The globe. (Huntingdon, Pa.) 1856-1877, July 24, 1867, Image 2
= ale Cube. HUNTINGDON, PA. Wednesday morning, July 24, 1867, WM. LE IVTS, TIUGIL LINDSAY, } EnlT°llB Congress adjourned on Saturday last to meet again on the 21st 'November. No movement was made toward the impeach ment of the Presidant. So we GO.—We find tho following in tho Washington news of last Friday : "Tho Homo closed tho day's procee dings by passing a bill prohibiting any distinction on account of color in hold ing oflico or in sitting on the jury in this city. Nothing els° of importance was dono." Trouble Ahead. We publish to-day the Supplementary Re construction Bill, and the President's veto of the same. The bill was immediately passed, by a party vote, over the veto, and is now a law, bolierod to be unconstitutional by the President and Cabinet and a large por tion of the people. The passages in the veto most objected to by the Republican prose are the following "Whilst I hold the Chief Executive authority of the United ntates; whilst the obligation roots upon me to see that nil the laws are faithfully oxecutod, I can never w il lingly surrender that trust, or the powers given for its execution ,• I can never gi re my assent to be mado tespon tale for the faithful execution of laws, and, at the canto time, surrender that trot and the powers which accom pany It, to any other efecntive officer, high or low, or to any monitor of executive officer.. * * Y * J * s it * 'The remedy mast come from the people thentsalres.— They know what it is, and how it is to be applied. At the present time they cannot, according to the forms of the Constitution, repeal these laws. They cannot remove or control this military despotism. The remedy is never thelegg In their hands. It to to be found in the ballot, and is a sure end it not controlled by fined, overawed by arbitinry power, or from apathy on their part tea long delayed. • With abiding confidence in their patriotism, wisdom sand integrity, I am still hopeful of the future, and that iu the end the rod of despotism will be broken, the armed heel of power lifted from the necks of the people, and tho principles skf a risloted Csnstitutien preserved." Read the bill and tho veto and think and not for yourselves. Tho opinions and actions of the mere partisan leaders have too long controlled the people. The storm is coming, and the innocent must suffer most. Wendell Phillips on Negro Office Holders, Mr. Wendell Phillips, in the Anti Slavery Standard for last week, is "very glad to obtain an increasing in clination among the colored men of the South to claim share in the future management of public affairs," and ho notes with satisfaction that the mayor alty of _Richmond is claimed for a col ored shoomaLor, with three places out of &TO for blacks in tho City Council, and Bays, "this is as it should be; we trust they Nv till be elected." lie also hopes wherever the blacks will be in a majority "to see ere lotrg the offices in their keeping." "This," says Phil lips, "is the logical sequence of their emancipation and enfranchisement." He then flogs the editor of the Tri— bune and other lagging Radicals into the ranks in the following paragraph : Whether voluntarily or not, the Re publican party, or a more worthy suc cessor, must, at an early period, throw wido open the doors of official station to the blacks upon equal terms with the whites in both State and national governments despite the protestations of the Tribune and "the weak kneed and blindly selfish politicians. Two colored mon have served Massachu setts in the capacity of legislators with credit to the State and honor to them selves. We shall not object to an "arm-in-arm" spectacle, when it shall consist of a Massachusetts President and a South Carolina Vico President, white and colored respectively, to be duly inaugurated in official position in the national Capitol. To this goal we aro tending. Wo shall have no stone unturned to hasten the day. ~An amusing aeconnt is given, by tho correspondent of the Truss, of a registration scene which ho witness od in Georgia, the Board of Officers consisting of two white and ono color ed man: - Soren nogrocs were called and listened attentively to the reading of the oath. Wo can best give it in his own words: "The reader threw in for their bene fit a running exegesis of the oath, caus ing Qum to guffaw by a droll look when be recited that part of it which makes them swear that they had never held any (executive or judicial office in any State;' while, when he came to read the prohibition against register. ing by those who had been disfr,an chised for felony, and explained 'felo ny' by the gloss 'such Its cow-stealing,' they were so struck by the drollery of the interpretation that their bodies bent and swayed in uncontrollable merriment. Throughout all the reci tal their countenances showed a des perate mental effort to koop their 'holt' of the moaning, and during the rend ing of the mairibody of the oath the effort was measurably successful ; but when the registering officer came to whore the formula speaks of 'an act supplementary to nu act,' the poor fol lows became perfectly flabbergasted.; like Tomlow,they found their intellects giving way under the severe strain, and they lapsed into more outer dark ness and collapse." A FATHER DIES FOIL MS SON. —Th oro has been a terrible fire in Evausville,in which some of the best merchants' houses were burned down. The Evans• villa "Courier" says, and it is nobler and braver than Casablanca : We regret to