The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-07-22
RATE OF SUBSCRIPTIONS.
RArEs OF ADVERTISING.
The sre.ident,s Message.

return herewith the bill entitled can
act supplementary to an act entitled an
act to provide for the more efficient
government of the rebel States, passed
on the 2d OF March, 1857" and the act
| supplementary thereto, passed on the
23d day of March, 1867, and will state
as briefly as possible some of the rea-
sons which prevent me from giving il
| my approval.
This is one of series of measures
passed by Congress during the last Iour
months on the subject of recOnstruc-
ton. The message returning the act of
| the I'd OF March last states at length my
objections to the passage of that bill.
They apply equally well to the bill now
before me, and am content merely TO
refer to them, and to reiterate my con-
viction that they are sound and unan-
swerable.
There are some points peculiar to
this bill which 1 will proceed AT once
TO consider. The first section purpOrts
| to declare the true intent and meaning
in some particulars of the two prior
acts. Upon this subject il is declared
that the intent of these acts was first,
that the existing governments in the
ten rebel States, were not legal State
governments, and that thereafter said
governments to be continued, were to
be continued subject in all respects to
the military commanders OF the re-
authority of Congress.
Congress may, by declaratory act,
hx upon prior aCt construction al
together at variance with its apparent
| meaning, and from the time uI least
when said construction is fixed, the
original act Will be construed and mean
exactly what it is stated to mean by
the declaratory statute. There will be
then from the time this bill may be-
come IL law, no doubt. no question:, as
to the relation in which the existing
governments iD those States, called in
the original act the provisional govern
ments, stand toward the United States,
as these relations stood before the de-
claratory act. Tcese governments, il
il is true, were made subject to Hbso-
lutte military authority in many
respects, but not i'll all, the language OF
the act being, subject to tue military
authority OF the United States, AS here
inafter prescribed" BY the sixth sec
tiOn of the original act, these govern
ments were made in all respects subject
to the paramount authority Of the Uni
ted States. Now Dy this declaraIory
act, it appears that Congress did not,
by the original act, intend TO limit the
military authority to any particulars
or subjects therein prescribed, but
meant 10 make ii universal.
Thus, over ali these ten States this
military government is now declared
to have unlimited authority. 1t is no
longer confined TO the preservation OF
the public peace, the administration OF
criminal laws, the registration OF vo-
ters, and the superlntendence OF cleo
tions; but in all respects is asserted to
be paramount to the existing civil gov
ernments.
1t is impossible to conceive any state
of society more intUlerab;e than this,
and vet il is to this condition that
4 Iuu 11fIliunq a pIIIZAnS
are reduced by the Congress OF the
United States. Over every foot OF the
Immense territory occupied by these
American citizens, the Constitution Of
the United States, theoretically, Is in
full operation.
II binds all the people there and
should protect them; yet they are de-
MED every one offs sacred guarantees.
or what avail will it be to any one OF
these Southern people, when seized by
II file OF soldiers, TO ask Tor the cause OF
arrest or the production OF the wHrrantT
or what avail TO ask for privilege OF
bail when in military custody, which
knows no such thing as bail? OF what
avail to demand trial by jury, process
| for witness, copy of the indict ment,
| the privilege of counsel, or that greater
privilege, the writ OF ha6eGS corpus?
The veto of the original bill OF I'd of
March was based on two distinct
grounds: the interference OF Congress in
duties strictly pertaining TO the re
served powers OF the States, and the es.
Ia blishment of military tribunals Tor
| the trial of citizens in time of peace.
! The impartial reader of that message
| will understand all it contnins with re-
spect 10 military despotism and martial
! Law, has reference especially to the pow
| er conferred on the district commanders
| to displace the criminal courts and as
sume Jurisdiction to try and punish by
military boards. Most potentially the
| suspension of hGbedS corpus WAS mar
tiAl law and military despotism. The
act now before me not only declares
that the intent was to confer such mil
itary authority, but TO confer unlimited
authority over all the other courts OF
the State and over all the officers of the
State Legislature, executive and judi
ciaI.
Not content with the general grant, Con-
Kress, in the second section of this bill,
| specifically gives TO each military COM
| mander power to suspend, or relieve
from office, or from the performance OF
official duties, and the exercise of OH
| cial powers, any officer or person hold
ing or protesting to hold or exercise
any civil or military Office in such dis
trict, under any power, election or ap'
pointment, derived frou,or granted by,
or claimed under, any so-called State,
| or the government thereof, or any mu-
nicipaI or other division thereof"
A power, hitherto, all the depart
ments of the federal government, act
ing in concert or separately, nave not
dared 10 exercise, is here attempted to
| be conferred on u subordinate military
officer. To him, as n military officer oi
the Federal Government, is given the
power, supported by sufficient militia
ry force 10 remove every civil officer oi
the United States.
| What neNt7 The district command
er who has thus displaced the civil Off.
GERS. is authorized to fill the vacancy by
the detail of an officer, or "a soldier oi
the army, or the appointment OF some
other person. This military officer
whether an officer or a soldier, is 10
perform the duties OF such officer, or
person SO superseded, or removed. In
other words, an officer or a soldier ol
| the army is transformed into IL civil
officer. He may be- made a governor, q
| NAV deem himself for rsuch civil duties
he must obey the order. The officer Il
detailed, must go on the supreme bench
of the State, with the same prompt ODE
dience as If detailed to act in a court
| martial. The soldier If detailed to acl
as a Justice of the Peace, must obey
as quickly as If detailed for picket
duty.
What is the character OF such military
and civil officers? This bill declare:
that he shall perform the duties of the
civil office to which he is detailed. II
is clear, however, that he does not lose
his position in n ilitary service. He is
still an officer or soldier. He Is still
subject TO the rules and regulations
which govern the army, and must yield
lua raSnart and ohndianra tOtDu 10 his