BY ?TO THINE OWN SELF BK TUUE, AND IT MUST FOLLOW, AS THE IIOB'T. A. THOMPSON & CO. iummMmnmt?i?fm*?m)?mm i m j '-_ ^ M I I - - rn Milli II I I I I i i n II irn?ri?. m.mi mniii PICKENS COURT HOUSE, S. C. SATURDAY, JULY 27, 1801. NIGHT THE DAY, THOU NO. 5& TETO MESSAGE OP THE PRESIDENT. The following lu the vedo of thc Second Supplementary Military bill, which has ai ncc boon pissed by Congress, tho'Presiden t'a ?b Sections to the contrary notwithstanding : To tho House of Representatives nf United States: I return herewith tho bill entitled " An .net supplementary tuan act entitled An act to provide for the inore efficient government of tho rebe) States.' " passed on thc 2nd dav of March, 1S07, and t heed supplement ny there to passed on the -23d day of Mi lch. ISCiT", and will state as briefly H8 possible sonic of the reasous which prevent me fr nu pix ing it my npproval. This is ono,of a series of measures passed j by Congress during the last four mom hs on tl\e subject of reconstruction The message returning the act of the 2nd of March last I States'at length my nbj?t?tioiis to the passage of that measure. They apply.Mjunlly well, to tho bill now before me, and I alu content merely to refer to them, and to reiterate my conviction that they are sound mid unauswev .obie.. VECUT.iAn foj.NTs <>\- fir:: nfi.r.. The first;section propones lo de-clan: " the true intent, and iii on ubi g-,'.' in some purlieu la'rSi of the two prior acts upon this subject. - ins declared t h W?f?m^itent nf those'itels j was : First, that t ?.<>. existing governments io j tholen "rebel Slates w - not legnl State governments," and S"i II ! " flint, thereafter .said governments, if continued,' were to I.o ?continued subject in i ll respects to tho Mili tary Commanders of t-ie.respei fivu districts, ii nd to thc paramount authority nf Cnn^rei-s.'' j Congi ess may. by a declaratory act. lix up- ' on a prior t ot a const ruction ulioget her'at va-m viatico with its apparent moaning; and from' the time at least w-hon'.sueh construction ia j fixed the original act will he enlistrip'd to ninan exactly winji it h Milted tn m ?vin. h*v t1 e dee ' elartorv statue. There will h ', Ibmi, fm-u tho j time this bil! livy bloome .? h w, no d it'd--' nb question"-SH t?< the relation in which the! *'existing governments in tli'ise Slates, culled i in the original id "th" rjrhvis'mnal govern- 1 incoc.N,'! M o?d ut I th'ii military au'h.ri ties. Ai tblw? r,d. ti.i is si..:id he'.,'.e th,, de?. ' laratery act, these. " go\ HiWnoursr; ii m mic, j .were made sui j-et to absolute military au-? t nurity in mat^' ?itfportint resfocls, but not' in all, thc i'anguage .d' 11 e et being " soo-j ' joc.t to *no iti?'f - : <:.'. pt'or?tf ff?*' Hy tl!e' -ixth .section of the original jic't tl c- ' g .vern- ; '"ments were mudd hy. " in all ? resp els, Puk ject to the pill ilia tu.: authority nf the ? ni . "ted States." Now, by this declaratory arl. it appears that i Congress did not, hythe original act, intend i to limit tho military authority to any particu- ' lars or subjects therein '. prescribed,". I.nt j 'meant to maleo il Universal. Thus, over all tbc*e,ton Stales this military govern mop t is now declared to have unlimited authority - j lt is no longer o?u?jned to the preserva I ion bf j the public pe.a??, tho udmi,n?.slraY?nn of erimi-1 Hal law, the regis!ration of voter*, mid tho j superintend int of tdeclihus, hut ." it is tisser- j t >d to bp pi ra moil tit tu thu existing civil gov j crntneiits. ITS, Kl'l V.CTS. II is impossible lo conceive any stalin of so- . ?i?ly more iutolural.lu limn this, and yet it is to this condition t hat twelve, millions ol' A roi/ ican citizens are reduced hythe Cnn gross of thc United States. Over pyery font of (ho immense territory occupied by fliese. Auieii iean citizens the Constitution of ti e United States is theoretically iii Tull operation. It binds all the people there, and should protect thenr. yet. they are denied everyone ol' its sa sarved OlllirniltocS. Of whlit aV :'tl W ll it b< to iny Olio'of th.OSO ? Sou hern p?"?ple, y/lnyi soi.-.ed by a lile i f sol diors. tn ns';: fo . t,bc cause ol' ari-' -t. off fer the productiop o the warrant'.' O. what avail! to : s!> for the pri\ deg" of b .il weeli in milita- . .ry custody, w'bioli kuotyH IPI ru di thing as . bni!