chronicle the loss of a useful man, a loving and kind husband, a brave father—for in the act of sav ing his son's life the father was buried beneath the burning ruins. Mr. Mag,on ohs was employed in the factory as a maker of safes, and has, wo believe, ns an assistant, his son, a lad some sixteen years old. These two were working in the upper story when tho alarm was given, and, seeking to make an exit, found their retreat cut off. The fath er helped las noll to PraCh a window, and, pludling hint friltl. it, cank Mole r-h•tngao , l into the raging ntennan be neath. The body was badly burned, and when the fire was somewhat sub dued, there was gathered. front near where the door had been, a. heap of shriveled, blackened remains—all that was left of a noble man who had died while striving to a:wo a life that was dearer than his own. usual quantity of local mat ter has been crowded out by the veto aud other douumetits. = Suppiernented Reconstruction Act, Szortoti I. That itis hereby declared to have been the true intent and mean ing of the act of the second day of March, 1867, entitled "an act •to pro vide for the more efficient government of the rebel States," and the act supple mentary thereto,,passed the twenty third of March, 1867, that the govern ments then existing in the rebel States of Virginia, North Carolina, South Carolina, tGaorgia, Alabama, Mississip pi, Lenisiana, Florida, Texas, and Ar lcansaß, were not legal governments, and that thereafter said governments, if continued, were to be continued sub• ject in all respects to tho military commanders of the respective districts, and to the paramount authority of Congress. Sac. 2. That the commander of any district named in said act shall have power, subject to the disapproval of the General of the army- of the United States, and to have effect till disap proved, whenever, in the opinion of such commander, the proper adminis tration of said net shall require it, to suspend or remove from office, or from the performance of official duties, and the exercise of official powers, any of ficer or person holding or exercising, or professing to hold or exercise, any civil or militarroffico or duty in such district, under any power, election, appointment, or authority derived from, or granted by, or claimed under, any so called State, or the government thereof, or any ,municipal or other di , vision thereof; and upon such snspen• sion or removal such commander, sub ject to the disapproval of the General, as aforesaid, shall have power to pro• vide from time to time for the per formance of the said duties of such of deer or person so suspended or remov ed by the detail of some competent of ficer or soldier of the army, or by ap point of some other person to perform the same, and to fill vacancies occa sioned by death, resignation, or other wise. Sac. 3. That the General of the ar— my of the United States shall bo inves ted with all the powcr 2 s of suspension, removal, appointment, and detail gran ted in the preceding section to district commanders. SEC, 4. That the nets of the officers of the army already done, in remov ing in said districts persons exercising the functions of civil officers, and ap pointing others in their stead, aro hereby confirmed; provided that any person heretofore or hereafter nppoin ted by any district commander to ex ercise the functions of any civil office, may be removed either by the military °Ricer in command of the district, or by the General of the army ; and it shall be the duty of such commander to remove from office as aforesaid all persons who are disloyal to the Gov ernment of the United States,_or who use their official influence in any man ner to hinder, delay, prevent, or ob struct the duo and proper administra tion of this not and the acts to which it is supplementary. Sac. 5. That the boards of registra tion provided for in tho aet entitled "an act supplementary to an act entitled an act to provide for the more efficient government of the rebel States," pass ed Moh. 2,1867 ; "and to facilitate " o res• toration," passed March 23, 1867, shall have power, and it shall be their duty, before allowing the registration of any person, to ascertain, upon such fact or information as they can obtain,wheth er such person is entitled to be 'reg istered under said act, and the oath required by said act shall not be eon elusive on such question; and no per. son shall be registered unless such board shall decide that he is entitled thereto; and such board shall also have power to examine under' oath, to be administered by any member of such board, any ono touching the qualifica tion of any person claiming registra tion ; but in every case of refusal by the board to register an applicant, and in every ease of striking his name from the list as hereinafter provided, the board shall make a note or memo randum, which shall be returned with the registration list to the command ing general of the district, setting forth the ground of such refusal or such stri• king from the list: Provided that no person be disqualified as a member of any board of registration by reason of race or color. SEC. G. That the true intent and meaning of the oath presented in said supplementary act is (among other things) that no person who has been a member of the Legislature of any State, or who has held any executive or judicial office in any State, whether he has taken an oath to support tho Constitution of the United States or 'not, and whether he was holding such office at the commencement of the