The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22
MESSAGE OF THE PRESIDENT.
Veto OF tho Supplementary Military Re.
construction uflI, =.


Elementary TO an net entitled hn act to provide
lur the moro efficient government Of tho rebcl
Statcs, passed oil tho second day OF Mnrch,
1871. ni:u the act supplementary thereto, passed
on the twenty-tlud day of March, 1867, and will
state NJ. briefly | ossible como Of tho reasons
which prevent mu nom giving it my approval.
This ii ono of series OF measures passed by
Congress during tho last four months OH the sub
jcct OF reconstruction The message returning
my objections TO tl:o passage OF that measure.
They apply equally well to tho bill now boforo no.
and am content merely to refer to them md 10
unanswerablp.
There are some points peculiar to this bill
which will proceed ut once TO consider.
Tho iirst section proposes to declare 'the truo
intent and meaning" in some particulars, of tho
two prior nets uron this subject.
IL IS declared that tho intent OF these nets was-
First, That tho existing governments IN tho ten
rebel Statca were not legal State governmente,"
and second, "that thereafter said governments, il
spccts To tho military commanders OF tho rcspcc-
tive d:stric.s, and to tho paramount authority Of
Congress-"
Congress may by \ tlcclaratory act fix upon n
prior act construction altogether Mt variance with
its apparent mcaring, and from the tlmc at loast
when such construction is fixed tho original act
will bc construed to mean cxactl, what il ia stated
to mean hy the dccuratury slaluic. There will bc
then. from the time this bill may bcc 1mc law no
,s oahtG to the m relation in Which
III the original act tlc provisional governments" +"
stand toward the military authorities. Az these
"gorcrnments,' il is true, wero made subject to
absolute military authority in many important re-
spects, but not III ni tho lunguagc Of tho act be-
ing Subject to tho military authority of tho United
states, ns hereinafter prescribed" BY tho sixth
section nf TIC original act these governments
made, in ali Respects subject to the paramount
authority of the United States." a'i
Now, by thus tlcclaratory act il appears that
Congress did not, by tho original net, intend to
limit tho military authority to any particulars or
subjects therein prescribed !" but meant 10 make
it universal Thus over all thcso ten Satcs ti,is
military government is ROW declared to llnve I'M
limited authority. II is no longer fined TO the
preservation OF tho public peace, the administration
OF criminal law, the registration of voters, md tho
supcrnendencc OF elections but ''in oil respt
II il asserted to bo paramount to the existing civil
governments.
1t is impossible TO conceive any state OF society
moro intocrablc than this and yet it is to this
condition that iwelyo millions of American citizens
arc reduced by the Congress Of tho United Statc,.
Over every foot of tho immense territory occupied
by these American eitzons, tho Constitution ofthe
United states Is theoretically i'll full operation. 1t
binds all the pooplo there, and should protect thcm
yet they are dcnied every one OF it's sacred gunr-
antecs.
OF what avail will it bo TO any ono OF these south
ern people, when seized by die of soldiers, to usk
Tor the cause OF arrest or for the production ofto
warrant? OF wa avail to ask for tho privilege of
bail when in military custody, which knows no
such thing as bailP Of what avail to demand n
trial ny Jury process for witnesses, copy tor the
or privilege, Tic writ ofGa5eas corpus, e''A'-
Tho veto of the original net OF tho I'd OF March
was based OH two distinct grounds tho intcrrcf-
to tho ro served powers Of tho States and the cs,
tablishniont OF military tribunals for the trial OF
citizens i'll times Of peace. Tho impartial reader
OF that message will understand that all 1t coll
tains with respect to niltury dcspotism and mar
tial law hns roicrcuco especially to tho fearful
power conferred on the district commanders to
displaco tho criminal courts and assume jurisdic-
hon TO try and to punish by military boards; that,
potentially, tho suspension uf bdbcas corpus was
martial law ina military dcspotism. Tho net now
mn nj lot
confer such military authority but also 10 confer
unlimited military authority over oil the othor
courts Of tho State nnd over oil tho Offices Of tho
Stat, legislative, executive and judicial.
