New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-04
TIE TWO VETOES.
VETO or THE BILL TO PROVIDE MORE EFHiCIENT
GOVERNMENT FOR THE REBEL STATES.


To The House Of Representatives: / have examined
e hi TO provide FOR the more efficient government Ql
the Rebel sates S.m snH Calculated 10 aSken am
unable TO Give NJ my assent for reasons so grave th
M minds Of the patrioto and enlightened men with
whom the decision must ultimately resi-. e.o.- ,,o,,
named underline absolute domination Of military rules,
end,the preamble undertakes TO give the IeaSoS uPon
If declares that there exists IN those Golega gov
ernments, and adeQuiHe protection l0r NE Ol piVpS
good order within their limits is tins true as allep
Of fact Its not denied that the states IN question nave
each Of them actual government with an lhe p1WeSS
executive, judicial ana eSsatiye-Hmeh properly p
long to afree state IRey are oganzed A em i
and execute the laws which concern Their u9neol az
fairs An existing ge {ae2 os he Stote u5on ali
matters within its jurisdiction. 10 pIOnouhee tiie s
premo awmang power OF an estaT' Tbs pToSns
which these Governments have made forthe
ciple the same those which prevail in the North
tany have succeeded in preventing the commission
of ali crime, has this been accomplished where III
the world. There, aswell as esewere oenuels SOIL
times escape for want OF vigorous prosecution ana Occ
sOnaly perhaps BY the nefLclenGy OF courts or e PSH
dice of Jurors 1t is undoubtedly true tnaS w. WIZ
have been much increased and eXagseIel11, Nor ahu
south by the M al has
but that these people arc maintaining iQcsb Of All
government and render telr own Nv a ~, or,ct
Secure Is in itself utterly improbable ana the aNerent
0t be G s 60 come 1 70 my knowledge Hi the information
have on the subject convinces me that the masses OF e
coutbern neOpc and those who control their puDc uct,
while they entertain diverse opinions on qiestiohs Oh
federal policy completely united IN Tue ei0Tt 20 c
oreonze their society the basis OF peace ana 10 re-
store their mutual prosperity as rapidly ana dS CON-
pleely as their circumstances Will permit 1te p, ny
aver would seem to show upon Its face that the estaD
shnent of peace and good order not lts real OBJECT
The fifth section declares that the preceding seeto
shall cease TO operate in any state where certain events
sball have happened. These events are nfsthe seCc
tlon OF delegates to State Convention py an ~ 5r
which negroes shall be allowed to vote; second the or
nation OF State Constitution by the convention 80 Co
sen; third the insertion into The state I Ic
lions TO negroes and TO such white men as may not DC
franchsed for rebellion or ieiony tout and White
men NOT disranchiscd and It's actual ratification D! Jht
vote: fh the submission of the State Constitution 70
,re for ton aud the actual appprOvaof 1t
nv f6at body sixth the adoption Of certain amendment
ee te der the new Constitution seventh the
adoption OF said amendment by sGlhclent nuihDer oi
Tinted states All these conditions must De fulfilled be-
fore the people any Of these statescan be relieved from
the boudage of military domination; but when they are
fulfilled then immediately the pains ana penalties OF inc
bill are TO cease no matter WienoI anete gv pty If
life and property The excuse g9 iSr 1 S T D III the Te
military rule which it establishes is plainly TO be used not
for any purpose OF order for the prevention OF crime
but solely AZ means OF coeI.ng Tue peTPt a. itU G
thew are opposed and upon which they have an undo
uiable.riglt 10 exercise their own Judgment .
submit to Congress whether this measure 10 not IN ts
whole character scope and object without precedent and
|
provisions OF the Constitution, and utterly destructive TO
those great principles of liberty and humanity for which
ancestors both sides of the Atlantic shea 80 hch
blood and expended 80 much treasure
The fen states named in the bill divided into five
districts For each district officer OF the army not
below the rai of Brgadier Is to be appointed
60 rule the people and he IS 10 pe supported Win IN
efficient military force to enable him to perform ms
duties and enforce his authority Those duties ana .na
70 nroec ali ursons IN their rights person and prop
erty 20 suupres ipsreCtOn disorder ana violence, u
10 pnnsh or cause to be punished all dsurbers OF tht
! rftNlf
cOmmandue officer all the people OF each lsIlt I
that OF an absolute monarch His mere WI Is 10 tak'
he place OF all law. The Law OF the states IS now th'
only rule applicable 10 the subjects placed under hs cen
declares ali interference Of the state authority TO be null
and void. lie alone Is permitted 10 determine Wnst are t9e
rights ofpeon property ana he may protect mem !.