ro• hellion, or had held it before, and who has afterwards engaged in insurrec tion or rebellion against the United States, or given aid or comfort to the enemies thereof, is entitled . to be reg istered or to vote; and the words "ex ecutive or judicial" office in any State, in said oath mentioned, shall be con strued to include all civil offices crea ted by law for the administration of any general law of a State, or for the administration of justice. Sac. 7. And be it further enacted , That the time for completing the original registration, provided for in any net may, in the discretion of the 'comman der of any district, bo extended to tho first day of October, 1807; and the board of registration shall have pow er, and it shall be their duty, eon/- mooing fourteen days prior to any election under said act, and upon rea sonable public) notieo•of the time and place thereof, to revise for a period of five days the registration lists, and upon being satisfied that any person not entitled thereto has boon register ed, to strike the name of such person from the list, and such person shall not I be allowed to vote. And such board shall also, during the same period, add I to finch registry the names of all per sons who at that time possess the qualifications required by said act, who have not boon already registered, and no person shall at any time b e e l l titled to be registered or to vote by reason of any executivo pardon or am nesty, for any act or thing whieboritti out such pardon or amnesty, would disqualify him from registration or vo ting. Sac. S. That nil members of said boards of registration, and all persons hereafter elected or appointed to of fice in said military districts under any so-called State or municipal au thority, or by detail 9r appointment of the district commenter, shall be re quired to take and subscribe to the oath of office prescribed by law for the of ficers of the United States. Sol 9. That no district commander, or mernbor of the hoard of registration, or any officer or appointee acting un der them, shall be hound in his action by nuy opinion of-any civil officer of the United States. 5z0.,10. That section 4of said last named act shall be construed to au thorize the cotnmanding general nam ed therein, whenever ho shall deem it needful, to remove any member of a board of registration, and appoint an other in his stead, and fill any vacancy in such board. Sec. 11. That all the previsions of this set, and of the acts to - which this is supplementary - , shall be constrned liberally to tho end, that all the in tents thereof may ho fully and per fectly carried out. Veto of the Reconstruction Bill. WASHINGTON, July 19.—The follow ing is the message of the President ve toing the amendatory reconstruction bill : WasniNoToN, July 19, 1567. To the Rouse of Representatives of the United States I return herewith the bill entitled u.An act supplementary to an act enti tled an act to provide for the more effi cient 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 possible, some of the reasons whieh prevent me from giving it my approval. This is one of a series of measures passed by Congress during the last four months on the subject of reconstruc tion. The message returning the act of the 2d of March last states at length my objections to the passage of that measure; they apply equally well to the bill now before me, and I am con tont merely to refer to them, and to reiterate ply conviction that they are sound and unanswerable. There aro some points peculiar to this bill which I will proceed at once to consider.' The first section purports to declare the true intent and meaning, in some particulars, of the prior acts upon this subject. It is declared that the intent of those acts was, first, "That the exis ting governments in the ton rebel States" were not legal State govern ments ; and second, "That thereafter said governments, if continued, were to be continued subject in all respects to the military commanders of the re spective dialriots and to the paramount authority of Congress." Congress may, by a declaratory act, fix upon a prior act a construction altogether at vari ance With its apparent meaning, and from the time at least when such con struction is fixed the original act will be construed to mean exactly what it is stated to mean by the declaratory stat ute. There will be, then, from the time this bill may booome a law, no doubt, no question as to the relation in which the existing governments in those States, celled in, the original act the "provisional governments," stand to wards the military authority. As their relations stood befbre the declaratory act, three "govern thente," it is true, wore made subject to absolute military authority in many important respects, but not in all, the language of the act being "subject to the military authori ty of the United States as hereinafter prescribed." By the sixth section of the original act these governments wore made "in all respects subject to the paramount authority of the United States." Now, by this, declaratory act it appears . that Congress did not, by the original 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, tho registra tion of voters, and the superintendence of elections, but in all respects is asser ted to be paramount to the existing civil governments. It is impossible to conceive any state of society more in tolerable than this, and yet it is to this condition that twelve millions of Amer. ican citizens aro redeced by the Con• greys of the United