Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1867-03-09
VETO MESSAGE.
The Military Reconstruction
Bill.
President J0hnSOR'S Objec-
tiOnS.
VETO MESSAGE.

President J0hnSOn'S Objec-
tiOnS.
| To the House OF Representatives
1 have examined the bill TO provide for
q more efficient government of the rebel
states with the care and anxiety which
| its tTanscendent importance is calculated
TO awaken. I am unable to give II my
assent. for reasons so grave that hope
statement of them may have some infiu-
ence on the minds of the patriotic and
enlightened, with whom the decision
must ultimately rest.
The bill places all the people Of the ten
states therein named under the absolute
dominion of military rulers, and the
preamble undertakes TO give the reasons
upon which it is justified. Ii declares
there exists in those states no legal gov
erument and adequate protection 10 he
or property, and asserts the propriety OF
enforcing peace and good order within
their limits. II is true as a matter OF
fact. aud 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
]
They are organized like the other
states of the union, and like them
thew make, administer and exc
cute the laws which concern their
domestic affairs. An existing de
facto government, exercising such
functions as these, is itself the law OF the
states upon all matters within It's Jurls-
diction. To pronounce the supreme law
making pOwer of an established state
Illegal is TO say that law itself IL unlaW-
| full. The provisions which these govern
ments have made for the preservation Of
order. the suppression of crime and the
| redress of private injuries, are in sub
| stance and principle the same as those
which prevail in the nOrthef- states and
in other civilized countries. They GER
tainly have not succeeded 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 the want
of vigorous prosecution, and occa-
sionally perhaps by the lnetilclency
of conrts or the prejudice OF Ju-
rors. 1t Is undoubtedly true that
these evils have been much increased
and aggravated north and south by the
demoTalizing influence of civil law, and
.
contest mas engendered. But thai these
people are maintaining local govern
merts for themselves which haDItuauy
defeat the object Of all government and
render their own lives and property IN
secure. is Of itself utterly improbable,
and the avermert Of the bill 10 that
effect is not supported by any evidence
which has come TO my knowledge. All
the information I have on the subject
conviDces me that the mass Of the south
erD ueople. and those who control their
pubiIc acts, while they entertain diverse
opinions on questions Of federal policy,
are completely united in the effort TO
reorCanizq their society on the basis oi
peace. and TO restore mutual prosperity
| as rapidly and as completely as their
| circumstances viii permit.
The bill however would seem to show
upou its face that the establishment Of
| peace and good order is not its real OBJ
! isct. The nth section declares that the
nrereeding sections shall cease to operate
/ In any State where certain events have
! happeped. These are: 1St. The cleo
| ton of delegates to state convention,
I by election at which negroes shall
| ba allowed TO vote. "a. ThefOrmatiOn Of
! g slate constitution by the convention
! -o chosen. 81. The insertion into the
state constitution of a provision which
/ will secure the right of voting at all
elections 20 negroes and such white men
/ as NAV not be disfTOUchi-ed for rebellion
or felony. 4th. The submission Of the
I constitution for ratification 70 negroes
: and white men not disfranchised, and
/ its actual ratification by vote. 5th. The
/ submission OF the state constitution TO
/ congress for the examination md actual
approval Of it by that body. 9Th. The
| adoption of a certain amendment TO the
/ federal constitution by vote Of the legis-
] lature elected under the new constitution.
/ 7th The adoption of said amendment by
] q sufficient number Of other states 10
make % a part Of the constitution Of the
! United STATES.
All of these conditions must be full
/ filed before the people Of any of these
/ -fates can be relieved from the bondage
Of military despOtism, but when they
are fulfilled then the pains and penalties
Of the bill are to cease no matter
whether there be pesce OF order or not,
| without reference to the security Of hie
and uroperty. The excuse given for the
bill in the preamble is admitted by the
hill itself not to be real. The military
rule which it establishes is plainly to be
used not for any purpose of order, or for
the prevention OF crime, but solely as a
means Of coercing the people into the
adoption Of principles and measures TO
which it is known they are opposed. and
upon " hich they have an undeniable
right to exercise their own judgment. i
submit to congress whether this meas
ure Is not in its whole scope and object
without precedent aud without author
. ity. in palpable conflict with-he plainest
provisions Of the constitution, and
/, utterly destructive to those principles oi
liberty and hum anity for which our an
cesiors on both sides OF the Atlantic
, shed so much blood and expended Sc
much treasure.
, The ten states named in the bill are
divided in five districts. For each dis
trict an officer OF the army not below
/. the rank of brigsdier general is to b'
appointed to rule over the people, anC
s he is to be supported with an efiicien
, military force TO perform his duties, au6
I that authority as defined by the thirC
5 section Of the bill is to protect all person.
: in their rights OF person and property, &
3 suppress disorder and violence, and q
s punish all disturbers Of the public peae
s or criminals. The power given to tn
. commanding officer over all the peopl
Z Of each state is that Of an absolute mon
s arch. His mere will is 10 take the plac
{ of All law. The law Of the states, tn
S only rule applicable to the subject,
z placed under his control, and that
Z completely displaced by the clause whicl
> declares that all interference Of the stat
s authority to be null and void. II
alone is permitted to determin
S what are the rights OF perso
z and property. He may protec
: them ia such a way as in his disoretio
d may seem proper. 1t places at bis fre
; DISPOSAL ali the lands and goods in hi
. district. He may distribute them with
/. o,it let or hiudrance to whom he please'
being bound by no state law; and ther
being no other law 20 regulate the sui
} iect, he may make a criminal code OF b
own, and he can make il as bloody
any recorded in history, or be can r.
serve the privilege Of acting upon th
j. impulses of his private passions. In eac
case that arises he is bound by no rules {
evidence. There is indeed no provisiO
, by which be is authorized OF required
take evidence at all. Everything is
crime which he chq. ies TO call so. an
all persons are condemned whoI
he pronounces guilty. He is Dc
bound 70 make any report {
keen any record OF his proceeding
= He may arrest his victims whenever b
may find him, without warrant, accuse
ton or proof of probable cause. If
gives them trial before be inficts III
: punishment, he gives it of bis grace an
{ neroy, not because he is commanded I
10 do. To q casual reader Of the bill,
might seem that some kind Of trial wS
occurred TO persons accused OF crime. b,
. ! such is not the case. The officer ma
= Iocate civil tribunals TO try offenders, bl
~ course this does not require that b
II hall DO so. If any state or federal coul
nresumes 10 exercise its legal jurisdictio
= bv the trial OF malefaetor without b
special permission, he can brea
y Il up, and punish the judges an
IS inrors as being themselves mall