The weekly Butte record., 1867-03-09

The Presidents veto of the reconstruction bill, |
makes about four columns IN the New York pa |
pers- his argument n, principally that the bill Is
not in accordance with law, and he quotes the pow
ers given BY ii to military Governors. He SAYS the
power gwen to the commanding oiieer over all the
people OF each State is that OF an absolute mon
arch !; his mere will takes the place OF law. The
law Of the State the only rule applicable to the
subject under his control, and that is completely
displaced by the clause which declares all interior
ence OF State authority TO be null and void : he
of persons and property he may protect them in
such way as in his discretion may seem proper, |
and the bill thus places at his free disposal all lands
and goods in his district be may distribute them
without let or hindrance TO whom he pleaSes being
bound by State law and there being no other
law to regulate the subject be may make Grim
Inal code of his own, and he can make it just as
bloody as any recorded in history, as he can re-
serve the privilege of acting on the impulse of his
own private Possessions in each case that comes
before him for action.
The President argues that the bill virtually es-
tablishes martial law in States lately in rebellion
and quotes from the recent decision of the Su-
preme Court In the Ailligan case, that it is
sary for martial law that there be actual and pres
ent interference with legal process, such az to ef-
fectualy close the courts and depose the civil au
thority, and say that this, in time of peace makes
martial law operate as though We were in actual
war, and become the caaSe, instead of the conse-
quence. of the aggregation of civil authority. He
quotes further from the decision of Chief Justice
Chase, that there are, under the Constitution
three kinds OF military juri>dicton-one to be ex.
creased both In peace and war another to be exer.
cised in time of foreign war without the boundary
OF the United States, or in time of rebellion and
civil war within the Sfatesor Districts occupied by
rebels treated as begerents and the third TO be
exercised In time Of invasion or instruction within
the limits OF the United States, during rebellion
within the limits Of States maintaining adhesion to
the national government when the public danger
requires its exercise. The first of these may be
called jurisdiction rendered under military law,
and is found in the acts Of Congress specifying the
rules or articles OF war, otherwise providing for
the government Of national forces. The second
may be distinguished military government su
perseding as far as it may be deemed expedient,
civil law, and to be exercised by the military COM
mander under the direction of the President. and
with the expressed or implied sanction of Con.
gress. The third may be denominated martial law
proper, and is called into action by Congress tenn
porarly. when the action of Congress cannot be
invltee and in case of justfying or excnsing peril
by the President. in times of instruction OF nva-
sion, during civil or foreign war within districts
where ordinary law no longer adequately insures
pnbllt safety. OF the three military jurisdictions
which can be exercised or created under our
Constitution, there Is but one that can prevail in
time of peace and that is the code of laws enacted
! by Congress for the government of the national
forces. That body of military law has no applica.
ton to the citizen, nor to citizens enrolled in
the military in time of peace but this bill is not
part OF that sort of military law, for that applies
only to the soldier and not to the citizen. while the
military law provided by this bill points only to-
the citizen and not to the soldier. The Constitu-
ton also forbids the arrest Of citizen without ju
dical warrant. issued upon information and proba-
bic This bill authorizes arrest without war
rant, and at the pleasure of the military COM
msnders.
The Constitution declares that no person shall
be held to answer for capital or otherwise infa
nous CRIME unless on pre>entmeut by grand jury.
This bill holds every person, not soldier answer
able Tor all crimes and all charges without any pre-
sentiment.
The Constitution declares that person shall
be deprived of life liberty property without the
process of law. This bill sets aside III process Of
law, and makes each citizen answerable in his per-
son and property to the will of one man, and for
bis life is the will of two.
Finally the Constitution declares that the priv.
leges of the writ Of habeas corpus shall not be
pended unless when in of rebellion or inva-
sion public safety may require it whereas this bill
suspends the government in time of peace, and
authorizes the military to make arrests. aud gives
to the prisoner only privilege and that is trial
without unnecessary delay. He has no hope of
release from custody, except the hope. such as it
is, of release by acqaittal before a military COM
mission. This bill wipes away every vestige of re-
publican government in ten States, and puts the
life, liberty. property and honor of all people in
each of them under the dominion of single per-
son, clothed with unlimited authority.
He says the fathers OF our country were deter
they withheld the power from Congress. and thus
forbade its exercise by that body and they provi-
ded in the Constitution that State should pass a
bill OF aftainder, therefore making it impossible
for any person in this country to be conStitutionay
affected for any crime by legislative proceedings OF
any sort nevertheless, here is a bill of attander
against Q 600 900 people, based execution so
vague as to be scarcely ineligible, and found to
be true upon no Creditabe evidence. Not one OF
the nine million was heard in his own defence the
representatives of the doomed parties were exclu-
ded from all participation in the trial. and convic
ton is to be followed by the most ignominous pun
ishment ever inflicted upon large masses of men.
1t DISTINGUISHES them by hundreds of thousands
and degrades them. even those who are 1omitted
to he innocent, from the rank of freemen to the
condition OF slaves. The purpose and object of the
bill and the general intent which prevails from be-
ginning TO end, is to change the entire structure
and character OF State governments, and compel
them 10y force to the adoption of organic laws and
regulations which they are unwilling to adopt
The freedmen themselves have not asked the priv.
iege OF voting a vast majority of them have no
idea what it means. This bill not only thrusts the
ballot into their hands, but compels them as we'll
as whites, to use it in particular way. If they
do not form Constitution with prescribed articles
IN 1t, and afterwards elect Legislature which will
neither blacks nor whites can be relieved from the
penalty which this bill imposes upon them.
The President adds Without pausing to con-
slider the policy or impolicy of Africanizing the
southern part OF our territory, l would simply ask
the attention of Congress to that manifest, well
known and universally acknowledged rne of con.
stitutional law, which declares that the Federal
Government has no jurisdiction authority or power
to regulate such subjects for any State. To place
the right of suffrage out Of the hands of white pec
pie. and into the hands of negroes is against the
principle.
The bill imposes martial law at once. and its op-
eratlons will be begun soon as General and
his troops can be placed The dread alternative
between its harsh rule and compliance with the
terms of this measure. is not suspended, nor
people afforded any time for free deberation. The
olil says to them take martial law first and then
deliberate, and when they have done all this meas
ure requires them to do, other conditions and con-
tingencies. over which they have no control, yet
remain to be fulfilled.