Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-03-05
nee PRESIDENT PIRM.


have examined the bin 10 provide lo
the more efficient government Of the Rebe
States with care and anxiety, which it.
transceDdant imp0rtanee Is calculated e
awaken. ana unable b give IL my assent
for reasons so grave that / hope a stale
Tnent Of them may have some Influence on
the minds Of the patriotic and enlightened
with whom the decision must rest The
bill places all the people Of The ten States
therein named under the absolute domino
nation Of military rulers, and the preamble
undertakes 10 give the reasons upon which
II is justified. /, declares that there exists
IN those state no legal State governments
and adequate protection to life and proper
~, and asserts the necessity Of enforcing
peace and good order within their limits.
IL Is true a. a matter Of fact, and IL is not
denied that the States in question have
each Of them an actual government, with
al the powers executive, judicial and leg
islative, which properly belongs TO a free
State. They are organized like the other
STATES Of the Union, and, like them, they
make, administer and execute the laws
which concern their domestic affairs. An
existing de iaaO government, exercising
such functions as these is itself the law of
States upon all matters within its iurisiic-
ton. To pronounce the supreme law
making power Of an established State lille
gal, is 20 say that law itself is unlawful.
The provisions which these governments
have made for the preservation of order,
the suppression OF crime, and the redress Of
private Injuries are in substance and prin
ciple The same as those which prevail IN
the Northern States and other civilized
countries. They certainly have not sue
ceeded in preventing the commission Of all
crime, nor has this been accomplished any
where in the world. There, as well as
elsewhere, offenders sometimes escape for
want Of vigorous prosecution, and OCCASION
ally, perhaps, by the inefliciency Of courts
or the prejudice Of jurors. IL is undoubt-
eddy true that these evils have been much
increased and aggravated both in the North
and South 10y the demoralizing influence Of
civil war, and by the rancorous passions
which the contest has engendered +; but that
these people are maintaing local gov
ernments for themselves, which habitually
defeat the object Of all governments, and
render their own lives and prop rty
insecure is in itself utterly improbable;
and the argument Of the bill TO that effect
IL not supported by any evidence which
has come 10 my knowledge All the infor-
nation ! have on the subject convinces me
that the masses Of the Southern people, and
those who control their public acts, while
they entertain diYerse opinions on questions
of Federal policy, are completely united
~ the oitOrt 20 reOrganize their society on
the basis Of peace, and restore mutual pros
perlty as rapidly and as completely as their
circumstances will permit. The bill, how
ever, would seem to show upon its face that
the establishment Of peace aud good order
IS not its real object. The fifth section de-
clares that all the preceding sections shall
cease 20 operate IN any State where certain
events have happened. These are lst
The selection Of delegates 70 State con-
veEiion by election, at which negroes shall
be allowed 10 vote. ID The formation Of
State Constitution by the convention 30
chosen. 81. The insertion into the State
constitution Of provision which win Sc
cnre the right Of voting at all elections 10
negroes and such white men as will not be /
disfranchised Tor rebellion or felonies. 4th. |
The suhnission Of She constitution Cor rati- |
tication 10 negroes and white men not dis |
franchised and It's actual ratification hy !
their vote. 5th. The submission of the !
State constitution 10 Congress for examina-
ton and actual approval OF il by that body.
9th. The adoption Of certain amendment
10 the Federal constitution by vote of the
Legislature elected under the new oonstitu-
ton. 18th. The adoption Of said amendment
by sufficient number Of other States 10
make it part of the constitution of the
United States. An these conditions must he
fulfilled before the people Of any Of these
States can be relieved from bondage and
military dominion, bat when they are ful-
filled then the pains and penalties of the
bill are 10 cease, no matter whether there
be peace and order or not without refer
euce 70 the security of life and property.
The excuse given for the bill. in the
preamble is admitted by the bill itself not
TO be real The military rule which il
establi shes il plainly 60 be used not for
any purpose of order aud for the pre-
vention Of crime, hut solely as q means of |
Coercing the people into the adoption of |
measures 20 which il is known they are op- |
posed, and upon which they have au unde- |
niable right 10 exercise theirown judgment.
! submit to Congress whether this measure
a. not an its whole scope aud object, with |
out precedent ana without authority; in
palpable conflict with the plainest provi- |
slons of the Constitution, and utterly des-
tractiye Of those great principles of liberty
and humanity for which our ancestors, on
both sides of the Atlantic, shed 80 much
blood and expended somueh treasure. The |
ten States named in the bill are divided
into five districts For each district an Of |
6cer Of the army, not below the rank of |
Brigadier General, is 10 be appointed TO
rule over the people, and he Is 10 be sup |
ported by efficient military force 10 enable /
him 10 perform his duties. That authority, |
as defined by the second section Of the bin. |
is 10 protect all persons in their rights of |
person and property, 10 suppress disorder
and violence, and 10 punish or cause To he |
punished all disturbers Of the public peace
or criminals The power thus given TO the
commanding officer over all the people of
each State is that of an absolute monarch
his mere will is 10 take the place Of all
law; the law OF the States is only rule
applicable TO the subject placed under his
control, and that is completely displaced by
the clause, which declares that all inierfer-
ferance of the State authority is to be null
and void. He alone il permitted 10 deter
mine what are the rights Of person and pro-
perty. He only protects them in such a
way a- his discretion may seem proper, and
places at his free disposal all the lands and
goods oi has district. lie may distribute
them without lei or hindrancc 20 whom
he plesses. Being bound by no Stale
law. and there being no other law 90 recu.
late the subject, he NAV make a criminal
code Of his own, and he can make il as
bloody as any recorded in history, or he
can reserve the privilege Of acting upon
the impulses OF his private passions In
each case that arises he is bound by no
rules of evidence. There is indeed no pro-
vision by which he Is authorized or re-
quired 90 take evidence nj all. ANYTHING
Is crime which hc chooses 10 call 80. and
all persons are condemned whom he pro
uounces quilts. lie is not hound 20 make
any report OF keep any record of his pro-
ceedings. He NAV arrest his victim when
ever he NAV find him without warrant. ac.
cusation or proof Of probable cause. lfhe
gives them a trial before he inAicts the
punishment, he give of his grace and
mercy. net because be Is commanded 80 20
do. To q casual readerof the bill IL might
seem that some kind Of a trial was secured
20 persons accused OF crime, bat such Is not
the case. The officer NAV allow the local
civil tribunals totry offenders, bot of course
this does net require that he shall do -.