Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1867-07-26
VETO MESSAGE OF THE PRESIDENT.

To the House of Representatives. Of TIL
Tinted States return herewith the bill
entitled ''An act supplementary to an ac
entitled AN act to provide Tor the more Ell
Hcient government of the rebel States,
Dassed on the 2d day of March, 1867 and
the act supplementary thereto. passed on
the odd day of March, 1867, and will state
rs briefly as possible some of the reasons
which prevent me from giving it my APP
prevail.
This is one of O series of measures pass
ed by Congress during the last four months
on the subject of reconstruction, The mes
sage returning the act of the I'd of March
last states at length my objections to the
passage of that measure. They apply
equally we'll to the bill now before me- and
am content merely to refer to them, and
TO reiterate my conviction that they are
sound and unanswerable.
There are some points peculiar to this
bill which | will proceed at once to consld-
er:
The first section proposes to declare "'the
true intent and meaning" in some partic-
ulars, of the two prior acts upon this sub
lect.
It is declared that the intent of those
acts was First that the existing govern
nents in the ten ''rebel States were not le-
thereafter said governments, if continued
we're to be continued subject in all respects
to the military commanders of the respec-
tive districts, and to the paramount authOrl-
y of Congress-.
Congress may, by declaratory act, fix
upon a prior act a construction altogether
at variance with its apparent meaning, and
from the time at least when such cOnstruc-
ton is fixed the original act will be con-
strued to mean exactly what it is stated to
mean by the declaratory statute. There
will be. then, from the time this bill may
become law, no doubt-no question-as
10 The relation in which the ''eXisting gov
ernments" in those States, called in the
original act 1.-THE provisional governments"
stand toward the military authorities. AS
these relations stood before the declaratory
act, these governments it is true, were
made subject to absolute military authority
in many important respects but not IN all
the language of the act being Subject to
the military authority of the United States,
as Heyefuufl7' prescribed" BY the sixth
section of the original act these govern
nents were made, I'm all respects, subject
to the paramount authority OF the United
States"
Now, by this declaratory act it appears
that Congress did not, by the original act,
intend to iiElt the military authority to any
particulars or subjects therein "prescrib-
cd, " but meant to make it universal Thus
over all these ten States this military gov
eminent is now declared to have unlimited
authority. It is no longer confined to the
preservation of the public peace, the adj
ministration IF criminal law, the registra
ton of voters, and the superintendent of
elections, but "in all respects it is asser-
ted to be paramount to the existing civil
governments.
1t is impossible to conceive any state of
society more intoIerable 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 citizens, thes constitution
Of the United States is theoretically in full
operation. It binds all the people there,
and should protect them, yet they are de-
med every one of its sacred guarantees.
Of what avail will it be to any one Of
these Southern people, when seized by a
file Of soldiers, to ask for the cause of ar
rest, 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 bail? OF what avail to
demand a trial by jury, process for witness
ses, a copy OF the Indictment, the privilege
Of counsel, or that greater privilege, the
WIT OF habeaS corpus
The veto OF the original act Of the %
OF March was based on two distinct grounds
the interference of Congress in matters
strictly appertaining to the reserved pow
ers of the States, and the establishment of
military tribunals for the trial of citizens
III times of peace. The impartial reader OF
that message will understand that all it
contains with respect to military despotism |
and martial law has reference especially to |
the fearful power conferred on the district |
commanders to displace the criminal courts |
and assume Jurisdiction 20 try and to pun
ish by military boards that, potentially, |
the suspension of habeas corpus was mar
tial law and military despotsm. The act
now before me not only declares that the |
intent was to confer such military author- |
ty, but also to confer unlimited military
authority over all the other courts of the
State, had over all the Offices of the State
Legislative, executive and judicial
Not content with the general grant of |
power, Congress in the second section of
this bill, specifically gives to each military
commander the power 6 to suspend or re-
move from Office, or from the performance
Of official duties and the exercise of official
powers, any officer or person holding or exer-
cising or protesting to hold and exercise, any
civil or military Office or duty in such district,
|
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"
power that hitherto all the depart
ments of the federal government, acting in
concert or separately, have not dared to
exercise, is here attempted to be conferred
on Il subol dinate military officer To him,
as a military officer of the federal govern
ment, is given the power, supported by ga
sufficient military force" to remove every
civil officer of the State. What next ?-I
The division commander who has thus de-
posed a civil officer is to fill the vacancy by
the detail of an officer or soldier of the
army, or by the appointment of ''some
other person"
This military appointee, whether an Off
Ger, soldier, or "some other person." is
to perform the duties of such officer or per-
son SO suspended or removed. In other
words, an officer or soldier of the army is
thus transformed into a civil officer He
may be made a governor, a legislator, or
Judge However unfit he may deem him
self for Such civil aUtiaS he rouct obo1 tbu