States. Over every - foot of the immense territory occupied by these American citizens the Consti tution of the United States theoreti cally is in full operation. It binds all the people there, and should protect them; yet they are denied every ono of its sacred guarantees. Of what avail will it be to any ono of these Southern people, when seized by a file of soldiers, to ask for the cause of arrest or for the production of the warrant? Of what avail to ask for the privilege of bail when in military custody, which knows no such thing as bail ? Of what avail to demand a trial by jury, procsks for witnesses, a copy of the indictment, the privilege of counsel, or that vssater privilege, the writ of habeas corpus ! The veto of the original bill of the 2d of March was based on two distinct ground*, "theihterfOiMice of Congress in matters strictly appertaining, to the reserved powers of the States, nod the establishment of military tribunals for the trial of-citizens in time of peace." The impartial reader of that message will understand that all that it con tains with - respect to military despot ism and martial law fa's reference espe cially to the fearful power conferred on the district commanders to displace the criminaleourts and assume jurisdiction to try and to punish by military hoards; that potentially the suspension of the habeas corpus was martial law and military despotism. The act now be fore me not only declares that the in tent was to confer such military au thority, but also to confer unlimited military authority over all the other courts of the State, and over all the officers of the State, legislative, execu tive, and judicial. Not content with the general grant of petwer, Congress in the second section of this bill epoch fieallytives to each military Command er the power to "suspend or remove from office, or from the performance of official duties and the exerciee of otli ?itsl powers, any officer or person hold ing or exercising, or professing to hold or exercise, any civil or military office or duty in such district under any power, election, appointment, or au thority derived from or granted by or claimed under any so•called State, or the government thereof, or any muni cipal or other division thereof," a pow er that hitherto all the departments of the Federal Government, acting 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 power, supported by "a sufficient military force," to remove every civil officer of the State. What next? The district commander, who has thus dis placed the civil officer, is authorized to fill the vacancy by the detail of an offi cer or soldier of the army, or by the appointment of some other person. This military appointee, whether an officer, a soldier, or some other person, is to perform the duties of such officer or person so suspended or removed. In other words, an officer or soldier of the army is thus transformed into a civil officer. He may be made a Governor, a legislator, or a judge. Rowdier un fit hO'reay deem himself for snob civil dutioe, ho must obey the order. The officer ofthe army must, if detailed, go upon the Supreme bench of the Stato I with the same prompt obedience as if he were - detailed to go upon a court martial. The soldier, if detailed to act .as a justice of the peace, must obey as quickly as if he were detailed for pick et duty. What is the character of such a military-civil officer? This bill, de clares that ho shall porfOrm the duties of the civil office to which ho is detail ed. It is,clear, however, that ho does not lose his position in the military sec. vice. Re is still an officer or soldier of 'the army. 11e is still subject to the rules and regulations which govern it, and must yield due deference, respect, and obediotice towards , his superiors. The clear intent of this section is, that the officer or soldier detailed to fill a civil office intist execute its duties ac cording to the laws of the State. If ho is appointed a Governor of a State he is'to execute the duties as provided by the laws of that State, and for the time being his military character is to be suspended in his now civil capacity. If ho is appointed a State Treasurer he must at once assume the custody and disbursement of the funds of the State, and must perform these duties precise• ly according to the laws of the State, for ho is entrusted with no other offi cial power. Holding the office of treas urer, and entrusted with 'funds, it hap pens that he is required by the State. laws to enter into bond with security, and to take an oath of office; yet from the beginning of the bill to the oad there is no provision for any bond or oath of office, or for any single qualifi cation required under the State law, such as residence, citizenship, or any thing else. The only oath is that pro vided for in the ninth section, by the terms of which every ono detailed or appointed to nay civil office in the State is required "to take and to sub. scribe the oath of office prescribed by law for the officers orate 'United States." Thus an officer of the army of the United States, detailed to fill a civil office in one of these States, gives no official bond and takes no official oath for the performance of . Ida new duties, but as a eivihofficer of the State only takes the samo oath-which tie had al. ready taken as a military officer of the United States. lie is at last a military officer performing civil duties, and the authority under which ho acts is Fed eral authority only, and the'inevitable result is that the