/ Of whal avail to demand a l-rbij hy,j my. | process for witne.-ses. a copy of the indict ? mont, tiie privilege, the writ of hubcaa coy pwt. ? ? . . - The veto of tho original act' of the 2d ol' March was based on two distinct grounds-i thc interference, of Congress in matters strict? l\' ?ppo.rtaiiiiiur to tho reserved powi rs of tho Stlitoj?, ?ind the establishment of military tri bunals, for tho trial of .citizens in times ol' pence. The ?inpartial reader of that message will understand' that all it. contains with re ppeot to military despotism and martial law bas reference especially to the. fearful poWOf conferred on the District Commandera to dis place thc criminal, courts nut) assume juris diction b> try tun) to .punish by military boards; ?lint potentially, the suspension of Jinfirtm rroy>u< was martial law and illili! a ry j despotism. Tho net now before mo. liol only .declares that the intent was to confer such mil itary authority, but also to confer unlimited military .authority over all thc other courts of thc States, and over "all tho offices of tho State -legislative, executive and judicial. Not content with the general grant of pow cr, Congress, in tho second section of tb is bill, specially gives to each Military Commnnder the power ".to suspend or remove froril ollioo, .or from'the performance of official duties mid tho oxcroiso of official powers, nny-officor or .pbftori holding or cxcrotsbig, or professing to .jhold abd oxofcLne, spy civil1 ot militury* office pr .duty iii stich district, pndcr any power, ejc?'tj^i,'nftpointod by or olalmod undor any '^parlod.Stato'or tho government thorcof, or ?tif mii'tli?ipal or oilier divisions thereof."' ' A power that hitborto nil ibo 'departments cf tho Federal Governniont, acting in concert or separately, have not dared to exorcise, is hero attempted to be conferred on o snhprdi lute military officer. To bim, as a military officer of tlie Federal (jovcriiment, is given the power, supported by 44 a sufficient milita ry force," to remove every civil officer of thc State. What next? The division comman der v. iio luis thus deposed a civil officer is to lill tho vacancy by tho detail of ntl officer or soldier of thc army, or by the appointment of " some other person." ?. -!. M11, tt A It Y A ITO IN T E E S. This military appointee, whether un officer n soldier, or " some other person," is to per-, i form thc duties of such officer or person so suspended or removed. In other words, an : officer or soldier of the tinny is tims transform ed into a civil officer. Ho may he made a ! governor, a legislator, or ti judge. However j unfit he tiny deem himself for such civil du I tics, he must obey thu order. The iiffioer of tho ur my must, if 44 detailed," go upon the Supreme Hench of thc State, with the sallie I prompt, obedience as if he were detailed togo, j upon .1 court-martial. The soldier, if detail ? cd to a? ; as a justice of thc peace, must obey as quickly ns if he w?ro detailed for picket \ duty. What-is, the character of such a Illili!nr\*. civil officer? This bill declares that he shall perform tho duties of the civil ellice to which ho is detailed. It is clear, however that he does not loso his position in the military set vice. Ile ?8 Still an officer or soldier ol* the army ; he is still subject to the rules and rog ul it'otis which govern it. and must yield due deference, respect and obedicne.0 towards his superiors. Tho dear intent, of this section is. that thu officer ur soldier detailed to lill a civil office must execute his duties according to the laws of tho Stales. If he is appointed a (?overnor of a State, hu is to execute the duties as provided by the laws of that Stale, and for the time being his military olftifiictor is In be suspended in his new ci v ii capac ity. If he is appointed a Slate Troi surer ho. must, at once assume the custody and disbursement of the funds of the State, and must perform these duties precise ly according to tho laws of the State: for he ?s entrusted with no other official duty or oth er official power. Holding tho office of t. -ns ttrer and entrusted w ith funds, it happens that he is required by the Slate- laws to enter into bond with security, and to take nu o-nh of nf lice, yet from tho .beginning of the bill to thu o?i,oiii'ce,c' In v.v. iV!