Keowee courier. (Pickens Court House, S.C.) 1849-current, August 03, 1867, Image 1
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 - : <:.'<e!*v nf |?:e Coiled 1
Sta**- (** ''?!.":'.'?./? >. 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-<?lnvi>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 <ral Apont of tho Peabody Fund, wos presenl
twv.'i addressed the convont?on in 0 Very cri'tcr
I <aining spoccb. in thocourcc of which be?tu
ted bis intention in visiting tho South wai
for tho purpose of.thoroughly examining inti
the educational wants of thc country, with 1
view to decide bow tho causo v/onla bo bcsi
subserved in tlie distribution of tho Peabody
fund--wbetber in its appropriation to prima
ry or normal schools, or to academies and col
leges. This statement is of interest.tp nil.
Now that thc prospect of immediate stnrva
lion bas pa.'sed, wo can tbink of education*
matters.
QUKKK BA??O?OK.-Among the toilet arti
des willoh tho Sultan bas brought with hin
into the 'countries of the infidels is an immens
j tank of Nilo water. His higbnoss is forbid
! den to bathe, in any less sacred water. Th
I transportation of this tank from Kgypt to Pat
1 vs must bavo oost smico nly n ve y pret?y sur
of money. Another of the Sultan'siie?cfisr
rios is a kind of screen, which be uses nt m cab
It onables him to sec the other people nt tnbl
without being Feen himself Tradition id
reeta that profano eyes shall riot bo able t
note either tho npp titi Ct tho nbs^fnntfb (
tin Faithful-doubtless u'oouvenioft't rotuli
tion. . 7
.-- ?
Dn. lioi.MRS say? that ensy-orying'wjdov
take new husbands soonest ; thor's i's neilin
-like wot weather for transplanting.
I -,