to come from? Certainly no one can
be more in want of instruction than, a
soldier or an officer of the army detailed
for a civil service with the duties of
which, perhaps the most important in
a State, he is altogether unfamiliar. •
This hill says he shall not be bound
in his action by the opinion of any civ-1
il officer of the United States. Thedu- j
ties of the office are altogether civil;
but wfaen he asksdor-an opinion he can
only ask the opinion of anothfe r milita
ry officer, who perhaps, understands as
little of his duties as he does Juimself;
and as to his "action," heisanstvorable
to the military authority, and to the
military authority alone. Strictly, no
opinion o! any civil officer, other than
a judge, has a binding force. But these
military appointees would not he bound
even by a judicial opinion. They
might very well say, even when their
action is in conflict with the Supreme
Court of the United States, "that Court
is composed of civil officers of the Uni
ted States, and we are not hound to con
form our action to any opiriioh Of any
such authority. ''
Declarations to the contrary, made
iu these, three acts, are contradicted a
gain and again by the repeated acts of
legislation enacted by Congress from
the year 1861 to the year 1867. During
that period whilst those States were
in active rebellion, and after that rebel
lion was brought to a close, they have
been again an 1 again recognized as
States of the Union. Representation
has been apportioned to them as States.
They have been divided into judicial
districts for the holding of district
and circuit courts of the United States,
as States of the Union only can be dis
tributed.
This bill and acts to which it is sup
plementary are all founded upon the
assumption that the ten communities
are not States, and that their existing
governments are not legal. Through
out the legislation, upon this subject
they are called "rebel States," and the
vice of illegality is declared to per
vade all of them. The obligations of
consistency bind the legislative body
as well as the individuals who compose
it. It fs now too late to say that these
ten political communities are not States
of this Union.
The last act on this subject was passed
July 23,18GG, by which every one of
these ten States was arrauged into dis
tricts and circuits. They have been
called upon by Congress to act through
their Legislatures upon at least two
amendments to the constitution of the
United states. As States they have
ratified one amendment, which requir
ed the vote of twenty-seven States of
the thirty-six then composing the U-
nion.
When the requisite twenty-seven votes
were given in favor of that amendment
—seven of which votes were given by
seven of these ten States —it was pro
claimed to be a part of the constitution
ofthe United States, and slavery was
declared no longer to exist in the UT
uited. States or any place subject to
theirjurisdiction. If these seven States j
were not legal States ofthe Union, it fol
lows as the inevitable consequence that
in some of the States slavery yet exists.
It dose not exist in these seven States,
for they have abolished it also in their t
own State constitutions; but Kentucky
not having done so, it would still re
main in that State. But, in truth, if
this assumption that these States have
no legal State governments be true,
then the abolition of slavery by these
illegal governments binds no one, tor
Congress now denies to these States the
power to abolish slavery by denying
to them the power to elect a legal
State Legislature, or to frame a consti*
i tution for any purpose, even for such
I a purpose as the abolition of slavery, j
l As to the other constitutional amend
ment having reference to suffrage, it
- happens that these States have not ac
> cepted it. The consequence is that it
1 has never been proclaimed, or under
? stood, even by Congress, to be a part
I of the constitution of the United States.
- The Senate of the U. States lias repeat
i edly given its sanction to the appoint
-1 ment of judges, district attorneys, and
marshals for every one of these States,
\nd yet, if they are not legal States,
t one of these judges is authorized to
n(j 1 a court. So, too, both houses ot
ho,t4 have passed appropriation
Congi av al j these judges, attorneys,
bills to j of th e united States for
and officei their functions in these
exercising . . Q t^e mac iii n ery of
States. Agai. a j] 0 f these
the internal rew quotas "Territories,"
States are distr icte>
but as ' States. mous legislative
So much of contin , lcesjC^e d, how
recoghition. The insta. <flt mJgbt ()e
ever, fall far short of wl.
enumerated. .... we ]j
Executive recognition, as utiwat _
known, has been frequent and (()
ering. The same may be said
judical recognition, through the .
preme Court of the United States ,
That august tribunal, from first to las.
in the administration of its duties in
banc and upon the circuit, has never
failed to recognize these ten communi
ties as legal States of the Unibfi. The
cases depending in that court upon ap
peal and writ of error from these States,
when the rebellion began, have not
been dismissed upon any idea of the
cessation of jurisdiction. They were
carefully continued from term to term
until the rebellion wasentirely subdued
and peace re-established and they were
allied for argument and consideratioif
as if ho insurrection had intervened. —
New cases, occu rri ng si nee t he rebell ion,
have come from these States before
that court b.v writ of error and appeal,
and even by Original suit, where only
a State can bring such a suit. These
cases are entertained by that tribunal
in the exercise of its acknowledged
jurisdiction, which could not attach to
! them if they had come from any polit
j ical body other than a State of the Un
: ion. Finally, in the allotment of their
' circuits, made by the judges at the De
bember term, 1865, every one of these
: States is put on the same footing or le
i gallty with,all the other States of the
' Union. Virginiaand North Carolina,
i being a part of the fourth cirbuit, are
(I allotted to the Chief Justice, South Car-
VOL.-61,-WHOLE No. 5,403.
oiina, Georgia, Alabama, Mississippi
and Florida constituted the fifth cir
cuit, and were allotted to the late Mr.