}Hiy.i^r i^x?^?.^:,^ (JUired under the State law, snell as residence, citizenship, or anything else. The only oath is that provided for in the ninth section, by rho terms of which every one detailed is " to lah?; and subscribe the bath of office prescribed . by ! w l'or officers of the United Slates." Thus au officer of tim. United State?, de i t. i ! yd to lill a civil office in one of these I Suifs, gives no official bond and takes lill of- | lieut! oath for the perlbfttia iee ol' his new du- : lies as a civil officer ol' the Stale-only take's \ the same oath which he bad already taken as ! a military officer of tho'United Slates. liol is, at lenxt, a military officer performing civil ? duties, ami the authority under which ho nets is K?dern! authority only ; and the inevitable result is that Federal tloverniuo.nt, by the. agency of its own sworn officers, in effect as sumes the civil government of the States. ooNTitA mer JONS IN THE m I.E. . A singular conti .'.diction is apparent here. Congress declares these local State govern ments, and then, provides that these illegal gu\ern?.cols shall be carrie 1 on by Federal officers, who am to perform the very duties imposed on ?tsown officers by ibis illegal State authority, lt. certainly Would be a novel spectacle if Congress should attempt to carry on a legal State government hy the agency ol' its own Officers, It is .jet more strange that Congress attempts to sustain and carry on au illegal St ito government by the same Federal i gooey. In lids connection T must edi attention ti ; the loth and i Ith sections of the bill, which j provide that none, of (he (dVmcrs cn^app.ni nf ces of these Military Commanders "shall he j bound in his action by n hy opinion of .tiny civ- ? il officer of the United States," and that ! all the provisions ol' the act ""sjniill bo construed literally, to ihe end thal all the in- ; tents thereof may bo fully and perfectly ear-! ried out." It seems Congress supposed that this bill initrht require eonstruotioti, tl lid .th ey fix, there fore, the rule, to he, applied. Ihii where is tho construction to ..come from ? Certainly no one can lid more in .want of instruction than a soldier or an officer of the tinny detailed for .i civil service with tho duties of which, poy hnps most important in u State, he is altogeth er unfamiliar This bill says ho shall not be bound in his notion hy tho opinion of any civil officer of the United States. The duties of the office* tire altogether civil ; but when he asks for an opinion he cnn only ask the opinion of anoth er military officer, who, perhaps, understands as little of his duties ns he. does himself} and ns t.) his u lietion/' ho is nnswerablo to the. military authority, nod to the military Author ity iffiuio. PJtrictly, no opinion of nny civil officer, other than a judgo, has a binding force. But these" military Appointees would not bo bound even by a judicial opinion. They .might very well say, even when their action l's iii conflict with tho Supremo Court of tho. United States '' thnt court is composed of civ il officers of tho United Stntcs, and wo are not bound lo eonfortn our notion to any opinion of any such authority." STATES OH NOT STATES. This bill and tl(e nets to which' ?t is supple mentary are nil founded upon the assumption that thb ton communities aro not States, and thnt their oxisting governments aro not legal. Throughout tho legislation upon this subject they are called " rebel States," (ind in this particular bill they aro denominated " so-cnlled Slates." and |ho voice of illegality is deelared to pervade all of them. The ol I i gil ti otts ol' consistency bind tho legislative bod)' ns well as the individuals who compose it. lt is now too late to say that these ten political communities atc not States, of this Union. Deel a rations to the contrary, made in these three nets, ure contradicted nguiu and ?gain by tb*? f<-pt-(it<-?l nct.i of !. uiflntioil cmu-tcd I'V Congress from the yon r i 80.1 to the year lS?w. Duritig that period whilst those States were in nativo rebellion, nm! tiller that rebellion was brought to a close they h ive been again anil again recognized as Slates of tho