The New York herald., 1867-03-03
PRESIDENTIAL VETOES.
Return Of the Reconstruction
Bill to Congress.

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~ wAsmsoros. March ., 1851.
rns following Il In, message Of President Johnsos
returning 70 the House Of Representatives the Recon
'struosion bill:- -
To mE Housz or REPRRsEyrAnvks.- -. =
have examined tho bill 80 provids tof the ucfs en-
cient government Of the rebel Staes with the care and
anxiety which It's tanscendant importance 70 calculasst
70 awaken am unable TO give my assent s fessoni
grave that hope statement Of them may have rome
influence the minds Of the patriotic and enlightened
men with whom the decision must ultimately rest.
Tho bill places al the people Of the States therein
named under the absolute domination Of military ruers
and the preamble undertakes to give - upon
which il is justified IT declares that there exists In
chose States legal governments and adequate pro
lection for life or property and asserts the necessity Of
enforcing psaoe and good order within their limits ID
ths true q matter Of facts II mot denied that tho
States In question have each Of them actua govern.
ment with I'll the powers executive judicial and lsgs-
laave. which properly belong 70 fee State They are
organised like the other States Of the Union and ike
chem they mako, administer and execute tho laws
which concern their domestic affAra An existing
. de faao government exercising such functions "a
these IL itself the law Of ths State upon oil
matters within its jurisdiction. To pronounce the
supreme law-making power OF an established State
illegal to say that law itself unlawful The provi-
sons which these have made for the pre-
seaon Of ORDER the suppression Of crime and the
dress Of private injuries arc iu substance and principle
the those which prevail in the Northern States
and in other civilized countrea They certainly have
not succcsded in preventing the commission Of all
crime nor has this been accomplished anywhere IN the
world There well elsewhere offenders sometimes
escape for want Of vigorous prosecution and OCCASION
ally, perhaps, BY the ineficiency OF courts the
prejudice Of juron 1t is undoubtedly true that
these evils have been much increased and agera-
waited North and South by the demoralizng
influences OF civil war and by the rancorous
passions which the contest has engendered but that
these people are maintaining locai governments for
themselves which habitually defeat the object Of all
government and render their lives and property in
secure s in itself utterly improbable, and the averment
OF the bill to that effect is not supported oy any evidence
which has come to my knowledge. All the information
have the subject convinces that the Of
the Southern people those who control their public
acts while they entertain diverse opinions questions
of federal policy completely united In the effort to
reorganize their society the basis Of peace and to
restore their mutual prosperity as rapidly and as COM
pletely as their circumstances will permit The bill,
however, would to show upon its face that the
establishment Of peace and good order Is its real
object.
The h section declares that the preceding sections
shall TO operate any state when certain
shall have happened. These events are FIRST the seec-
ton Of delegates to State convention by election at
which negroes shall be allowed vote; second, the
formation Of State constitution by the convention
chosen third the insertion into the State constitution
OF provision which will the right OF voting ut
all elections to negroes, and 70 such white
rs may not be disfranchsed for rebellion or
felony fourth, the submission Of the con-
stitution for ratification TO negroes and white men
dsanchised and its actual ratification by their vote
h the submission Of the Slate constitution Congress
for examination and the actual approval Of by that
body SIXTH the adoption Of certain amendment 70 the
federal constitution by vote Of the legislature elected
under the constitution seventh the adoption Of said
amendment by q sufficient number OF other States 70
make part Of the constitution OF the United States
All these conditions be fulfilled before the people
OF any of these States be relieved from the bondage
Of military uominaton but when they fulfilled then
Immediately the pains and penalties OF the bill arc to
cease no matter nere oe and % OF
and properly Thc excuse given for the bill In the pre-
ambe 10 admitted by the bill itself not 70 be real The
not for any purpose OF order for the prevention Of
crime but solely means Of cocrcing the people into
the adoption Of principles and measures TO which u s
known that they opposed and upon which they have
an undeniable right to exercise their own Judgment
submit to Congress whether this measure Is not, In
It, whole character scope and object without precedent
and without authorty-in paipable conflict with the
painest provisions Of the constitution and utterly de-
manity which ancestors on both sides Of the At
lantc shed much blood and expended 80 much trca-
eur6
The ten states named in the bill divided into nve
districts For each district officer Of the army not
Suis over the ,peopie. and he is to b. supported
with efficient military force TO enable him
20 perform his duties and enforce his authority Those
duties and that authority, defined by the third Soc
ton Of the BILL to protect all persons In their rights
OF person and property to suppress insuecton disor
der and violence and 70 punish or cause to be punished
a disturbers OF the public peace or criminals. The
power thus given to the commanding officer over all the
people Of each district that Of absolute monarch
his mere viii is to take place OF all The of
the states the only applicable to the subjects
placed under his CONTROL and that Is completely
displaced by the clause which declares oil in
terference Of the State authority TO be null
aud void. He alone Is permitted TO determine
may protect them In such way as In his discretion
may proper II places at his free disposal all the
lands and goods In his district and he may distribute
them, without let hindrance to whom ne pleases.
Being bound by State law, and there being no other
law TO regulate the subject he may make criminal code
of his own and be mako II bloody as any recorded
In history be the privilege OF acting upon
the Impulse OF his private passions In each case that
arises He Is bound by no rules Of evidence there is,
indeed, no provision by which he Is authorized
Quired 10 take evidence Of ALL Everything CRIME
se 70 c sS ana s al M ooo
bound 70 make any rrport or keep any record
Of bis proceedings He may arrest his victims
wherever he finds them, without warrant accusation
proof Of probable cause he gives them trial before
he nnicts the punishment he gives Of his and
casual reader Of the bill II might seem that some kind
Of trial secured by II to persons accused Of crme
but such Is not the The officer may allow local
civil tribunals TO try ofcnde but Of course this does
not require that he shall do II any state or federal
court presumes exercise its legal Jurisdiction by
the trial OF maefactor without his special permission
he break up and punish the judges and jurors
being themselves malefactorA He can save his friends
from justice and despo his enemies contrary Justice
1t also provided that he shall have power organize
military commissions or tribunals; but this power
be Is not commanded exercise II merely permls-
sve and ID 10 be used only when in his judgment II may
be necessary for the trial Of offenders Even II the
sence O commission made prerequisite 10 the
punishment OF party would be scarcely the slightest
check upon the ocer who has authority organize
"a pleases prescribe Its mode Of proceeding appoint
its members from among his own subordinates and
wise all It's decisions Instead OF mitigating the harsh
ness Of his single rule such tribunal would be used
much probably, to divide the responsibility Of max
Sng II more cruel and unjust Several provisions die
lated by the humanity Of Congress have been inserted
Che bill apparently 70 restrain the power Of the
manding officer, but IL seems to me that they are Of
avail for that purpose
Tl.af auvfh nrov