The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-03-06
VETO MESSAGE.
Message Of the President of tho United
States, returning to the House of Repre-
sentatives q Bill entitled can Act 10 Fro
vide for the More Efficient Government OF
the Rebel States.''

| the Rebel States.',
To The House Of Representatives
I have examined the bill "to provide Tor the
more efficient government of the rebel States Win
the care and anxiety viii n it's transcendent I'M
portance is calculated to awaken. am unable 10
give it my assent for reasons SO grave that nope
statement Of them may have some influence on
the minds Of the patriotic and enlightened men
with whom the decision must ultimately rest.
The bill places all the people Of the ten States
therein named, under the absolute domination OF
military rulers; and the preamble undertakes to
give the reason upon which the measure is based,
and tho ground upon which it is justified. 1t de-
clares that there exists in those States no legal
governments, and no adequate protection for life
or property and asserts the necessity Of enforcing
peace and good order within their limits. Is this
true as matter of fact
It is not denied that the States in question have
each Of them an actual government, With all the
powers, executive, Judicial and legislative, which
properly belong to u free State. They are organ
lied like the other States Of the Union, and, Ike
tl8m> GQ0y mGhGs dQmlulSGoI, uIN SAoSoeo N'~
laws which concern their domestic affairs An-eS
listing de fdcto -vernment, exercising such 1unc-
tions as these is itself the law Of the State upon
all matters within it's jur sdiction: 10 pronounce
the supreme law-making power OF an esta6nsnea
State illegal is to say that law itself is unlawful.
The provisions which these governments have
made for the preservation of order the suppression
Of crime and the redress of private INJURIES are ~
substance and principle the same as those wnlcn
prevail in the Northern States and IN other civil
T1,axr1 rfoin
ed in preventing the commission OF all CRIME,
nor has this been accomplished anywhere
in the world. There, as well as elsewhere,
offenders sometimes escape TOR Want Oh
vigorous posssno oonrs or ths pSeo
of Jurors It is undoubtedly true that these eVils
have been much increased and aggravated, Nortn
and South, by the demoralizing innuence OF clvn
war, and by the rancorous passions WHICH bne oon
test has engendered. But that these people are
MAINTAINING local governments for themselves
which habftually defeat the object OF all govern
ment and rendor their own lives and property ln-
secure is in itself utterly improbable, and the aver
ment Of the bill to that effect is not supported by
any evidence which has come to my knowledge.
Ali the information have on the subject conVlnces
me that the masses Of the Southern people and
those who control their puolc acts, while they en-,
tertain diverse opinions on questions or feoeI.u
ganize their society on the basis OF peace and TO
restore their mutual prosperity as rapidly and as
completely as their circumstances will permit. a.
| The bill, however, would seem to show upon lts
face that the estab ablishmentm - OF peace ana gooo
clares that the preceding sections shall cease 70 70
operate in any State where certain events shall
have happened. These events are First, the
selection Of delegates to State convention by an
election at which negroes shall be allowed to VOTE
Second, the formation of State constitution by
| the convention 40 chosen. Third, The insertion
| into the State constitution OF provision winch
will secure the right Of voting at all electons 70
negroes, and to such white men as may mot pe Gus
| franchised for rebellion or felony. F0urth the
submission of the constitution for ratification to
negroes and white men not disfranchised, and Its
actual ratification by their vote. Fifth, the SUBJ
mission Of the State constitution to Congress tor
examination and approval, and the actual approval
certain amendment to the Federal Constitution
by vote Of the Legislature elected under the new
constitution. Seventh the adoption OF said amend
ment by q sufficient number OF other States
to make it part Of the Constitution or the
United States. All these conditions must be full
filled before the people Of any OF these States can
| be relieved from the bondage OF military DONNA
ton: but when they are fulfilled then Immediately
the pains and penalties Ct the bill are to cease, no
matter whether there be peace and ORDER or not,
and without any reference to the security OF 1e or
property, The excuse given for the bill IN the pre-
amble is admitted by the bill itself not to be real
The military rule which it estabhshes is PLAINLY 70
be ed-not for any purpose OF order OF Ior tne
prevention Of crime, but solely as means OF eoer,
cling the people into the adoption Of principles and
meaaures to which it is known that they are op-
posyd. ard upon which they have. an lndenaDe
right to exercise their own Judgment.