Union, Representation ha i been apportioned to them as States. They h ave been divid? d into jil diebil districts for the holding of District ?nd Circuit Courts ol' ll?' Coiled States. ?s States, of the Union only eau be. distributed. The last ret on this subject was passed Ju ly *-vJ, 18(i0. by which every one of these too' States was ur rn ll ged into dist rids ami circuits. ''They have, been called upon by Congress to act .through theil'legislatures Upon al least two amendments to the Constitution of the Uni ted States. As Stales tiny have ratified one amendment, which required the vole of twe-o ty seven St iles of thc thirty-six then compos ing I he Union. W hen the requisite twenty-seven votos were given itt favor nf that amendment-scv en of which votes were given by seven of "these len States-it was iiroeliiimod (o be a n part of the Constitution of the United. Stales, and slavery was deelared not longer to exist, in the United States or tUiy place Subject lo their jurisdiction. D' these seven States were not legal Stales of the Union, it lbj lows as tho i rte vi ta bte consequence that in Miine of the States slavery yet exists lt does not exist in these seven Stati s, for they have abolished it iil.-o iii their own State Constitu tions ; but Kentucky, not having done so, it would still remain in that. Stale. lint, in truth, if. this'tisstlliiptiou Coil these Slates h ive no Jogiil Stitte govcruuu nts I e true, Iben the abolition of shivery by (hr-,, ilh^-.? g(,v ertiineiits binds no one, for Congress now de nies to these States lite power to abolish shiv ery by denying to them thc UpWOr to elect a legal State L?gislature, or to frame a consti tution for tiny purpose, oven for such a pur pose, ns the abolition of slavery. As to the other constitutional amer***'"'''' leaving rebn,:.,:r ?:;^?.--.,- frt^,, seq uenoo is thai, it has never been proclaimed orundertsood, even hv Congress, to bea part of tho Constitution of the United States. The Senate of the United Slates has repeatedly giy en its sanction to the appointment of judges, district attorneys and marshals for every' Ono of these States, and yet, if tin y ?re not legal States, not one of these jrtdgOS is nnthoi b/.cd tn bold a court. So, loo, both Houses of Congress has passed appropriai ion bills to pny all I h< se jluigi 8, attorneys, und oilicers, of thc United States for exorcising their functions in these Slates. Again, in the machinery of the internal revenue laws, nil of tifoso States uro districted notas "Territories," hut us '? Status." puRTincn RECOGNITION*. So much for tho continuous legislativo rec ognition. The instance's cited, however, f di fur short of what might ho counter-iff-d. Kxeeutive recognition; ns is well known; hus been frequent und unwavering. The same may he said as to judicial' rooo'/nilion, through the Supremo Court of thc United States. That august tribunal, from first to hist, in the administration of it* duties i? finar ni d up ni the oircttit, bas never failed to recognize these ten communities ?s Iceni Slates of the Union. The eases depending in that court upon appeal mid wtit of error from these States, when the rebellion began, havo not been dismissed upon any idea Vd the cessation of jurisdiction. They were ea rc ful ly continued from teni to term until the re b 'Ilion .was cutir? ly subdued : nd penc? re-ic tablished. and they were called for argument timi consideration, ns if no insurrection had intervened. New eases, occurring since ibo rebellion, have come from these States before thal court by writ of error and appeal, ?nd even by original suit, where only 11 State fun bring such n suit. These cases ure entertain ed by that tribunal in the exercise of its ac knowledged jurisdiction, which could not at tach to thom if they bud come from ?ny pol itienl hotly other thnn a State of tho Union Finally, in tho allotment of their circuits, fundo by the judges at thc December term, 18(5;"), every one of these Stntos is put on thc sanie footing of legality* with nil the otllOl States of ibo Union. Virginia and Nord Carolina, being 11 p u t of the font th circuit, tire ullotlod to the Chief Justice. South Car olinn Georgia Alabama, Mississippi and Flori da, constitute the fifth circuit, and was allot ted to the lute .Mr. Justice