Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-04-02

'o" N't'' accompanied oy the following mes
sage, giving his reasons for not signing it
To the House Of Representatives:
| have considered the bill entitled Gan act
supplementary to an act entitled ian act to
provide for the more efficient government of
the rebel States passed Marcel I'd. 1867. and
to facilitate restoration" and now return it to
the House of Representative, with nv OBJ.
jections.
This bill provides for elections in the ten
states brought under the operation of the
original act to which it is supplementary. It's
details are principally directed to the elec>
tlons Tor the formation of the State Consti-
tutions; but by the sixth section of the bill
All election" IN these States, occurring while
the original act remains in force are brouoht
within its purview. Referring to the details
1t Will be found that, first of all, there is to be
registration of the voters. No one whose
name has not been admitted on the list is to
De aIIoWed to vote at any of these elections
10 ascertain who is entitled to REGISTRATION
reference is made necessary, by the express
language of the supplement, to the original
act and to the pending bill. The fifth sec
tion of the original act provides, as to voters.
that they shall be ''male citizens of the State
twenty>one years old and upward, of what,
ever race, color, or previous condition, who
have been residents Of said State for one year
ms Is the general qualification followed.
however, by many exceptions. No one can
De registered, according to the original act.
who may be DISTINGUISHED for participation
IN the rebellion" provision which left nm
determined the question as to What amounted
to acknowledgements, and whether. without a
judicial sentence, the act itself produced that
enecf This supplemental bill superadds an
oath, to be taken by every person before his
name can be admitted upon the registration.
that he has mot been dislranchised for mar.
ticIration i'll any rebellion or civil war against
the United States" 1t thus imposes upon
every person the necessity and responsibili>
ty OF deciding for himself, under the peril Of
punishment by military commission, if he
makes mistake, what works dislranchisc
mcnt by participation i'll rebellion, and what
amounts to such participation. Almost every
man-the negro as well as the white-above
twenty-onc years of age. who was resident in
these ten States during the rebellion. yolun-
tariiy or lnYoluntarIly, at some time and in
some way did participate in resistance to the
lawful authority Of the General Govern
ment.
The question with the citizen to whom this
oath Is 10 be proposed must lie fearful one
lor while the bill does not declare that periu>
ry may be assigned for such false swearing.
nor fix any penalty for the offence. we must
not forget that martial law prevails, that every
person is answerabc to Il military commission.
without previous prescntment by a grand Jury
Tor any charge that may be made against him;
and that the supreme authority of the mill
tary commander determines the question as
to what is offence, and what is to be the
measure of punishment.
The fourth section Of the bill provides
''that the commanding general of each dis
trict shall appoint as many boards of regis
tratlon as may be necessary, consisting of
three loyal officers or persons" Tie only
qualification stated for these officers is that
they must be "loyal." They may he persons
IN the military service or civilians. residents
OF the State or strangers Yet these persons
are to exercise most important duties. and are
vested with unlimited discretion. They are
to decide what names shall be placed upop
the register, and from their decision there is
to be no appeal. They are to supcrintend the
elections aud to decide all questions which
may arise. They are to have the custody of
the ballots, and to make return of the per
sons elected. Whatever frauds or errors they
may commit must pass without redress. All
that is lett for the commanding general is to
receive the returns Of the elections, open the
same, and ascertain who are chosen ''accord-
ing to the returns Of the officers who con-
ducted said elections" BY such means. and
with this sort of agency, are the conventions
Of delegates to be constituted
AS the delegates are to speak for the peo-
pie, common justice would seem to require
that they should have authority from the pco
pie themselves. No convention so copstitu
ted will in any sense represent the wishes of
the inhabitants of these States for. under
the all embracing exceptions of these laws. by
construction which the uncertainty of the
clauses as to distran nchisemcnt leaves open to
the board of officers. the great body of the
people may be excluded from the polls, and
from all opportunity of expressing their own
wishes, or voting Tor delegates who will faith
1uly reflect their sentiments.
do not deem it necessary further to in
vestigate the details of this bill No consid-
Grafton could induce me to give my approval
to such election law for any purpose. and
especially for the great purpose Of framing
the constitution of State If ever the
American citizen should be left to the free
exercise OF his own Judgment, it is when he
Is engaged in the work of forming the funda-
mental law under which he is to live. That
work is his work, and it cannot properly be
taken out Of his hands. All this legislation
proceeds upon the contrary assumption. that
the people of each of these States shall have
no constitution, except such as may be arbi-
trariy dictated by Congress, and formed un-
der the restraint of military rule A plain
statement OF facts makes this evident,
In all these States there are existing con-
st;;utIons formed in the accustomed way by
the people. Congress, however declares that
these constitutions not '.loyal and repub-
lican, and requires the people to form them
anew. What, then, in the opinion Of Con
gress, Is necessary to make the Constitution of
a State 'loyol and republican ?" The origi
nal act answers the question: 1t is universal
negro suffrage question which the Federal