Federal Government, by the agency of its own sworn offi• core, in effect assumes the civil govern ment of the State. A singular contradiction is apparent hero. Congress declares those local State governments to be illegal gov ernments, and then provides that the illegal governments shall be carried on by Federal officers, who are to perform the very duties imposed on its own officers by this,illogal State authority. it eortaidly would be a novel spectacle if Congress should attempt to carry on a legal State government by the agen cy of its officers. it is yet, more strange that Congress attempts to sustain and carry on an illegal State government by the same Federal agency, In this connection, I must call at tention to the tenth and eleventh sec tions of the bill, which provides that none of the officers or appointees of these military commanders "shall be bound in their action by any opinion of any civil ()filter of the United States, and that all the provisions of the act 84011 bo construed liberally, to the end that all theintonts thereof may be ful ly and perfectly carried out." It seems Congress supposed that this bill might require construction, and they fix, therefore, the rule to be applied. DIA where is the construction to comefrom? Certainly no ono can be more in want of instruction than a soldier or an offi cer of the army detailed for a civil ser. vice, perhaps tho most important in a State, with the ditties of whirl) he is al together unfamiliar. This bill says be shall not be bound in his action by the opinion of any civil officer of the United States. The duties of theOffico are altogether civil, but when ho asks for an opinion be can only ask the opinion of another military officer, who perhaps under stands as little of his duties as he (loos himself; and as to his "action," ho is answerable to thn military authority, and the militit`ry authority alone. Strictly, no opinion of any civil officer, other than a judge, has a binding force; but these military appointees would not be bound oven by a judicial opin ion. They might very well say, even when their• action is in conflict with the Supreme Court of tho United States, "that court is composed of civil officers of the United States, and we aro not bound to confoilm our action to any opinion of any such authority." This bill; and the acts to which it is supple, mentary, are all founded upon tho as. sumption that those ten communities are not States, and that their oxisting governments are not legal. Through out the legislation upon this subject, 'they are called rubel States. And in this particular bill they aro denomina ted "so-called States," and the vice of illegality is declared to pervade all of them. The obligations of consistency bind a legislative body as well as the individuals who Compose it. It is now too late to say that thcso ten political communities are not States of this Union. Declarations to the contrary in these Ws are contradicted again and again by repeated acts of legislation enacted by iCongress front the year 1861. to the year During that po• rod, whilst those States wpro in actual rebellion, and after that rebellion was brought to a close, thoy have boon ngain and again recognized as states of the Union. Representation has been up portioned to them as States. They have been divided into judicial districts for the holding. of distriot courts of the United States, as States of the Union only eat) be districted. The last act on this subject was passed July 23, '66, by which every one of these ten States was are anered into districts and circuits; they have been called by Congress to act through their Legislatures upon at least two amendments to tho Constitu-, tien of the United States; as States' they have ratified ono amendment, which required the vote of twenty seven States of the thirty-six then com posing the Union when the requisite twenty-seven votes wore given in fa vor of that amendmenl,seven of which votes were given by seven of these ton States, it was proclaimed to be a part of the Constitution of the United Status, and slavery was declared no longer to exist within the United States or any place subject to their jurisdiction. If these seven States were not legal States of the Union, it follows, as an inevita ble consequence, in some of the States slavery yet exists. It does not exist in those seven States, for they have abolished it also in their own State Constitutions; but Kentucky, not hay- ' ing done so, would still. remain in that state. But, in truth, if this assumption that these States have no legal State governments be true, then the aboli tion of slavery by these illegal govern ments binds no ono; for Congress now denies to these States the power to abolish slavery by denying to them the power to elect a legal State Legis lature, or to frame a Constitution for any purpb e le, even for Such a purpose as the abolition of slavery. 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 has never beet' proclaimed or under stood even by Congress to be a part of the Constitution of the United States. The Senate of the United States has repeatedly given its sanc tion to the appointment of judges, dis trict attorneys, and marshals, for every one of these States, and yet if they aro not legal States not one of those judges is authorized to hold a court. So, too, both houses of Congress have passed appropriation bills to pay theie judges, attorneys, and officers of the United States for exercising their fnectious in these States. Again, in the machinery of the internal revenue laws all these States are districted, not as Territor ies, but as States. So much for continu ous legislative recognition. The in stances cited, however, fall far short of all that might be enumerated. 