Wnyne. Louisi ana, Arkansas und Texas ?re alloted tit thc sixth judicial Circuit, ns to which there is ii vacancy on the bench. Thc Chief Justice, in tho exercise of bi? circuit duties, has recently held a Circujl Court in the Stnte of North Carolina, ll North Carolina is n?t.'ft Stnte of this Union, tnt Chief Just iee bus no Authority to hold ti coori thcro, and overy order, judgment and d?cret rendered by bim in'that oourt was carom not jud icc, and void. . TITLES nv CONQUEST. Another ground on which those Tteoon sfrnetion nets tiro attempted to bo . sustninet is this : That theso ten States ure conquere? territory; that tho constitutional rolntion ji whiob they stood ns States towards tho Fedora Government prior to the 'rebellion has givot place toa new relation ; that thin territory i a conquered country, and their ?itizens h eon quered people ; mu. thnt, in this now Eolation Congress dan govern thom by militat'y power A titloby eon<0t$8t standsoo^olenr ground It is ? riQ\Y title acquired hy war. lt npplies only uVt&rJt'nry ; for goods or moveable tilings egulurly'captured in war are (Nilled "booty/' . il' tnkfyt by individual snldicis, " plunder." 'There is not a foot ol' land in any of these lon States, which thu I'nite'd States bolds by eonqucsl'^iye only such land na did not bo long to eUher of these States or to any indi vidual owner,- .1 nienp such lands ns did bo long to- js?', 4-?nmd?'d-i'??m?nifc' called tho. t\)nf?(1eiS^:.^-.vV>?crt. These lands wo may claim t?^i?fd by conquest. As to all other land'or mftkory, whether belonging to States or to ind?v*. "linds, tho Federal Government has now no mere title or right to it thou it had be fore tho wpelh'on. Over our former aresonajs. navy yal'd. cu-toin-hiuisrs, and other Federal prop' rt y situate in these States, we now bold, not by hbo title of conquest, but by our old title, aefjaiired by purchase or condemnation for pubho use with coiYipensution to former owners..;. We have not conquered these pla ces, bujji? I?-'vo simply "repossessed" them. If wc inquire more sites for forts, custom houses Arv public use, we must acquire the ti tle to then) hy purchase or appropriation in t he regijlar mo,lo. At tita moment the United States, in the acquisitum of sites for national cemeteries in tlios? Slates, acquires title in the same way. Tho Foj$!:val Courts sit in courthouses owned or If?iPfjd hy the United Slates, not in thc courtliest1* of the States. The United States pays Swill of t l?ese States for tho use of its jails, t'hinully. the United States levies its direct,' fejres and its internal revenue upon the pro perl}? in those States including thc - pro duetiom: of theb.iVds within their territorial iiioitS'rtWbot hy way of levy and contrihntion in tho.]hihiiraoter of a conquerer, hut in the ri'gulh'mV'iiy of taxation',*"linder tho same laws which Ripply to all the other ..'tates of the Union,. V-ram first to hist, during the rebellion and I sinceJBio title ot' each.of these States to the la?dsjSBAtl publie buildings owned by them hus never.?peen. dist iirhed, and not ii foot of it bas ever uden acquired hy the United States even undera n,'? I'.V couliseation, und not a foot of it liniyvcr been taxed under Federal law. tt?IK P K K SI ll K N TIA I? PH lill 0(1 AT I VF. Tn' ?melusio.n I must respectfully nsk thc eltcnajm of .'Congress (.> flu- consideration of ' J-wV- VjVjestion arising under'this i.ill. Il o'ftfy-Vjv'- lW' ,-W\i-?:y ..CotunuuuU'rs^. sujijoct army of the Doited States, an ililli nitod pow er to rou.ove from office any civil br military oilieer in each of these ten Slates, and the furl her power, subject to the same approval, to detail or appoint any military officer or sol dier of the United Slates to perform tho dil ti 04 of tiie riflieer sn removed, ?iud to fill all vacancies occasioned in tllOSO Stoles by death, resignation, or otherwise. Tho Ipllibiry appointee thu? required to perform the duties of n civil ofTicc aecoiding lu the laws of the Stute, and as such required to t ike an oath, is, for the time being, a civil oilier. What is. his character ? la lien civ il of ll cor of (ho State or a civil oilieer ol' the Uuil'c.d States'/ If he is a ci vii oilieer of the State, where is the Federal power, under our constitution, which