submit to Congress whether t5ls measure 1,eil is
not, in it's whole character, scope and oo)ect WIN
ont precedent and without authority, IN palpabe
conflict with the painest provisions OF the Constl-
tuition, and utterly dcstru tive to those great pn
cples Of liberty and humanity for which oul an
cestors on both Bides Of the Atlantic have shed 30
much much Blood and expended so much treasure.
The tan States named in the bill are divided into
five districts. For each district an officer OF the
army not below the rank Of brigadler general, ls
to be appointed to rule over the people, a9a ne rs is
enable him to perform his duties and enforce his
authority. These duties and that authority, as
defined by the third section Of the bill, IRE ITO
protect ali persons in their rights OF person and
property, to suppress lnsurrectlon, qlsoroeI ana
all disturbers of the public peace or criminals
The power thus given to the commanding officer
over all thc people OF each district is that OF an
absolute monarch His mere VIII Is ls 10 Gtot sake inc
low the only rule applicable to the sub
iects placed under his control, and that
is completely displaced by the clause which
declares all interference Of State authority to be
null and void. He alone is permitted to or1nine
what are rights Of person or property, and nc may
protect them in such way as, in bis discretion,
m NAV seem proper. II places at his free disposal
all the lands and goods in his district, and ne may
distribute them without let or hindrance to whom
he pIeasss. Being bound by no sta5e law, and
there beinp no other law to regulate the subject,
be may make criminal code of bus own; and ne
can make it as bloody as any recorded in history,
or he can reserve the privilege OF acting upon the
impulse Of his private passions in each case taat
is indeed no provision by which he is authorized
or required to take any evidence at oil. Every,
thing is q crime which he chooses to call so, and
all persons are condemned whom he pronounces to
be guilty. He is not bound to keep any re-
cord, or make any report of his proceedings, He
| may arrest his victims wherever he finds them,
without warrant, accusation, or proof Of probable
cause. IF he gives them o trial before be In
flcts the punishment, he gives it OF his grace and
mercy, not because he is commanded so to DO.
To casual reader Of the bill it might seem that
some hnd Of trial secured by it to persons &C
| cused Of crime; but such is not the case; The
Officer 'smay allow local civil tribunals to try Of
fenders" but Of course this does not require that
he shall do so. If any State or Federal court pre-,
sules to exercise it's legal jurisdiction by the trial
Of 8 malefactor without his specal PERMISSION he
can break it up, and punish the judges and Jurors
as being themselves inalefactors. he can save hls
friends from justice, and dcspou hls enemies COLI
| trary to Justice.
It is also provided that che sla!l have power to
oeganize military commissions or t-ibunais;;" put
this power he ia not commando u exercise. 1t ls
merely permjssive, and is to I've used only when
in his Judgment it may be ncc ssscry for the trial
Of offenders Even if the sentence OF commls.
sion we're 1n,de prerequisite to the punishment
Of party, it would be scrcely the slightest check
upon the officer, who has authority to organize 1t
as he pleases, prescribe its mode Of proceeding
appoint it's members from among his own suDorai'
nates ard revise all it's decisions. Instead OF mit!'
eating the harskness of his single rule, such trl-
bunal would be used much more probably to DIVIDE
the responsibility Of making it more cruel and
unjust. =
Congress, have been inserted in the BILL apparent
ly to restrain the power OF the c. mmandng officer
but it seems to me that they arc OF no aval! fol
that purpose. The fourth section proyides-Flrst
That trials shall not be unnecessarily delayed; bu