Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-07-20
LATEST TELEGRAMS.
MIDNIGHT DISPATCHES
Presidents veto Message.

of March, 1867, and the act supplementary
thereto, passed on the 23d day of March,
1867" | will state as briefly as possible
some of the reasons which prevents me from
giving it my approval.
This is one of series of measures passed
by Congress during the last four months on
the subject of reconstruction. The mes
sage returning the act of the End of March
last, gives at length my objections to the
passage of that bill; they apply equally
we'll TO the bill now before me, and | am
content TO refer 10 them, and reiterate my
conviction that they are sound and I'M
answerable. There are some points peculiar
TO this bill, which | will proceed at once
to take into consideration. The first
section purports to declare the true intent
and meaning, in some particulars, of the
two prior acts on the subject 1t is de-
clared that the intent of these act- was,
| first, that the existing governments of the
ten Rebel States were not legal govern
ments; and second, that thereafter said
governments were 10 be continued subject
in all respects to the military commanders
Of the respective districts and to the para
mount authority of Congress, Congress
may, by declaratory act, fix upon prior
act a construction altogether at variance
with its apparent meaning, and from the
time, at least, when said construction is
fixed, the original act will be construed to
mean exactly what it is stated to mean by the
declaratory statute. There will be then,
from the time this bill may become a law,
no doubt, no question as to the relation in
which the existing governments in those
States, called in the original act the pro-
visional governments, stand towards the
United States As their relations stood
before the declaratory act these govern
ments, it is true, were made subject to abse-
lutte military authority in many important
respects, but not in all the language Of the
act. Being subject to the military author
ity of the United States, as hereinafter
prescribed by the sixth section of the
original acts, the governments were made
in all respects subject to the paramount
authority of the United States. Now, by
this declaratory act, it appears that Con-
gress did not by the original act intend to
limit the military authority to any partic>
ular subjects therein prescribed, but meant
to make it universal Thus, over
all these United States this military
government is now declared to have un-
limited authoIity. II is no longer confined
to the preservation of the public peace,
the administration of criminal laws, the
restoration of voters and the superinten-
dence of elections, but in all respects is as
serted to be paramount to the existing civil
governments. 1t is impossible to conceive
any state of society more intolerable than
this, and yet, it is to this condition that
twelve millions of American citizens are
reduced by the Congress of the United
States. Over every foot of the immense
territory occupied by these American citi-
zens, the constitution of the United States
theoretically is in full operation.
1t binds all the people there, and should
protect them. Yet, they are denied every
one of its sacred guarantees. And of what
avail will it be TO any one of the Southern
people when arrested by file Of soldiers to
ask for the cause of arrest, or the produc-
ton of the warrant? What avail to ask
for the privilege of bail when in military
custody, whilst it knows no such thing as
bail? OF what avail to demand trial by
jury, presence of witnesses, a copy of the
indictment, the privilege Of counsel, or
that greater privilege, the writ of habeas
corpus? The veto of the original bill Of
the I'd of March was based on two distinct
grounds. The interference of Congress in
duties strictly pertaining to the reserved
powers of the States, and the establishment
OF military tribunals for the trial of citizens
in time of peace. The impartial reader of
that message will understand all it contains
with respect to military despotism and
martial law, has reference especially to the
power, however conferred, of the district
commanders to displace the criminal courts
and assume jurisdiction to try and punish
by military boards. The act now before
me not only declares that the intent was to
confer not only such military authority,
but to confer unlimited authority over all
the other courts of the State, and over all
officers of the State, legislative, executive
and judicial.
Not content with the general govern
ment of Congress, the I'd section of the bill
especially gives to each military commander
power to suspend or relieve from Office
or from performance of official duties and
exercise of official powers in any officer or
person holding, or protesting to hold or
exert a civil or military office in such dis
trio! uDder any power of elective appoint
ment or derived from, or granted by, or
claimed under any so-called State or gov
eminent thereof, or any municipal or other
division thereof, power that hitherto all
the departments of the Federal govern
ment, acting in concert or separately, have
not dared TO exercise is here attempted to
be conferred on a subordinate military
officer. To him, as a military officer oft
Federal government, is given the power,
supported by a sufficient military force,
to remove every civil officer of the
United States. What next? The dis
trict commander who has thus dis
placed the civil officers is autho-
rized to FIJI the vacancy by the detail of
an officer or a soldier of the army, or by
the appointment of some other person.
This military officer whether an officer or
a soldier, is to perform the duties of such
officer or person so suspended or removed
In other words, an officer or soldier of the
army is transferred into a civil officer
He may be made Governor, legislator
or a Judge. However unfit he may deem
himself for such civil duties, he must
obey the order. The officer, if detailed,
must go on the supreme bench of the State
with the same prompt obedience as if de-
tailed to act in a courtmartial. The
soldier, if detailed TO act as a Justice
of the Peace, must obey as quickly as if
detailed for picket duty, What is the char
acier Of such military-civiI offices This
bill declares that he shall perform the du-
ties of the civil office to which he is detailed;
it is clear, however, that he does not lose
his position in the military service; he is
still an officer or soldier he is still subject
to the rules and regulations which govern |
the army, and must yield due respect and |
obedience towards his superiors. The clear
intent of this section is that the officer or
soldier detailed to I'll a civil office, must |
execute its duties according TO the laws Of |
the State. If he is appointed a Governor
Of State, be must execute the duties as |
provided for by the laws of that State.
and for the time being his military |
character is to be suspended, and in his |
new civil capacity, if he is appointed a
State Treasurer, he must at once assume the |
custody and disbursement of the funds Of |
the State, and perform those duties pre-
scribed according to the laws of the State,
for he is entrusted with other official duty, |
Or other official power. If holding the |
office Of Treasurer, and is entrusted with |
funds, it happens that he is required by the /
State laws 10 enter into bond, with seen /
rity, and take an oath of Office; vet, from
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