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Richardson, James D. (James Daniel), 1843-1914

"Volume 6, part 2: Andrew Johnson"


Under the influence of party passion and sectional prejudice, other acts
have been passed not warranted by the Constitution. Congress has already
been made familiar with my views respecting the "tenure-of-office bill."
Experience has proved that its repeal is demanded by the best interests
of the country, and that while it remains in force the President can not
enjoin that rigid accountability of public officers so essential to an
honest and efficient execution of the laws. Its revocation would enable
the executive department to exercise the power of appointment and
removal in accordance with the original design of the Federal
Constitution.
The act of March 2, 1867, making appropriations for the support of the
Army for the year ending June 30, 1868, and for other purposes, contains
provisions which interfere with the President's constitutional functions
as Commander in Chief of the Army and deny to States of the Union
the right to protect themselves by means of their own militia. These
provisions should be at once annulled; for while the first might, in
times of great emergency, seriously embarrass the Executive in efforts
to employ and direct the common strength of the nation for its
protection and preservation, the other is contrary to the express
declaration of the Constitution that "a well-regulated militia being
necessary to the security of a free state, the right of the people to
keep and bear arms shall not be infringed.


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