The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-04-02
The Presidents Veto of the SUPP
Elementary Il Reconstruction Bill.


70 the House of Representatives:
l have considered the bill entitled "An
Act Supplementary to an Act to provide
for the more efficient government of the
Rebel States,""s passed March 2, 1867, and
to facilitate restoration, and now return
is to the House of Representatives with
my objections
This bill provides for elections in the
ten States brought under the operation Of
the original act,to which it is supplement
tary. It's details are principally directed
to the elections Cor the formation of the
State Constitutions, but by the sixth see
ton of the bill, all elections in the States
occurring while the original act remains
in force are brought within its province.
Referring to the details, it will be found
that, 6rst of all, there is to be registra-
tien of voters, no one whose name has not
been admitted on the list is to be allowed
to vote at any of these elections. To as
certain who is entitled to registration, ref
erence is made necessary by the express
language of the supplement to the origi-
nal act and to the pending bill. The fifth
section of the original act provides as to
voters that they shall be male citizens of
the State, twenty years old or upward,
of whatever race, color, or previous con-
dition, who have been resident of said
State for one year. This is the general
qualification, followed, however, by many
exceptions. No one can be registered,
according to the original act, who may be
disfranchised for participation in the re-
bellion, provision which left undeter-
mined the question as to what amounted
to disfranchisement, and whether, without
judicial sentence, the act itself provi-
ded that effect. This supplemental bill
superadds an oath to be taken by every
person before his name can be admitted
to registration that he has net been dis
franchised for participation in any rebel
lion or civil war against the United
States. 1t thus imposes upon every per-
son the necessity and responsibility of
deciding for himself, under the peril of
punishment by military commission if
be makes mistake. What makes dis
franchisement by participating in rebel
lion, and what amounts to such participa-
ton? Almost every man, the negro as
we'll as the white above twenty one years
of age, who was resident in the ten States
during the rebellion; voluntarily or in
voluntarily, at some time, and in some
way, did participate in resistance to the
lawful authority of the general govern.
ment. The question with the citizen tc
whom tEis oath is to be proposed, must
be fearful one, for while the bill doe:
not declare that perjury may be assigned
for such false swearing, nor tx any zen;
atty for the offence, we must not forget
that martial law prevails; that every per
son is answerable to military commits
sion without previous presentment by a
Grand Jury, for any charge that may be
brought against him, and that the supreme
authority of the military commander de.
termines the question as to what is to be
the measure Of punishment
| The fourth section of the bill provide;
| that the commanding general of each dis.
trict shall appoint as many Boards Of
Registration as may be necessary. consis
ting of three loyal officers or persons
The only qualification stated for these
persons is that they must be loyal; they
may be persons in the military service, OF
civilian residents of the State or stran.
gers; yet these persons are to exercise
most important duties, and are invested
with unlimited discretion. They are to
decide what names shall be placed upon
the register, and from their decision there
is to be no appeal; they are to superintend
the elections and to decide all questions
which may arise. They are to have the
custody of the ballots, and to make re-
turns of the persons elected; whatever
frauds or errors they commit must pass
without redress. All that is left for the
commanding general is to receive the re.
turns, open the same, and ascertain who
are chosen, according to the returns Of
the officers who conducted such elections
By such means, and with this sort oil
agency, are the convention Of delegates
to be constituted.
/ As the delegates are to speak for the
people, common justice would seem to re.
quire that they should have authority
from the people themselves. No conven-
tion so constituted will. in any sense rep
resent the wishes of the inhabitants oi
the States, for under the embracing
sections of these laws by construction
which the uncertainty of the clause as to
disfranchisement, leaves open to the Board
Of Officers, the great body of the people
may be excluded from the polls, and from
all opportunity of expressing their owr
wishes, or voting for delegates who will
4 faithfully reflect their sentiments.
do not deem it necessary further tc
investigate the details of this bill; nc
consideration could induce me to give my
approval to such an election law for any
purpose, and especially for the great pur.
pose of forming the constitution Of q
State.
:. If ever the American citizen should be
left to the free exercise of his own judg-
ment, it is when he is engaged in forming
the fundamental law under which he is
to live. That work is his work, and il
cannot be properly taken out of his hands
All this legislation proceeds upon the
contrary assumption that the people Of
| these States shall have no constitution
except such as may be arbitrarily dicta-
ted by Congress, and formed under the
restraint of military rule. A plain state
ment Of facts makes this evident. In all
! these States there are existing constitu-