authorizes bis appointment by any Federal ofiieer ? If, however, he is (o .bo cutnidered a civil officer of thc United Stales, as bis appointment, und oath would seem to indicate, where is the authority for his appointment vested by the constitution ? The power of appointment of al) officers! f the Uni ted'States, ci vii or military, where not provided for in the constitution, H vested in thu Presi dent by and with tho advice and consent of thc Senate, willi this exception : that Con gress may I13* law vest tho appointment of such infeiior officer.! ns they think proper in the President alone, in the courts ot law, or in heads of departments. Dut this bill, if these meto bo considered inferior officers within tho moaning of tho constitution, does not pro vide for their appointment by the President alone, or the courts of law, or by the beads of departments, but vests the appointment in one Subordinate executive officer, subject to the approval of another subordinate executive oilieer. So that if wO;pnfi (his question and fix the character of tlx. military appointee either Why, thin provision of the bill is equal ly opposed to. the constitution. Take the caseof a soldier or officer appoin ted to perform the ollie" of judge in one of theso States, and as snob to administer the proper laws of the State1. Where is the au thority to be found in tho constitution for vesting in a military or an executive oilieer strict judiuiid function's to be exercised under State btw? lt has been again nud again do ubled by tho- Supreme Court of the United States that nets of Congress which have at tempted to vest executive powers in the judi cial coulls, or judges of tho United States, are not warranted by the constitution. If ('(ingress cannot clothe a judge with m01'obj} OxeOUtlvn duties, bow cnn they clothe an oilieer or stddier of the anny with judicial duties Over citizens of the United States Who are not in the military or naval service? So, too. it has benn repeatedly decided that Con gress Oan not require a State officer, executive I or judicial, to perform any duty enjoined '?pon bim by U law of the United States, How, then, can Congress eonfor pos\cu' Upon an ex ccUtivo officer of t'?n United States to perform finch duties. Tn ll State ? If Congress could not vest in. a ?litig? of one of theso Skates any judicial rinthority under tho United States, by direct enactment, how can it accomplish tho sumo thing indirectly, by removing tho Sffito Judge lind putting un officer of tho Uni ted Stytes tn his placo r / To .mo thoso considerations aro conclusivo of tho unconstitutionality of this part rf tho .bill now boforo b.10, and I oarnost'y conimond tb'-ir consideration m the dcliborato judgment of Congress. .Within ,a period loss than a yoav tb^-mgis lation of Congress hus attempted to strip tho Kxecutivc Department of the govern m ont of some of its ossentinl powers. The constitu tion ?iud the until provided in it devolve upon tho President the power mid thc duty to see that the I?ws uro faithfully executed. Tho constitution, in order to carry out this power, gives him tho choice of tho agents, and makes thom subject, to his control and supervision. Hut in tho oxccuti'oii of these lavs tho consti tu? ioiril obligation upon the President^etnains, but tho power to exercise that constitutional duty is effectually taken away. The Military Commander is, as to thc pow er of appointment, made to take the place of the President, and thc General of thc army the place of tho Senate, ?nd any attempt oil the past, of tho President to assert his own I constitutional power may, under pretence of law, he met hy official insubordination, lt is to bc feared that these military olliccrs^ look ing lo thc authority given by these laws, rath er than to tho letter of the constitution, will recognize no authority hut thc commander of the dist riet ?ind the General of the army. If there were, no other objection than this to this proposed legislation, it would he sufii ei?tit.. Whilst 1 hold the chief executive au thority of thc United States, whilst the obli gation rests upon me to see that all ?' o laws are faithfully executed, 1 can never willingly surrender that trust, or thc powers given foi its execution. 