Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-07-19
Observation-Disclosures.

dent, sent 10 tie House of Representatives this
afternoon, returning without his approval the
supplementary reconstruction act
To the House IF Representatives.
of the United States.
Ireturn herewith the bill entitled IAN act
supplementary to an act entitled AN act to
provide for the more Efficient government OF
the rebel States passed on the I'd day OF March,
1867, and the act supplementary thereto passed
or the sd day OF March, 1887" and Will state
as briefly possible some of the reasons which
p1essnt me rom Siving It my approval
Congress during the last four months on the
subject OF reconstruction. The message re-
turning the act of the I'd of March last states
at length my OBJECTIONS to the passage OF that
measure. They apply equally well 10 the bin
now before me, and l am content merely,
10 refer TO them and 10 reirerate my convic-
ton that they ale sound and unans vera
Bile.
There are some points peculiar to this bin
which will proceed az once TO consider ~'.
The first section proposes to declare the
true intent, and meaning in some particu-
lars OF the Two prior acts upon this subject.
II is declared that the intent of those acts
was-FIs', That the Existing governments in
the ten ssRebel States' "were not legal state
Goyernments,n and,-Secoud, "That thereafter
said governments, If contin ued, were TO be
continued subject In ali respects to the mli-
tary com nanders Of the respective districts,
and TO the paramount authority of Congress"
Congress may, by deciaratory act, fix
upon prior act construction altogether at
the time, at least, when such construction IS
fixed, the original act VIII be construed to
mean exactly what it is stated to mean
by The decial atory statute. There will De,
then, from The time this bill may become
a law, no doubt, no question as to the
rela tiOn il " nich the s.existing tio@ernments''
IN those sLates, called in the orgina! act Is The
military authorizes AS those Relations stood
before The declnratofy act, these govern
ments," II is iIue, Were made INFECT to abso-
N IN n {y,Sv,
spects hut no. in alb the lang Gage OF the act De-
ing "sEhject TO Inc military authority OF the
United States, : herein %rs5erttsd., By ,he
ments were made in az respects subject to
the paramount authority OF the United States .
Now, by this d. claratery act, it appears that
Congress did rof, by the or ginal acl. intend 10
limit the military authority to any particulars
or snfJe cts therefn. prescribed" but meant to
make 1t universal Thus, over all these ten
States TINS military government is now de-
clared 10 have unlimited authority. II Is no
longer confined 10 the presery alton of the prb-
1c Pc ace, the administration OF, criminal law
The registration OF voters, and the spperin.end-
ehoe OF elections: bat SIN all res poets: il is as
serted TO be paramount TO The existing civil
governments. ..-.
II is Impossi ble 10 conceive any state Of So
ciety more intolersble than this, and Yet it is
to this CONDITION that we1ve millions OF Amer.
lean citizens, are reduced by tine Congress OF
the United St;rtes. Over every foot OF the m
mense territory occupied by these American
Citizens, the Constitution. Of the nited Stat.
Is theoretically IN tuil operation. 1t binds all
the people there, and should protect them. Yet
tnty are denied every one vi lis sacred guar
antees. ~
OF what avail Will it be to any one of these
Sou'h bern people when seized by u die OF sol.
Giers % ask for he cause OF arrest, or for he
producnon Of rhe warrant! OF what avail to
ask for the privilege of bail when in military
CUSTODY, which Knows no such thing as baiiY
OF whaTavai1 10 demand q rial by Iury, pro-
cess for wl'ne sses, copy Of rhe indictra, Mt,
The privilege of counsel, or ina greaser priyi-
lege, the writ of hrbgdS ccTE2,s2
The veto OF the original OF he % Of March
was based on Two distinct grounds the in
reference of Congress in matters strictly an
pertaining 20 the reserved pow OF the States
and the establishment OF military tribunals for
tie trial OF citizens IN time Of peace The i'm
partial reader of that message will unders and
that all that II contains with respect 10 mill.
tary despotism and martial law has refer
ence especially TO the fearful power con-
ferred on the district comma nders TO dis
place The criminal courts and assume in.
risdiciion 10 try and to punish by mill
tary boards; that, potentially, the Suspension
OF the hoGtGs corpus. was martial law and mil
Itary despottsm- The act now before me NOT
only declares thai lie intent was TO confer
such military authority, but also % confer uu.
limited military authority over all the other
courts OF the STATE AID over al tae OH GERS of
the State. legislative. executive, and judicial.