'Exe cutive recognition as is wall known has been frequent and unwavering. The same may be said us toindieial re cognition through the Supremo Court of the United States: That august tribunal, from first to last, in the ad ministration of its duties, in bane and upon the circuit, has never failed to recognize those ton communities as le gal States of the Union. - The cases depending in that court upon any ap. peal and writ or error from these States when the rebellion began, have not boon dismissed upon any idea of tho. cessation of jurisdiction. They were carefully continued from term to term until the rebellion was entirely 'subdued and peace re-established, and then they wore called for argument and consideration, as if no insurrection had intervened. Now cases occurring since the rebellion have come from these States before that court by wri t or error and appeal, and oven by ori ginal suit, where only a State can bring such a suit. These cases aro enter tained by that tribunal in the exorcise of its acknowledged jurisdiction, which could not attach to them if they had come-from any political body other than a state of the Union. Finally, in their allotment, of their circuits made by the judges at the December term, 1565, every ono of these States is put on the same foot ing of legality with the other States of the Union. Virginia and North Carolina, being a part of the fourth circuit, are allotted to the Chief Jus tice. South Carolina, Georgia, Ala bama, Mississippi. an'd Florida, con stituting tho fifth oircuit, aro allotted to tho late Mr. Justice Wayne. Louis iana, Arkansas, and Texas, are allot ted to the sixth judicial oircuit, as to which there is a vacancy on the bench. The Chief Justice, in the exercise of hie circuit duties, has recently held a circuit court in the State of North Carolina. If North Carolina is not 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 were cOk'ant nonjudice and verdi. Another ground op which these r - construction acts aro attempted to be sustained is this that these ten States aro conquered territory ; that the con stitutional relation in which they stood as States towards the Federal Govern ment prior to the rebellion has given place to new' relations ; that their ter ritory is a conquered country, and their citizens a conquered people, and that in this new 'relation Congress can govern them by military power, A ti tle by conquest stands on clear ground; it is it now- tiths-aequired by•-war: It applies only to territory ; for goods or movable things regularly captured in war are called "booty," or if taken by individual soldiers, "plunder." There is not a foot of the land in any ono of these ton States which the United States holds by conquest, save only such land as did not belong to either of those States or to any individual owner. I mewl such lands as did be long to the pretended government call ed the Confederate Statos.- . These lands we may elaim to hold by conqtiest; as to all other lands or territory, wheth- ! or belonging to the States or to indi viduals, the Federal Government has' now no more title or right to it than it had before the rebellion. Our own forts, arsenals, navy yards, custom houses, and other Federal property situate in those States we now hold, not by the title of conquest, but by our old title—acquired by purchase or condemnation to public use, with com pensation to former owners. 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 ac quire the title to them by purchase or appropriation in the regular mode. At this moment the United States, in the acquisition of silos for national ceme teries hi those States, acquires title in the saute way, The Federal courts Flit in Court houses owned or leased by the United States, not in the court hou ses of the States. The United States pays each of these States for the use of its jails. Finally,tho United States ios direct taxes and itjintornal revenue upon the property in these States, in cluding the productions of the lands within-their territorial limits, not by way of levy and contribution in the character al: conqueror, but in the regular way of taxation,- under the same Jaws whibh apply to all the oth er States of the Uniien.: from first to last, during thd rebellion and since,the title ofAach of these States to the lands and public buildings owned by them has never,boon disturbed, and not a foot of it has ever been acquired by tho United States, even under a title by confiscation, and not a foot of it has ever been' taxed under federal law. In conclusion, I must respectfully ask the attention of Congress to the consideration of ono more question arising under this hill : It vests in the military commander, subject only to the approval of the general of the ar my of the United States, an unlimited power to remove from office any civil or Military officer in each of these ton States, and the further rower, subject to the same approval, to detail or ap point any military officer or soldier of the United States to perform the du ties of the officers so removed, and to fill all vacancies occurring in these States by death, resignation, or other wise. The military appointee thus re• quired to perform the duties of a civil office, according to the laws of the State, and as snub required to take an oath, is for the time being, a civil of ficer. What is his character ? Is he a civil officer - 6T the United States ? If he is a civil officer of the State, where is the federal power under our Consti tution which authorizes his appoint men t; by any federal officer ? 