Justice Wayne. Louisiana, Arkansas
and Texas, a e allotted to the sixth
judicial circuit, as to which there is a
vacancy 1 on the bench. •
The Chief Justice iu the exercise of
his circuit duties, has recently held a
Circuit Caurt in the State of North
Carolina. If North Carolina, is not a
State of this Union, the Chief Justice
had no authority to hold a court there,
and every order, judgment and decree
rendered by him in -that court was
coam non jiujice, and void.
Another ground on which these re
construction acts are attempted to bo
sustained is this: That these ten
States are conquered 'territory; that the
constitutional relation in which they
stood as States toward the i'edera' gov
ernment prior to the rebellion, has giv
,en place to a new relation; that this
territory is a conquered country, and
their citizens a conquered people; and
that in this new relation, Congress can
govern them by-military power.
A title by conquest stands, on clear
grounds. It is a new title acquired by
war. It applies only to territory; for
goods or moveable things regularly
captured in war are called "booty," or
if taken by individual soldiers, "plun
der." , . .
There is not a foot of land in any one of
these ten States which the United States
holds by conquest, save only such land
as did belong to either of these States
or to any individual owner. I mean
such lands as did belong to the pretend
ed government called the Confederate
States. These lands we may claim to
hold by conquest. As to all other land
or territory, whether belonging to
States or individuals, the federal gov
ernment has now no more title nor right
to it than it had before the rebellion.
Our forts, arsenals, navy-yards, cus
tom houses and other federal prop
erty situated in these States, we now
hold, not by title of conquest, but by
our old title, acquired by purchase or
'condemnation for public use with com-
pensation to former owner. We have
not conquered these places, but have
Simply "repossessed" them. If we re
quire more sites for forts, custom hous
es or other public use, we must acquire
the title to them by purchase or appro
priation in the regular mode.
At this moment the United States, in
the acquisition of sites for national
cemeteries in these States, acquires
title in the same way. The federal
courts sit in court houses ownedor leased
by the United States, not in the court
house of the State. The United States
pays each of these States for the use of
its jails.' Finally, the United States
levies'its direct taxes and its internal
revenue upon the property in these
States, including the productions of the
lands within their territorial limits—
not byway of levy and contribution in
the character of a conqueror, but in the
tegular way of taxation, under the
same laws which apply to all other
States of the Union.
From first to last, during the rebel
lion and since, the title of each of these
States to the lands'and public buildings
owned by them has never been
turbed, and not a foot of it has ever
been acquired by the United States
even under a title by confiscation, and
not a foot of it has ever been taxed un
der federal law.
In conclusion I must respectfully ask
the attention of Congress to theconsid-
eration of one more question arising ,
under this bill. It vests in the military (
commander , subject only to the ap- |
proval of the General of the army of ,
the United States, an unlimited pow- ,
er to remove from office any civil or ,
military officer in each of these ten .
States, and the further power, subject (
to the same approval, to detail or ap- ,
poiut any military officer or soldier of
the United States to perform the duties
of the officers teo removed, and to fill all
•vacancies -occasioned iin those States
by.death, resignation or otherwise.
The military appointee thus required
to perform thaduties. ollacivil ofiice ac
cording to the laws of the State, and as
such required to take an' oath, is, for
the time being, a civil officer. What is
his character? Is lie a civil officer of
the State or a civil officer of the United
Slates? If he is a civil officer of the
State, where is the federal power, un
der our Constitution, which authorizes
his appointment by any federal officer?
* t/ovrever, heistobe considered a civil
-vfthe United States, as his ap
ofheer v. „ un( j oatll wou i(i S eem to in
pointmeni jhe authority for his
dicate, where py the constitu
appoaitmeut ve. , appointmentof all
tion? Thepoweroj. States, dvit or
officers of the United for by
military, where not pro . the p resi .
the constitution, is vested in CQn _
dent, by and with the advice a. t .
sent of the Senate, with this excep.
that Congress may by law vest the a.
pointment of such inferior officers a?
they think proper in the President a
lone, in the courts of law, or in the
heads of departments. But this bill,
if these are to bie considered inferior offi
cers within th e meaning of the constitu
tion, does not provide for their appoint
ment by the President alone, or the
courts of law, or by the heads of depart
ments, but Nests the appointment m
. one subordin ate execiitiv e officer, sub
ject to the ap -proval of another subordi
nate executive officer. So , th at
put this que. stion and fix character
of the military appointee either way,
this provision of tbe bill Is Gdiually op-,
posed tb the con stltation. "
Take the caso of a soldier or offieer
! appointed td perftwn tb offl^bfindge
in one of these States, and as such to ad
minister the proper laws of the State.
