A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
What is the character of such a military civil officer? This bill
declares that he shall perform the duties of the civil office to which
he is detailed. It is clear, however, that he does not lose his position
in the military service. He is still an officer or soldier of the Army;
he is still subject to the rules and regulations which govern it, and
must yield due deference, respect, and obedience toward his superiors.
The clear intent of this section is that the officer or soldier
detailed to fill a civil office must execute its duties according to the
laws of the State. If he 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 new civil
capacity. If he is appointed a State treasurer, he must at once assume
the custody and disbursement of the funds of the State, and must perform
those duties precisely according to the laws of the State, for he is
intrusted with no other official duty or other official power. Holding
the office of treasurer and intrusted with funds, it happens 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 end there
is no provision for any bond or oath of office, or for any single
qualification required under the State law, such as residence,
citizenship, or anything else. The only oath is that provided for in the
ninth section, by the terms of which everyone detailed or appointed to
any civil office in the State is required "to take and to subscribe the
oath of office prescribed by law for officers of the 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 his new duties, but as a civil
officer of the State only takes the same oath which he had already taken
as a military officer of the United States. He is, at last, a military
officer performing civil duties, and the authority under which he acts
is Federal authority only; and the inevitable result is that the Federal
Government, by the agency of its own sworn officers, in effect assumes
the civil government of the State.
A singular contradiction is apparent here. Congress declares these local
State governments to be illegal governments, and then provides that
these illegal governments shall be carried on by Federal officers, who
are to perform the very duties imposed on its own officers by this
illegal State authority. It certainly would be a novel spectacle if
Congress should attempt to carry on a _legal_ State government by the
agency of its own officers. It is yet more strange that Congress
attempts to sustain and carry on an _illegal_ State government by the
same Federal agency.
Public-domain text, read in full here on John Shaqi.
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