such way rs hi, discretion may seem proper places ~
h free disposal all the lands and goods IN his district and
h. may distribute them without let OF 10 HID
he pleases. Being bound by no Stae iW ana heIc ehs
no othcr.law To- regulate the subject, he may make
criminal code OF l, own, ana he can MAKE u rs D90uy ~
auyccored in history, or he can rcseiSe the privilege Oh
acting upon enc W. hound bV NO rules Of evidence;
there is indeed provision by which he - auhOrMei OF
which chooses call and all persons are condemned
whom he pronounce. q be guilty. He Is not bound to
lie NAV arrest his yicths wherever he finds them with
ont warrant accusation or proof Oh pGoDane cause ii ne
gives them trial before he nflics the punishment, he
gives % hi' grace and mercy not because he Is com
manded 80 10 do To casual reader OF the Dill IL mght
seem that Kind OF tal secured By 10 to persons
accused Of crme but such IS not the case Tue ocery
allow local civil tribunals TO try offenders, but Of course
thi, does not require that he shall do 50.
any state or Federal Court presume TO exercise ITS
legal jurisdiction by the trial OF maleacOr without bis
special permission no can break 1t up, and punish the
Judge ana Jurors being themselves maefactors He
can i, f.euds from justice and dCSpOi his enemies
contrary 90 Justice II Is also provided that he shall have
power 10 organize Military Commissions or tribunals but
this power he not commanded 20 exercise. 10 Is merely
pcrnissyc aud be used only when, his judgment,
it may necessary Tor the trial OF offenders. Even IL
the sentence OF Commission were made prerequisite
To the punishment OF party, IL would DO scarcely the
slightest check upon the officer who has the authority TO
organizeit ashc prases prescribe s mode OF proceeding
appoint rs members nom among his own SuborlinGes,
aud revise all It's decisions Instead Of mitigating the
harshnes5 OF hs single rules sueh atiiOuha would DC
used much more, probably, TO divide the responsibility OF
sey6Ta provisions by the humanity OF Congress
have been inserted III the bill apparently to restrain the
power OF e oomIn@ndng officer but II seons to me that
| they are Of n1.ayail FOR that purpose.
Tho fourth &tion provides, first that trials shall not
tho power gwen punish without trial. aud So this
sion practically noperatye second cruel or un-
decide what is cruel and what unusual The words have
acquired legal meaning by long in the Courts. Can
! It be expected that military officers will understand or
follow rulo expressed In language purely technical
then officer may define cruelty accoEsng to
his own temper aud IL not usual he will make it usual
Corporea punShmcnt-hc gag, the ball and chain and
the Other almost hsupportabe forms OF torture invented
Third, the sentence OF Commission is TO be executed
without being approved by the Commander If affects
life liberty and sentence Of death must be approved
by the President. TINS applies to cases IN
10 he clear under the bill that the military command
may condemn TO death without the form of trial
by a military commission, that the life Of the con.
demnod mag depend the will of two men, instead Of
one II plain that the authority here given TO the mill
tary officer amounts absolute despotsm. But make
IL still uncomfortable, the bill provides that may be
delegated to many subordnates as he chooses 70 APP
point for Il declares that he shall punish or cause to be
punished Such power has not been WELDED by any
monarch in England for than 600 years In all that
time no people who speak the English language have
borne such scrvitudc 1t reduces the whole population OF
tho ten States all persons OF every color and condi
tDn and every stranger within their limits 10 the most
abeot ad degrading Slavery. No master ever had aeon
trol 40 absolute his slaves this bill gives 20 the
military officers both white and coOred persons. 10
may be answered TO this that the officers OF the