Not content with the general grant OF power
Congress, in the second section of tho bill spcci-
tically gives to each military commander Tho pow
or TO suspend or remove from cfco, or from the
performance OF tfiicia duties and tho exercise Of
Official powers, any officer or person holding
civil or military office duty such district, un-
der any power, election, appointment, or authority
derived iiom, or granted BY, or claimed under any
so-cailed state or the government thereof, or any
municipal or other division thereof"
power thnt hitherto all the departments Of tho
Federal Government. acting in concert orr sopa-
cd 10 b; conferred OIL n subordinate military OIL
cor. 10 him, military officer Of tho Federal
Government is given tho power, supported by 90
officer of the state. What next2 Tho division
commander VINO has thus deposeu d civil otliper
IS To- fill the vacancy by the detail of officer
W.
solno other person."
.o1G,ds T%is military mi apPointeo, whether IN officer
removed. In other words an Ofccr or aoldier OF
tho army is thus transformed into civil officer.
Ho ay be ,G goyosnO5 l9gisator or Judge
duties, he must obey tho ordor. The oficor OF tho
army must, II .'dutniled," 60 upon the supreme
Ssmeo ss Ds IN he sS Maqo T seS s g 50m OS
martial. The soldier If detailed TO act as Justice
OF tho placc, must oboy ns quickly as il he wero
detniled lor picket duty.
What is the character OF srch O military civil
officerp This bill declares that ho ehall perform
the duties OF tho "iyil oco TO which he is detailed
or soldier OF tho army; ho ia atilI subject 10 tho
r,iles anu rognlitions which govern IL, and must
ward his superors. Tho cIcnr intent Of this sec
tion is that tho officer soldier detailed to oil
CIV civil Office must T. execute his dutios according to
If ho is appointed Governor Of stato, ho is to
execute the duties as provided by tho laws OF that
State, and for tho tno being his military charac.
j., is appointed State treasurer ho must at onco
assume tho custody and disbursement Of tie funds
OF tho State, and must perform those duties pro,
entrusted with no ot'ier ofllcinl duty or other
oilioiai power. Hplli'g oo0ico OF treasurer and
entrusted with fund. II happcns that no is re-
stcnrlty and 70 tai, oath OF Office, ypt from tho
beginning OF tho bI. 70 tho end tliero' is no pro-
vision for and bond or oath OF office or Tor any sin
gle qualification luircd undor tho State law such
as Residence, citizenship, or anything else., Tho
only oatn il that provided for in tho nintn Boction
by tho terms OF which oycry ono dptaiiod ITO tako
and TO subscribe tho oath of ofico prescribed by
law for officers Of tho United Statea" Thus an
officer of tho army of tho United Statos, detailed
to MI civil onico in ono OF those Statos, gives no
Othoial bonI and takes no Official oath for the per
foImance of his new dutiea aH civil officer of tho
State ho only takes the samo oath which ho had
already taken as u military ofIcer of tho United
States. Ilc is, ut least military officer perform
ing civil duties, and tho authority under which he
acts III Federal authority only, and tho inevitable
result 10 That tho Federal Government by tho
AGENCY OF it's own sworn officers In OBJECT assumes
the civil government OF tho States '-II
singular contradiction is apparent here, Con-
Eress declares theso local State governments to be
Illegal governments, and then provides that those
Illegal governments shall bo carried on by Eoderl
officers, who arc TO perform tho very duties i'm
posed on It's own officers by this illegal State oil.
thortty, II certainly would DO novel spectacle if
government by tho ng6ncy OF its own ofIicors II
s yot moro strange It Congress attempts TO sus.
tain and carry on all illegal State government by
tho snmo cderal AGENCY. H-
In this connection must call attention to tho
10th nnd 11th sections Of tho bill, which provide
that mono OF tho officers or appointccs Of theHe
mtl J commanders, ''shal bo bound In his ac-
tion ny any ppipion Of any civil oaoer Of tho pni,
tod Btates, aud tl9t all tho provisions of tho ac
sshali bo continued literally to tho end, that oil
tho intents thereof may be fully and perfectly
carried out.n Ha. y :,
It tecns Congress supposed that this bill might
md tbau Ny ihnroS kl,n