1.1, how ever, he is to be considered a civil of ficer of the United States, as his ap pointment and oath would seem to in dicate, where is the authority for his appointment vested by the Constitu tion ? The power of appointment of all officers of the United States, civil or military, where not provided for in the Constitution, is vested in the President, by and with the advice and consent of the Senate, with this ex- I caption : that Congress may, by law, vest the appointment of such inferior officers as they think proper, in the President alone, in the courts of law. or in the heads of departments." But this bill, if therm are be considered in ferior officers within the moaning of the Constitution, does not provide for their appointment by the President alone, or by the courts of law, on' by Lho heads of departments, but vests the appointment in ono to executive officer, subject to the appro val of another subordinate executive officer ; so that if we put this qtestion and fix the character to this 'military appointee, either way this provision of the bill is equally opposed to the Con stitution. Tithe the case of a soldier or officer appointed to perform the office of judge in one of these States, and as such to administer the proper laws of the Stato,'whero is the authority to be found in the Constitution for vesting in a military or an executive officer strict judicial functions to be exercis ed under State law - 7 It has been again and again decided, by the Supreme Court of the United States, that acts of Congress which have attempted to vest executive power in the judicial courts or judges of -the United States aro not warranted by the Constitution. If Congress cannot clothe a judge with merely executive duties, how can they clothe an officer or soldier of tho army with judicial duties, over citizens of the United States, who aro not in the military or naval service. So, too, it has been repeatedly de. tided that Congress cannot require a State officer, executive or judicial, to perform any duty enjoined upon him by a law of the United States. How, thee, can Congress confer power upon an executive officer the United States to perform such duties in a State ? If Congress could not vest in a judge of ono of these States any judicial author ity under the United States by direct enactment, how can it accomplish the same thing indirectly by removing the State judge and putting an officer of the United States in his place? To me those considerations are con. elusive of the unconstitutionality of the part of the bill now before Me, and I earnestly commend their considera tion to the deliberate judgment of Congress. 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 men- tial powers. The Constitution, and oath provi ded in it, devolves upon the President the power and duty to see that the laws aro 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 supervision; but in the execution of these laws the Constitu tional obligation upon the President re mains, but the power to exercise that constitutional duty is effectually taken away. The military commander is, as St) the pon'iSirtif appointment, made to take the place of the President, and the general of the army the place of the Senate, and any attempt on the part of the President to assert hisown constitutional power may, under pre toriee of law, be met by official insub ordination. It is to be feared that these military officers, looking-to the authority giv- en by these laws, rather than to the letter of the Constitution, will recog nize no authority but the commander of the district and the general of the army. If thorn were no other objec tion than this to this proposed legisla tion, it would be sufficient. Whilst hold'the chief executive authority of the United States; whilst the Wigs: gation rests upon me, to sue that all the laws are faithfully executed, I can never willingly surrender that trnst,or the powers given for the execution ; can never giveyer assent to ho made responsible for the faithful execution of laws, and at the same time surren der that trust and the powers which accompany it, to any other executive officer, high or low, or to any number of executive officers, if this exeeutive trust, vested by the Constitution of the Provident, is to be taken from him and vested in a gubnr dinate officer, the responsibility will be with Congress, in clothing the sub. ordinate with unconstitutional power, and with the officer who EtSSMILSS its exercise. This interference with the constitutional authority of the execu tive department is an evil that will in evitably sap the foundations o! our federal system, but it is dot the worst evil of this legislation. It is a great public wrong to take froM the Presi dent powers conferred . on hint - alone by the Constitution. But the wrong is more flagrant and more dangerous when the powers so takeri from the President are conferred upon subordin ate executive officers. Over nearly one-third of the States of the Union military power, regulated by no fixed law, rules supreme. Each one of 'the five district comma»dere, thin gli ,not chosen by the people or responsible to them, exercises at this hour more exe cutive power, military and civil, than the people have ever been ° willing to confer upon the head of the executive department, though chosen by and re sponsible to thoinsolves, • The remedy must come from the people 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 Constitution, repeal those laws. They cannot remove or control this military despotism. The remedy is nevertheless in their hands. It is to be found in the ballot, and is a surd one, if not controlled by fraud, overawed by arbitrary power, or from apathy on their part too long delayed.