The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-07-20
VETO OF THE RECONSTRTCTIOE BILL

u W wAsHINaToN July 10, ls67.-To the House Of
hvpIesent hap tetiyes of the United States: / return
neIeWlth the bill entitled WAn act suppIementarV
70 an act entitled, 'An act TO provide Tor the more
smeient government of the rebel States passed
Sn tne "a oay OF March, 1867, and the act supple
mentary thereto, passed on the 93d day of March,
!SoN ana Will state as briefly as possible, some of
approval.
=, THE is one OF a series OF measures passed by
Oongress during the last four months on the sub
geS' OF reconstruction. The message returning tne
act OF the 2d OF March last at length my OBJ
Ieotlons TO the passage of that measure-hey apply
equally well to the bill now before me, and L am
content merely TO refer to them and to reiterate
my con nviction that they are sound and unapswer,
which will proceed at once to consider.
The first section purports 70 declare the true in
acts upon this subject II declared the intent
Of those was first, That the existing govern
ments in the ten rebel States" were not legal State
governments; and second, "That thereafter said
governments, II continued were to be continued
subject in ali respects to the military commanders
OF the respective districts and to the paramount
authority of Congress. Congress may, by a de-
claratary act fix upon act construction alto
gether az variance with it's apparent meaning, and
from the time at least when such construction is
nxed the oIlgnai act VIII VIII 9e construed 70 mean
deolaratory statute There will be then, from the
time this bill may become law, NO doubt, no
question 70 the relation in which the existing
governments in those States, called in the original
act the "provIsional governments" stand towards
the military authority. As their relations stand
before the declaratory act these "governments,"
1t is true, made subject TO absolute military
all the language of the act being "subJect to the
military authority OF the United States as here
matter presented"
By the sixth section Of the original act these
governments were made 'in all respects subject
to the paramount authority of the United States"
Now, by this declara,ory act 1t appears that Con-
gress did not, by the original act intend to limit
the military authority to any particulars sub
lects therein "prescribed," but meant to make II
universal. Thus, over all these ten States, this
military government is now declared to have un-
limited authority. 1t is longer confined to the
preservation Of the public peace, the administra-
ton of criminal law, the registration OF voters,
and the superlntendence of elections, but in ali
respects is asserted to be paramount to the existing
| civil governments 1t is impossible to conceive
any state Of society more inolerabe than this and
yet 1t is to this condition that twelve millions
of American citizens are reduced by the Oon-
gress of the United States. Over every foot of the
immense territory occupied by these American
citizens the Constitution of the United States heo.
retcally is in full operation. 1t binds all the pso-
pie there, and should protect them yet they
denied every one of its sacred guarantees. OF
what avail will IL be to any one of these southern
people, when seized by file of soldiers, to ask for
the cause of arrest or for the production Of the
warrant OF what avail to ask for the privilege
of bail when IN military custody, which knows no
such thing as baill OF what avail TO demand a
trial by Jury, process for Witnesses copy OF the
Z indictment, the privilege OF counsel, or that
kZreater privilege, the writ of habeas corpus7
The veto Of the original bill of the I'd OF March
was based on two distinct grounds: "the interfer-
OF Congress in matters strictly appertaining to
the reserved powers of the States and the estab-
lshment of military tribunals for the trial of citi
zens in time of peace" Theimpartial reader of that
message will understand that all that it contains
with respect to military despotism and martial law
has reference especially to the fearful power con-
ferred ON the district commanders to displace the
criminal courts and assume Jurisdiction to try and
to punish by military boards; that potentially the
suspension OF the habeas corpus was martial law
and military despotism.
The act now before me not only declares that the
intent was to confer such military authority, but
also TO confer unlimited military authority over
all the other courts of the State and all the
officers of the State-legislative, executive and Ju-
dicial Not content with the general grant OF
power Congress, IN the second section of this bll
specifically gives to each military commander the
power to s'suspend or remove from office, or from
the performance OF official duties and the exercise
official power sny OCer U5 OF
civil military office or duty in such district un-
der any power, election, appointment or authority
derived from or granted by or claimed under any
so-called State, or the government thereof, or any
municipal or other division thereof" A. power
that hitherto all the Departments OF the Federal
government, acting in concert or separately, have
not dared exercise, is here attempted 10 be con-
ferred on q subordinate military ofhcer.
To him. as a military officer of the Federal gov
ernment, is given the power, supported by 'a
oficer Of the State WHAT nextq The district COM
mander, who has thus displaced the civil ohcer,
is authorized fill the vacancy by the detail Of an
ment OF some other person. This military ap-
pontee whether an ot1cer' soldier or some other
person, is TO perform the duties OF such officer or
person so suspended or removed. In other words
an officer soldier OF the army Is thus trans
formed into a civil officer.
He may be made governor, legislator, or q
Judge. However unfit he may deem himself for
ofBcer of the army must, If detailed, go upUn
the supreme bench OF the state with the
same prompt obedience as II he were de-
tailed TO go upon a court-martial. The soldier
il detailed TO act as justice OF the peace, mus
obeV as quickly If ne were detailed for picket
dutv What is the character of such military
civil ofbcerl This bill declares that he shall
perforn the duties of the CIVIL ONCE 10 whlch ht
is detailed 1t is clear, however, that he does
not lose his position in the military service; H'
is still an ofheer, or soldier Of the army. He Il
still subject the rules and regulations which go
vern IT, and must yield due Difference, respect ano
obedience towards his superiors. The clear lnten
of this section is that the ocer or soldier detailed
to hll civil ONCE must execute its duties aceoEu
ing TO the laws of the State. If he is appointed
Governor of a State he is TO execute the duties a.
provided by the laws of that State, and Tor thl
time being his military character s TO be suspended
in his new civil capacity. IL ne is appointed
State treasurer he must at once assume the Gus
todv and disbursement OF the funds OF the state
and must perform these duties precisely accord
ing TO the laws of the State, for ne Is entrusted
With no other official duty or other omelal power
Holding the office OF treasurer, ana entrusted
with funds It happens that he is required by thu
state laws 70 enter into bond with security, an(
10 take an oath of office; yet from the begin
ming of the bill TO the end there is no provision 10
anV bond or oath OF office, or for any single qual
Acation required under the state law, sueh as re-
sidence. cltizenship, or anything else. Inc onll
oath is that provided tor in the ninth section, bI
the terms of which every one detailed or appointed
10 any civil office in the State Is required $40 TAX
and 10 subscribe the oath OF office prescribed b!
law for the officers OF the United states" Thu
an oficer OF the army of the United states, de
tailed to filI a civil office in one OF these States
gives NO official bond and official oath for the per
formance of his duties, but sa civil ofhcer OF Tn
State he takes the same oath which ne had already
taken as a military ofhcer OF the United states
He is at last a military officer performing eiVl
dnHaa and tha authority under which he acts