Where is the authority to be found in
the constitution for vestiug in a milita
ry or an - executive officer strict judicial
functions to be exercised under State
law? It"has been again ftnd again de
cided by the Supreme Court of the li
nked States that the acts of Congress
which haveatempted to vest executive
powers in the judicial courts, or judges
of the United States, are not warranted
by the constitution.
If Congress cannot clothe a judge with
merely executive duties, how can they
clothe an officer or soldier of the army
with judicial duties over qitizens of the
United States who are not in the mili
tary or naval service? So, too,, it has
been repeatedly decided that Congress
cannot require aStateoffioer, executive
or jhdielal, to perform any duty enjoin
ed upon him by law of the United
States. How, then, can Congress con
fer power upon an ex< cutive officer of
the United States to perform such du
ties in fL State ? If Congress could not
vest in ajudge of one of thes States any
judicial authority under the United
States, by direct enactment, how can it
accomplish the same thing indirectly,
by removing theStatejudge and putting
an officer of the United States in his
place?
To me these considerations are concl u -
siveofthe unconstitutionality of this
part of the bill now before me, and I
earnestly commend their consideration
to the deliberate judgment, of Con
gress. .... ~ .., , a . i
Within a period less than a year the
legislation of Congress has attempted to
strip the executive department of the
government of some of its essential
powers. The constitution and the oath
provided in it devolve upon the Presi
dent the power and the duty to see that
the laws are faithfully executed. The
constitution, in order to carry out this
power, gives him the choice of agents,
and makes them subject to his control
and supervision. But in theexeeution
of these laws the costitutional obliga
tion upon the President remains, but
the power to exercise that constitutional
al duty is effectually taken away.
The military commander is, as to the
power of appointment, made to take
the place of the President, and the gen
eral of the army the place of the Sen
ate, and any attempt on the part oPthe
President to assert his own constitution
al power may, under pretense of law,
be met by official insubordination. It
.is to be feared thatthese military offi
cers,' looking to the authority given
by the laws, rather than to the letter of
the constitution, will recognize no au
thority but the commander of the dis
trict and the general of the artny.
If there were no othOr objection than
this to this proposed legislation, it
would be sufficient. Whilst 1 bold the
chief executive authority of the United
States, whilst the obligation rests upon
me to see that all the laws are faithfuly
executed, I can never willinglysurren
derthat trust, or the powers'given for
its execution.
I can never give my.assent to be made
responsible for the fa.ith.fpl,..execution
of laws and at the same time surrender
that trust and the powers which accom
pany it to any other executive officer,
high or low or to any number of execu
tive officers. i •
If this executive trust, vested by the
Constitution in the President, is to be
taken from him and vested in a subor
dinate officer, the responsibility will be
with Congress in clothing the subordi
nate wltlip unconstitutional power, and
with the officer who assumes its exer
cise. This interference with the consti
tutional authority of the; executive de
partment is an evil that will inevita
bly sap the foundations of oili* federal
system ; but it is not the Worst evil of
this legislation. It is a great wrong to
take from the President powers confer
red upon him alone by the constitution,
but the wrong is more flagrant and
more dangerous when the powers so ta
ken from the President are conferred
upon 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 one of these five district com
manders, though not chosen by the
people or responsible to them, exercise
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
themselves! The remedy must come
from the people themselves. They
know what it is and how it, is, applied.
At the present time they cannot, ac
cording to the constitution, repeal these
laws; they cannot remove or control
this military despotism. The ; remedy
nevertheless, is in their hands; it is to
be found in the ballot, and is a sure
one, if not controlled by fraud, over
awed by arbitrary power, or from a
pathy on their part too long delayed.—
With abiding confidence in their patri
otism, wisdom and integrity, I am
still hopeful of the future, and that in
the end the rod of despotism will be
broken, the armed rule of power be lif
ted from the necks of, the people, and
the principles of a violated cQpstitution
preserved. ANDREW JOHNSON.
Washington, D. C., July 19, 1867.
THE Puritans of New England under
the influence of fanaticism looked upon
the Indians very much as the Puritans
now do upon the Southerners, as "chil
dren of the Devil," ..While thpy regard
themselves as. the favorite sons of Hea
ven, destined to inherit the promised
land. Their whole reasoning was ein
i bodied in the following resolves:
Revived, That the earth is the Lord's
and the fullness thereof. ,
Resolved, That the Lord hath given
this Inheritance to the saints.
Resolved, That we are the saints.