New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-07-20

PRESIDENT THREATENS CONGRESS. REFUSES
TO EXECUTE THE LAW, AND ArIEALS TO
THE BALLOT-BOX.
o IIIIsRAFB o Ins IBHryk.
WASHINGTON. July 70, 1857
To he House Of Representatives. Of ne United states:
/ return herewith the hill, entitled IAN Act
supplementary 10 an act entitled act TO provide for
the more efficient Government of the Rebel States
passed on the I'd day of March, 1861 and the act sup
Elementary thereto passed on the $50 day OF March, 1901
and viii state briefly possible some oil the reasons
which prevent me from giving it myapprova. This is
one Of a series Of passed by Congress during
the last four months the subject of reconstruction
The Message returning act Of the % OF March last
states at length my objections 10 the passage OF al
measure They apply equally well 70 the h now before
me and am content merely 10 rCicr 10 tneln ana 10
reterate my conviction that they sound and un-
answerable.t, There some y points peculiar 10
this bill, which I will proceed at once 20
consider The first section purports 10 declare the true
intent and meaning some particulars Of the Two prior
acts upon this subject II is declared mat the intent OF
those acts was: First that the existing governments III
the ten Rebel States not legal state Governments
and second that thereafter said governments 10 be con
tinued were be continued subject in All respects to the
military commanders their respective Districts, and to
the paramount authority iof Congress Congress may
by dcCaratOry act, fix upon prior act CONSTRUCTION
altogether at variance with its apparent meaning and
from the time least when such construction Is hNed,
the original act will be construed to mean exactly
what il is stated mcaniby the dcclarafory statute
There will be then. from the tine this bill may
become a law, no doubt. no question rs 10 me
relation which the existing Governments ~ lhoNe slaleT'
cglle, i'm he original acts the Provisional Governments
stand toward the United States As those rel ato> tOod
before the declaratoiy act these governments u t
were made subject Ia absolute military authority ~ many
important respects, but not IN all The language ni me tc
bcinp subject ia tho military authority Of the United
states as Hereinafter prescribed by the 9TH section OF the
original act These government W,re hiia' ~ m i,Ge,
subject 70 the paramount authority 81 ne C.a slati
Now. by This decaratory actt appear, lh ,ohkiess 'u
not by the original act intend 10 linl the military ano
ity 10 any par ulars or subjects lheIeth w,
meant 10 make II universal Thus, All over tht>' th
states, this military government J, now u' u'' 10 nav
unlimited authority 10 is no longer confined To the
preservation of the public peace me 'uh,slalon o
tcnence elections hat IN all respects D. "sseiledto DE
paramount 10 the existing cav goNcrhmens; ~ y NJ
thau this. and yet IL Is to tbs condition that Twelve mn
lions of American citizens are reduced bS inc c &
tory occupied 10y these American Iilcns IN CONSTITUTION
81 The United states Theoretically !, n Inn th
Ye they are denied every of It's sacred guarantee
OF what avail will u he to any one Oh Inese
southern people, when seized hy " he "i >oidets,
,v1c,jop of The warrant or what avail 80 ash for the
privilege OF bail when iu muaV custody, which knows
10 such thing a. baii OF what avail 10 demand trial
hv Jury process witnesses copy Of tie Indictment
the pfiycge ~ counsel th greater privilege. the
writ ~ hnboas oorps The yeJ" 81 tho "lsnai vi, on
the "a Of March based on Nv" distinct gr1nds ne
interference of Congress iu matters strictly direitanng
10 he reserved powers Of the state ad ne espiisn
meIt Of military tribunals of me tal "a eh'' ~ I'M
peace. The impartial rcHdcr gi ihal ln' ss.E" wiz
understand that al II contains With Iespol u" ni"'S
despoism, and marital law mas fe'.'u'f 'Hl',tta,';
10 The fearful pnwor conferred ON ih' hIs1le' ON
mandcrs 70 dsnlaco The ttihina ,ou't, 1" 10
assume jurisdiction to iFys aA' 10 F,' 800 ~; 80,
Military Boards that potentially the SUSPENSION o M
habeaS corpus was martial NV anl ul'', 49, ,r
The Net before me not only deciftA 'ha he men.
