The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1867-07-25

supplementary to the act to provide for the
more efficient government of the rebel States,
of March Sd, 1857, and the act supplementary
thereto passed on the 23d day of March, 1867,
and will as briefly as possible some of
the reasons which prevent me from giving it
my approval It.e 1904 l. =.
This is one of q series of measures passed
by Congress during the last four months on
the subject of reconstruction. The message
on returning the act of the I'd of March last,
states at length my objections to the passage
of that bill. They apply equally we'll to the
bill now before me, and am content merely
to refer to them, and to reiterate my convic-
tion that they are sound and unanswerable.
There are some points peculiar to this bill
which will at once proceed to consider.
Thefirst section purports to declare the true
intent and meaning, in some particulars, of
the prior acts. Upon this subject it is declar-
ed that the intent of those acts was: First,
that the existing Governments in the ten reb-
ell States were not legal State Governments;
and, second, that hereafter said Governments
were to be continued, subject in all respects
to the Military Commanders OF the respective
districts and the paramount authority OF Con-
gress. ~ f. a
Congress may, by declaratory act, fix upon
prior act, construction altogether at vari-
ance with its apparent meaning and from the
time at least when said construction is fixed
the original act will be construed and mean
exactly what it is stated to mean. By the de-
time this bill may become law no doubt, no
question, as to the relation in which the exist
ing governments in those States, called In the
original act THE Provisional Governments,
stand toward the United States as these rela-
tiOnS stood before the Declaratory act. THESE
Governments, it is true, were made subject to
absolute military authority in many impor-
tant respects, but not in all, the language OF
the act being "subject to the military author
ity of the United States, as hereinafter provi-
hvy ha with aonfinT Of no nrioripol ~ ~
These Governments were made in all respects
subject to the paramount authority Of the
United States. Now by the declaratory act it
appears that Congress- did not, by the original
act, intend TO limit the military authority to
any particulars or subjects therein described,
but meant to make it universal. Thus over
all the ten States the military Government is
now declared to have unlimited authority. II
is no longer confined to the preservation ofthe
public peace, the administration OF criminal
laws, the registration ofyoters and the super
intendence of elections, but in all respects is
asserted to be paramount to the existing civil
Government 1t is impossible to conceive any
state of society more intolerable than this, and
yet it is to this condition that twelve millioni
of American citizens are reduced by Congress-
of the United States Over evrey foot Of the
immense territory occupied by these AmerI
can citizens the Constitution of the United
States is theoretically in full operation; II
binds all the people there, and should protec1
them, yet they are denied every one of its sew
eral guarantees, and of what avail will it be
to any of these Southern people when seized
by file Of soldiers, to ask for the cause OF ar
rest, or the production of the warrant? o.
what avail to demand trial by jury, process
for witness, a copy of the Indictment, for priv
ilege of counsel, or, that greater privilege the
writ ofhG6eGS corpus sss
The veto OF the original bill of the I'd o.
March was based ontwo distinct grounds, the
interference of Congress in duties strictly per
tanning to reserved powers of the States, and
the establishment of military tribunals for thu
trial of citizens in time of peace. The impair
tial reader of that II essage will understand
that all it contains with respect to militar.
despotism and martial law has reference es
pecially to power, however conferred on tn
District Commanders to displace the Crinina
Courts and assume Jurisdiction TRY and pun
ish by military boards. Most potentially tn
suspension of ha6edS corpus was martial Law
and military despotism. The act before M
not only declares that the intent was to con
fer such military authority, but to confer un
limited military authority over all the othe
courts OF the State, and oyer all officers OF thu
State, executive, legislative and judicial.
Not content With the general grant of Con
gress, the second section of this bill especial
ly gives to the Military Commander power t.
suspend or relieve from office or performance
of official duties and exercise of official power
any officer or person holding or protesting tC
hold or exercise any civil or military office il
such district under any power, elective, ap
pointed, or derived from or granted by o
claimed. under any so-called State or the Gov
eminent thereof, or any municipal or other di
vision thereof power that hitherto all thu
departments of the Federal Government, act
ing in concert or separately, have not dare
to exercise, is here attempted to be conferre
on subordinate military officer. To him
military officer of the Federal Government
given the power, supported by sutiicien
military force, to remove any civil officer ofth
United States.
What next? The District Commander, VIII
has thus displaced the civil officers, is author
lied to fill the vacancy by the detail of an off
Ger, or soldier of the army, or by the az
polntment OF some other person. This militia
ry officer, whether an officer or soldier is t
perform the duties of such officer or person S
suspended, or removed in other words, a
ofhcer or soldier OF the army is transferred in
to civil officer. He may be made Governor
legislator or Judge. However unfit he ma,
deem himself for~uch official duties he mus
obey the order. The officer, if detailed, mus
go on the Suprem Bench of the State, witt
the same prompt obedience as if detailed t.
act IN court martial. The soldier if de
tailed to act as Justice of the Peac
must obey as quickly as if detailed for pickle
duty.
What is the character of such military civi
officer? This bill declares that he shall per
form the duties of the civil Office to which h
Is detailed. tits clear, however, that he doe
not lose his position in the military service b.
is still an officer or soldier He is still subiec
to the rules and regulations which govern thu
army, and must yield due respect and obedi
ence toward his Superiors. The clear intent
OF this section is that the officer or soldier de
tailed to fill civil office must execute its du
Ties according to the laws of the State. If h,
ls appointed Governor of State, he is to ex
ecute the duties as provided by the laws O
that State, and for the time being his military
character is to be suspended in his new civi
capacity. Ifhe is appointed State Treasurer
he must at once assume custody and disburse
ment ofthe funds of the State, for he is intrus
ted with no other official duty or other officia
power. Holding the Office of Treasurer, anC
Entrusted with funds, it happens that he is re
CURED by the State laws to enter into bono
with security and take an oath of Office vel
from the beginning of the bill to the end there
is no provision for any bond or oath of office
or for any single qualification required under
state law, such as residence, citizenship ,ol
anything else. The only oath is that provided
Ior IN the 9Th section, by the terms of which
every one detailed or appointed to any civil
office in State is required to take an oath O
office prescribed by the law for officers of the
United states. Thus an officer of the army O
the United States detailed to fill a civil office
In one of these States gives no official bond
and takes no official oath for the performance
OF MS new duties, but as civil officer of the
state only takes the same oath which he haC
already taken as military officer of the Uni
TED States. he is at lasta military officer per
forming civil dnties, and the authority under
winch he acts is Federal authority only, and
the inevitable result is, that the Federal Gov
ernment, by the agency of its own officers
State.
- A singular contradiction is apparently here
Congress declares these local State Govern
ments to be Illegal governments, and then pro
VIdes that these illegal governments shall be
carried on by Federal officers who are to per.
form the very duties imposed on it's own Off,
GERS by this illegal State authority. 1t certain.
~ would be novel spectacle if Congress
sho uld attempt to carry on a legal State Gov.
ern ment by the agency of its officers. 1t is yet
more strange that Congress attempts to sus-
tain and carry on illegal State Governments
by some Federal agency. In this connection
must call attention to the tenth and eleventh
sections ofthe bill which provide that none of