Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1867-07-24
WASHINGTON, July l

N0JeJ:
Ireturn herewith the bill entitled " An
act supplementary to an act entitled an act
to provide for the more efficient government
| of the rebel States" passed on the I'd day OF
March, 1867, and the act supplementary
| thereto, passed on the Odd day of March,
1867, and will state as briefly as possible some
of the reasons which prevent me from giving
it my approval.
| This is one of series of measures passed
by Congress during the last four months on
| the subject of reconstruction. The message
returning the act of the I'd of March last
states at length my objections to the passage
| to the measure now before me, and L am con-
tent merely to refer to them and to reiterate
my convictions that they are sound and I'M
avoidable. There are some points peculiar
to this bill which l 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 on this subject. 1t is
declared that the intent of those acts, was,
first-that the existing Governments in the
ten rebel States were not legal State Govern
mcnts, and, secondhand thereafter said
Governments to be continued were to be con-
tinued subject in all respects to the Military
Commanders of the respective districts and to
| the paramount authority of Congress.
| Congress may, by declaratory act, fix
upon prior act a construction altogether at
variance with it's apparent meaning, and from
the time at least when such construction Is
fixed, the original act will be considered to
mean exactly what it is stated to mean by
! the declaratory statute. There viii be, then
from the time this bill may become a law, no
doubt, no question, as to the relation in
which the existing Governments in those
States, called in the original act the Provis-
ional Governments, stand toward the United
States As those relations stood before the
declaratory act, these Governments, it is
true, were made subject to absolute military
authority in many important respects, but
not in all, the language of the act being sub
ject to the military authority of the United
States. As hereinafter prescribed by the
sixth section of the original act, these Gov
ernments were made in all respects subject
to the paramount authority of the United
States.
Now, by this declaratory 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 to make it universal thus over
all 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 the
criminal laws, the registration of voters and
| the superintendent of elections, but in all
respects it is asserted to be paramount to the
existing civil governments. 1t is impossible
| to conceive any state of society more intoler-
able than this, and yet it is to this condition
that twelve millions of American citizens are
reduced by the Congress of the United States.
! Over every foot of the immense territory oc-
cupied by these American citizens the Con
stitution of the United States theoretically is
in full operation. 1t binds all the people
there, and should protect them, yet they are
! denied every one of its sacred guarantees. OF
what avail will it be to any one of these
Southern people, when seized by file of sol
diers, to ask for the cause of arrest for
the production of the warrants? OF what
avail to ask for the privilege Of bail when in
military custody, which knows no such thing
as bail? OF what avail to demand trial by
jury, process for witnesses, copy of the in
dictment and the privilege of counsel, and
that greater privilege. the writ of habeas
corpus?
The veto of the original bill of the I'd of
March based on two distinct grounds
the interference Of Congress in matters strict
| ly appsrtaining to the recognized powers OF
the States. and the establishment of military
tribunals for the trial of citizens in time of
peace. The impartial reader OF that message
will understand that all it contains with res
pect to military despotism and martial law
has reference expressly to the fearful power
conferred on the District Commanders to dis
place the Criminal Courts and assume iuris-
diction to try and punish by military boards
that potentially the suspension of the habeas
corpus was martial law and military despo-
tsm. The act now before me not only de
clares that the intent was to confer such mil
itary authority, but also u confer unlimited
1 authority all the othpr # rho
States and over all the officers of the State,
| Legislative, Exc cutive and Judicial
| Not content with the general grant OF
power, Congress. in the second section of this
bill specifically gives to each military com
mander the power to suspend or remove from
office, or from the performance of official
duties and the exercise of official powers, any
officer or person holding or exercising, or
protesting to hold or exercise, any civil or
military Office or duty in such district under
any power, elective appointment or authori-
ty derived from or granted by or claimed I'M
der any so-called State or the government
thereof, or any municipal or other divisions
thereof power that hitherto all the depart
ments of the Federal Government, acting in
concert or separately have not dared to exer-
cise-is here attempted to be conferred on a
subordinate military officer. To him as a
military officer of the Federal Government il
given the power, supported by sufficient
military force, to remove every civil officer OF
the United States. What next? The Dis
trict Commander who has thus displaced the
civil officers is authorized to fill the vacancy
by the detail of an officer a soldier of the
army, or by the appointment of some other
person. This military appointee, whether an
officer or soldier, or some other person. Is to
perform the duties of such officer or person
so suspended removed. In other words
an officer or soldier of the army is transform
ed into civil officer. He may be a Govern
or, legislator, or a Judge. However unfit
he may deem himself for such civil duties he
must obey the order. The officer of the army
must, if detailed go upon the Supreme bench
of the State with the same prompt obedience
as if he were detailed to go upon a Court
Martial. The soldier, if detailed to act as a
Justice of the Peace, must obey as quickly as
if he were detailed for picket duty What
is the character of such a military civil of
ficer? This bill declares that he shall per
form the duties of the civil office to which he
is detailed. 1t is clear, however, that he
does not lose his position in the military ser
vice he is still officer or soldier of the
army he is still subject to the rules and reg
ulations which govern it, and must Weld due
Difference, respect and obedience toward his
superiors. The clear intent of the section il
that the officer or soldier detailed to Fill 9
civil Office must execute its duties according
to the laws of the State. If he is appointed
a Governor of 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 State Treasurer he must
at once assume the custody and disbursement
of the funds of the Sta tie and must perform
those duties precisely according to the laws
of the State, for he is intrusted with no other