was 20 confer such military authority but alsp !" confer
IN In ted authority all the other Couut 0 th' state
anu over al the officers oi the state lcf'''
tive and judicial Not content with te general grant al
mower Congress in The second section % tts hh scln
cally gives 10 each l1l..y 'ulhiil' ,l li i ~
pend from office or from the rtn"ih"L'' 90
Ger or person holding. exercising. Iro ssh- i hod
or Ncfcisc any civil military Office or duty 10 -utn az
ity derived from, granted hy. W 'lum'u Hhu't
any so-called STATE, or tine Goycrnmriu th'u'
on any muniapal other division mere
Of power that hitherto an the departments
of tho Federal Government. hcng IN con',Ti ol S9Ps
ratey. have dared 10 exercise, ~ mere t'mp'u W
be- conferred on subordinate military "h'cl. l"hmi
military officer of the Federal Cove nm'n'' ~ F' ven
the power supported by sufficient nahhl I"i1t, to
remove cvcfy civil oil FER OF The United Hiacs. Nha
ncYt Tho district commander who Ia, thus displaced
Inc civil officers authorized to Ill the Nacancl 10y the
detail officer. soldier 81 the army Z" pN tue up
uonfmcut Of .omc0thcr person. THIS military appontet,
whether officer soldier, or some oeI pci'" J, t9
prfo Tho duties ~ such oncci on person 20 ''"uc
or rrnoved. In other words, an officer or soldier
of Inc army j. transformed into civil officer.
lie may DC made = governor. legislator, or q J.us'
however unht lac may deem himself for such dNi duties
he must obey order. Ihe officer Of the army must
detailed upon the supreme Bench Of me STATE WIN
the prompt obedience rs u ne were u'taiu 10 20
upon court martial The soldier, If detailed To ct ~
Justice OF the pcaee must obey quickly ~ u nc N,lt
detailed for picleJduty Nhat - the cndrt't 'u NJ
military civil officer! THIS h declares thtI ne Snail
perform The duties OF The civll Once 10 "hch ne - ue
tailed. IL j. clear, however That he does hot lose hn
position the military service - rlil an o''I oi
soldier of the armyhe is stu subject 10 the luf> aud
regulations WING govern H. ana h,1t 1',u Wv, ~
ence respect and obedience toward his su"rois me
clear OF tins section j. that The oHtti OF "ldci
detailed 10 MI civl once must eNetu'' l's u'
cording 10 the laws Of the State. III ne u appointed
governor state, ne is 10 execute the duties as pCN
died. by the laws Of that state ami Tor w NM o'i,S;
ms military character h Ia be su~rendcd m MS new ''l
capacity If he Is appointed state Treasurer nc must
~ once assume The custody ah" uspui -" G
STATE. and must perform those dlI'N ltlsey a'
cOrding the laws Of the state Tor ne - ihlisle" WIN
| NO other official duty other official power. ll"lu
ing the office OF Treasurer, ana chtrnsleu WIN
funds, IL happens that ho is REQUIRED by ne sa,e aWs ="
enter INTO bond with security aud 10 take an ntth Oh
Office yet the beginning Of the bill tome cnI mere
il no provision any bond OF oath OF Office or Tor any
single qualification required under The stare law hh as
residence, citizenship, anything else Inc 3nl oat
that provided tor IN The 9h seo3n ny W. - ~, VI
which every detailed appointed Ia any clN once
the State Is required to take ana To HseIpe @ 0
of office prescribcd by law for officers OF me mica
States Thus officer o1 the army o the Ihlttu states
detailed 10 mi "A ciy Office ~ one oi ihosc stac- gives
no Official bond and takes official oath 9r the per
forlnance of his duties, but, a. cNh osI o tnc
state univ fakes The same oath which he had already
taken as military officer OF the United states, lie Is az
least a military officer performing ciNl "ul,s "u rue
authority under which hc acts ~ ftuCII Vh!'
aud the inevitable result is that the Federal COY
eminent, by the agency OF It's own h"oiI onoeIs'
m effect assumes the civil government OF The state.
singular contradiction II apparent here Congress de
clarcs these local state yeTDncnI 10 be lesdl Govern
ments and then provides That these lega @
shall be carried by Federal officers VINO are 10 per
the very duties imposed on MS own ny thIs
Illegal state authority. ~ celiaIy Wouu ii
spectacle If Congress should attempt 10 ch On efai
State Government by the agency OF It's own oVcls II is
vet more strange that Congress attempts 10 sustain or
carry on an Illegal state Government by me same FED
cral agency. In this connection must can attention 10
the 10Th and llh sections OF the bl when provides tat
none Of the officers appOntees OF these MILITARY com
audes shall bound in his action by an opinion or any
civil officer OF the Uned states, anu t' ,n' PIoNls
ions OF the act shall be construed lbeay 10 the end
that all the mcnts thereof may he lui ana perfectly
carried out" II Congress supposed hat tins bill
might require construction, and they hN therefore, the
rule 10 be applied But where ~ the construction to come
fromt Certainly no ono can be IN want Of nsruc-
ion than soldier officer OF the army detailed Tor
civil tservice-pcrhaps the most important IN state
with tc duties OF which he altogether unfamiliar This
Mi says he shall not be bound his action by the opinion