Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1867-07-20

To the House Of Representatives OF the Vnite'
States: ~.
return herewith the bill entitled "Ar
act supplementary.to an act to provide
for the more efficient government OF thu
rebel States, passed on the I'd day o
March, 1867, and the act supplementary
thereto, passed on the 23d day Of March
1867 and will state as briefly as posi-
BILE some of the reasons which prevent
me from giving my approval. The IL
one of a series of measures pissed by
Congress during the last four months, on
the subject of reconstruction. The mes
sage returning the act of March "a
last, stated at length my objections to
the passage Of that bill. They apply
equally we'll to the bill now before
me, and am content to refer to taem
and reiterate my conviction that they are
sound and unanswsrable. There are
some points peculiar TO this bill to which
will proceed at once to consider. Tie
first section imports to declare the true
intent and meaning, in some particulars,
of the two prior acts upon this subject. 1t
is declared that the intent Of those acts
was, FIRST, that the existing governments
in the ten rebel States were not legal
State governments and, second, that
thereafter said governments, to be con-
tinued, we're to be continued subject, in
all respects, to the military commanders
of the respective districts, and to the
paramount authority of Congress. Con-
grsss may, by deelaratory act, fix upon
a prior act construction altogether at
variance with its apparent mean
ing, and from the time, at least
when said construction is fixed, the
original act will be construed and mean
exactly what it is stated to mean by the
declaratory statute. There will be then,
from the time this bill may become q
law, no doubt as to the relation in which
the existing governments in those States,
called in the original act the Provisional
Governments, stand towards the United
States-as their relations stood before the
declaratory act. These governments, it
is true, we're made subject to absolute
military authority in many important
respects, but not in all. The language
of the act being subject 70 the military
authority Of the United States, as here
matter prescribed by the sixth section Of
the original act. These governments
we're made, in 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 limit the military
authorities to any particulars or subjects
therein prescribed, but meant to make
it universal. Thus, over all these ten
States, this military government 10 now
declared to have unlimited authority. 1t
is no longer confined to the preservation
of the public peace, the administration
of criminal laws, the registration Of
voters and the uperintendence Of cleo
tons, but in all respects, is asserted to
be paramount to the existing civil gov
ernments. 1t is impossible to conceive
any state of society more intolerable
than this, and yet it is to this condition
that IL, GOO, 900 American citizens are re-
duced by Congress of the United States
over every foot Of the immense territory
occupied by these American citizens.
The Constitution of the United States,
theoretically, is in full operation, 1t
binds all the people there, and should
protect them; yet they are denied every
one of its sacred guarantees. And Of
what avail will it be to any one Of these
Southern people, when guarded by file
Of soldiers, to ask for the cause Of arrest
or 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 0fwhat avail to
demand a trial by jury, protest for wit
nesses, copy of Indictment, the privi-
lege of counsel, or that greater privilege
the writ of habeas corpus The veto of
the original bill of March I'd was based
on two distinct grounds: The inter-
ference Of Congress in duties strictly
pertaining to the reserved powers, and
the establishment Of military tribunals
for the trial Of citizens in time Of peace.
The impartial reader Of that message
viii understand that all it contains with
respect to military despotiIm and martial
law has reference especially to fear,
however conferred on the district com
manders, TO displaee the criminal courts
and assume Jurisdiction to try and pun
ish by Military Boards. Most potentially
the suspension Of habeas corpus was
martial law and military despotism. The
act now before me not only declares that
the intent weD to confer such military
authority, but to confer unlimited
authority over all the older courts Of
the State, and over all officers Of the
State, legislative, executive and Judicial
Not content with the general grant Of
Congress, the second section Of this bin
specifically gives to each military com
mander power 10 suspend or relieve
from Office, or from he performance Of