1 can never give my assent to be mode re sponsible lor the faithful execution of law.? and nt the same time surrender that trust ami the powers which accompany it to any othei executive officer, high or low, or to any num ber of executive officers. THE WRONG AND THE REMEDY,' Tf this executive trust, vested hy tho con stitution in the President is lo ho taken from him mid vested in a subordinate o (hoer, the m pousihiiriy will he with Congress in clothing thc. subordinate with unconstitutional power, and with the officer who assumes its exercise. This interference with tho constitutional au thority of the Executive Department is mi evil that will inevitably sap the foundations of our Federal system ; but it is not tho worst evil of this legislation. It is a great public wrong to take from the President powers con ferred upon him alone by the'constitution, bul tho wrong is moro flagrant and moro (hinger ous when the powers so taken from the Pres five officers, ntid ?spooiMIy Upon mimar) officers. Over nearly one ?biro* of flic States of the Union military .power, regulated hy nc fixed law, rules supreme. Each one of these five District Command ers, though not chosen by the people or re sponsible to them, exercise at this hotir mort executive power, military and civil, than lh( people havo ever been willing to confer upon the bead ot' the l?xoculiv? Department though chosen by and responsible to themselves. Thc remedy must come fruin the people them selves. They know what it IS, and how it h to he appin d. At tho present time they emt not, Recording lo tho const!lotion, repeal these law* ; they cannot remove or centro this military despotism. The remedy, never tunicas, is in their hands ; it is to he found fr the ballot , and is a sure ojjp, if not controller by fraud, overawed hy arbitrary power, oi from apathy on their part too long delayed - With abiding confidence in their patriotism wisdom mid intensity, 1 nm sf?!! Hopeful o the future, and that in the end the rod (d'des pot ism will bo broken, the armed rule of pow er be lifted fi om the necks of the people, am tho principles of a violated constitution pre served. ANDREW JOHNSON. The Confederate Bead-. Wc have received tho following communi cation from Prof. W. V. Roe, of Ivlinira, Nev York. Those of our readers who hnve rein lives or friends that died nt Elmira, by .iul dressing Prof. Roe, will probably be able t ascertain what disposition was made of ihei bodies. The euro that is being bestowed 01 tho ashes of our dead," is more calcul a lc? to bring about an era of good feeling and gen niue reconstruction than all that Congress !.. done since the termination or tho war. 1 behalf of our pcopto, we hereby thank th oitizonsof Elmira, for tin ir kindness and ccu sidorntion, and our correspondent for inforn 'tug us of tho facts t " When tho prisoners of war were sent t Elmira, the United States bought nu uiioeet pied corner of Wood-Li wn Cemetery, i?i tli suburbs of that city, for gnveriimcttt** use. On that ground, apiti, repose Heather t'. war-wrecked sons of the South who died tho Elmira Prison Camp. Out of 12.0C prisoners, in all, sent to tlr^t placo, from tin to time, during one yo>tfj from three to foi thousand of tho bright rfnd bravo perished. Tho spot hallowed hy their graveo t's. hen tifnlly environ .id. The.circling hills close i n varied and Unique landscape, mid ourtaiu with reposo. A littlo stream, mostly mu muring gently, marks off their,pince " u'jd thc fjh?do of tho trees beyond." But nt tim it is wild and threatens ruinous- and. (leanor ting violence ; yet nt'mid stunner it is oft? dry. This has lately been deepened ?ir plunked, on botVtoUl and sides, to fix and clo' its course. The Government ts having tb portion of Wood-En wu surrounded by ntl iro railing, and will soon replaeo tho neat \v frail bead-hoards with ot he? s of galvaniz< iron, bearing in full the namo and desoripth of each of tho dead. . Hero und there on tho ?round, stand on and pino, of forest, growm, spreading wid tho blessing of Niltur*. Olficial orfo h planted other trees. Kind bauds havo p vatcly added still moro, mingling evergree nnd weeping-willows with tho maple, and pin tjng, now upon ono grave and now upon a othor, some memorial flower." * . V. '. The Veto Message. Tbc " New York Times," in its