- , With abiding oonfidence in their pa triotism, wisdom, end 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 people, and the principles Of a violated Constitution preserved. e " ° ' . ANDREIV JOIINSON The President's Message, WASFIINCITON, July 15.—The follow in.- is the message transmitted to-day, addressed to the Senate of 'the United States. I transmit herewith reports from the Secretary of War and the Attorney General, containing the information called for by the resolution of the Sen ate of the 24 inst., requestisg the Pre sident to communicate to the. Senate copies of all orders, instructions,.cirbu. lam letters, or letters of. advice issued to the respective military officiers assigned to the command of the several military districts under the act passed March 2,1867, entitled "An act to pro vide for the more efficient government of the rebel states, and the act supple , mentary thereto," passed -March 23, 1867; also copies of all,opinions given to him by the Attorney General of the United States, touching the construc tion and intoipretation of said acts, and of all correspondence relating to the operation, construction, or ()sedi tion of said acts that may have taken place between himself and any of said commanders, or between hull and the General of the army, or between the latter and any of the said commanders touching the same subjects; also copies of all orders issued by any of said eoin muders in carrying out the provisions of said-acts, or either of them; also that he inform the Senate what pro gress has been made in the matter or registration under said acts, and wheth er the sum of money heretofore appro priated for carrying thorn out is prob ably sufficient. In answer to that portion of the res olution which' inquires whether the sum of mono .heretofore appropriated for carrying :tfcene sets into effect is probably sufficient, reference is made to the accompanying report of the See -1 rotary of War. It will be soon from that report that the appropriation of $500,000 made in the act approved March 30, MT, for the purpose of car rying-into effect the act to-provide for the more eftlident government of the rebel States, passed March 2, 1807, and the act supplementary, passed March 23, 1867, has already been expended by the commanders of the general mil itary districts, and that in addition the sum of $1,645,277 is required for pres ents purposes. It is exceedingly difficult at the pros ent time to estimate the probable ex pense of carrying into full effect the two nets of Alareit last and the bill which passed the two Houses of Con gress on the 13th inst. If the existing governments of the ton States of the. Union aro to be deposed, and their en tire machinery placed under the exclu sive control and authority of the re spectivo district commanders, all the expenditures incident to the adminis tration of such governments must nec essarily be incurred by the Federal government. It is believed that, in addition to the two million one hun dred thousand dollars already expend ed or estimated for, tlfesum which will be required far the purpose would - not be loss than fourteen millions of dol.. lire—the aggregate amount expended prior to the rebellion in the administra tion of these respective 'governments by the tela States embraced in the pro= vision of these acts. The stun would no doubt be considerably augmented if the machinery of these States is to, be operated by the Federal govern- Mont, and would be largely increased it the United States,, by abolishing the existing State governments, should-be come resi:s64lWe IbrliabilitieriTneurred by theta befOr'O'We rebellion in lauds-, ble efferts to develop hor resources, and in nowise created for insurrection, ary or revolutionary purposes. The debt of these States thus legiti, mutely incurred, when acturately‘ as, certained, will, it is believed approxi mate a hundred millions of dollars; and they are held not only by our own.ofk, izens, among whom are residents of , portions of the country which have. over remained loyal to the Union, but by persons who are the subjects of for eign governments. ft is worthy tbp consideration of Congressand the coon try whether, if the Federal 'goyern rnent, by action, were to assume such obligations, so large an addition to our public expenditures would not Seriously impair the credit of the nation or, on the other hand, whether the refusal,of Congress to guarantee the payment of the debts of Wes° States, after having displaced or abolished their Slate giiv ernments, would not bo viewed as a violation ofgood faith and a repudiation by the national Imeislature of liabili ties which these States had justly and legally incurred. (Signed) gn ed) ANDREW JOHNSON. Washington, D. C., July 15, 1367. . RECENT English papers were ipucl) excited at, the intended appegi•appe of tho wife of a duke and the wile of ri bishop as public porformel•a. The la, dies are the Duchess Of :Newcastle an 4 Mrs. Ellicott, and they were to sing in Exeter Hall pn the 2d of Silly, in hg, half of a charity for children.