Not content with the general grant OF power
Congress. III Inc second section OF his bill.
specifically gives % each military com naRder
tLeIower .'to snspen CT remove from Off &C. or
from IN performance Oh Cf1clal duties, and
the exeI else OF official powers, any on Ger or
person holding or exercising, or protesting to
hCld aud exercise any civil OF mill. ,try office
or DUTY IN such district, under any,power,
election. appointment, or authority derived
from, OF granted by, or claimed nuaer auy So
called Staie-or the goverumeut thereof or any
municipal or otier division hereof -
A power that hitherto all tae departments of
the eceral Government, actinE In concert or
separately, have not dared 20 exercise is here
attempted 10 be conferred on a subordinate ,
! t4rr F-f Ippr p = y.
OF the Federal Goyernme.l', IS given he pow
eT, supported by "a Sufficient military force
TO remove every civ!l ofiieerof the STATE. What
NEXT The district CoInInau der who has thus
displaced & civil off Ger, is authorized to ill
the vacancy by the detail of an officer or SOL
der OF The hrrny, or by the appointment OF
SsoH ctAer person" a ...-
This military arp0iniee, wae her AZ officer.
a soldier, or some other person. is % perform
the duiIss otsuch officer or person so sus pend
ed or removed. IN other words, al officer or
soldier oithe army is mus transfor med into a
civil officer. He may be made Governor a
Legislator, or Jnege. However uRiis he may
deem himself for such civil duties, be must
Obey the order. The officer of the army must
II detailed, go upon the Supreme bench of
the State with the same prompt obedience as
fine were detailed % go upon the court.mar-
of the peace, must obey as quickly as If he
were detailed for picket duty, 81 - .lfly
What IL me eRaraater OF such military
civil otieef!z Tkis bill declares thar he shall
perform The duties OF ne Office 10 which ne is
iai.ed 1t clear however, that he does not
lose his position ialhe military service He
Is sun an Cfheer or soldier of the army; ne is
SIN subject 20 n rules and rec la lons which
govern II and mus yield due Difference. re.
spect and obedience towarr,s his superiors
Tue ciear intent OF this section L. III at the Of
ficer or soldier de,alled TO FIJI civil ONCE
m ust execute his Gu iess according % The VS.
OF the State. II he Is appointed a Governor OF
State, ne Is TO execute the duties as provided
by the laws OF that STATE and for the tlmebe.ns
ms military character is 20 be suspended=in
his new civil capacity. Ii he is appointed a
state treasurer. be must N once assume The
custody and disbursement OF the fun as Of me
State, and must perform those duties precisely
according 10 the laws OF the STATE: for he Ia
entrusted with no other oficial duty or
other official power Holding the ON ce
OF treasurer, and entrusted with funds.
II happens that he rec nired by the Sta,e
laws 10 enter INTO bond with security and TO
take ar oath of OH ce. YET from the beginning
OF the bill TO tha end there 10 no provision for
any bond OF oath OF office. or for any single
qualifc2uon required under the State law
sucn 90 residence. citizenship, or any thing
else The only oath is that provided Tor In the
hl2th seeuon, by tse terms of which ever v one
detailed "to take and Go subs cribe the oath of
ONCE prescribed BY law for officer of the
Iniied States Thus an officer OF ,tne army
Of the United States detailed 70 All = ciy,;
ONCE tn one OF those States, gives M, ottieiri
bond and taxes no off cial oath Tor thu -per.
formance OF his new duties, as eIyll OH GER OF
the State only takes THE same o., h w6Ich he
~ a olvnay }r re- cr n .rIy4.t-