comments on thc President's volo message, anyS : The combat i veness of thc President might bc considered amusing, if thc interests affect' ' ed by bis championship ttet'fl not vital in their character. If it were merely a display of dia lectics, or a trial-of relative degrees of tenaci ty, or a contest to determine whether thc Pres ident of Congress could usc ibo sharpest words, tho country might look on with silblimc in difference. Whether Congress disposed of Mr. Johnson, or Mr.Johnson bulbed Con gress into polite behavior, would bc an issue calculated to keep alive curiosity,* if nothing else. Wc could afford to watch and wait, confident that, even on that ground. Congress would come off best, but meanwhile applaud ing thc pl.u?k of its indomitable adversary. Unfortunately, more is nt stake thai) tho prowess of thc President or thc power of Con gress. Though Mr. Johnson wages battle in his own name, thc people of ton States aro thc victims of bis rashness. Whatever pleas ure bo may derive from the maintenance of a tone of defiance, on their heads thc storm bo provokes must eventually fall. In this rc ! spect thc South bas li?'!, and to this hour lins, no worse enemy than the President, who nev er loses a chance of quarreling iu its behalf.' At one moment, inspiring them with fslso hopes, at another, ho is the means of infliet .ing upon (beni tiic deepest humiliation. But for Mr, .Johnson, ttie South bad not been de ceived into thc rejection of the constitutional amendment, But for bim, there lind becu . no occasion for an extra session, or thc legis lation which forma tlie subject of his latest veto. In its matter, thc message wc print this morning is a repetition of a thricc-told'talc. It is n thread bare argument against thc poli cy of Congress in regard to reconstruction. Thc assumption underlying thc whole, that the existing State organizations are illegal tho anomalies und iiiconsistqneio of legisla tion during and since the war--tbe unconsti I tutiouality of investing military officers with supreme, authority, and of {-tripping tho Ex ecutive of functions .with which it was spe cifically endowed-and lastly, tho harshness of tho despotism temporarily established over tho Southern people; these are thc pointa successively presented, ns they have heon again and again, from thc same sourco, within this ?, Ol' WlUjf uso is u to appear jiuutjy - step to a Constitution winch bas no binding force or efficacy in thc exigency which Con gress is required to 111001? What cnn possi bly bo gained by a reiteration of an argument which circumstances growing out of the re bellion render inapplicable, or by appeals which thc vountry lins pronounced innduiissi : bin.? Al H.rft?, unquestionably, thc nrgnmont. j looked, strong ; assuming its premises to bo correct, its conclusions appeared logical and just. Now, that its novelty bas gone, how ever, thc effort is no longer worth the making. As an argument, it is untenable - niado so in part by the President's own acts. Asan ex pression of hostility to Congress, it has proved j, ineffectual, and now fails to command either ? attention or respect from tho country. ! ?nRK?T von Br ST It.LlNG.-Capt. Frank I Ai nim was recently arrested itt Hamburg, S. j C., and brought before. Janies Birnie, Esq.. j United States Commissioner nt this place; on a charge of violation of tho Internal Revonuo Laws in distilling spirituous liquors without a. license nt a'Vinegar Pistilleoy near Hamburg... After a preliminary examination before tho Co II missioner, an enhr was issued requiring thc Defendant (Arnim) to give bond, with j good sureties, for bis appearance at tho next Term of the U. S District Court, to bo bold in Greenville. Ile was unable to \\o so, anet was commit ted to Jail to nwnp, bis trial. Messrs. Crump & Davison, o'] the houso of Crump. Davison ivCo., of August?. Ga., were, also arrested on the panie warrant, and carried before thc Co?>niissi'_,r,cv Bt Augusta, when they gave bond foi* their nppenvauco at the eame tenn of the Court, j [Gwen ville Mountaineer. Pl',orOss\.;I) I)(?{POSITION TO BE MADE O? T11K PKAIKH; v 1't.NH ~A teachers' conven tion, f jv tho State of Virginia, was in session at Vjyncl ourg last week. Tho session was f vovy in teresting ono. llcv. Dr, Scars, Gon I