Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-04-04

rax suYPLxnssYAL RsooBsvsuCyses su.A
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To to Hssss Of kSv@s~sstiss:
have considered the btll entitled IAN
Act Supplementary to ~ Act to Provide
for the More Efficient Government ofthe
Rebel States, passed March 2, 1857, and
to Facilitate to Restoration" and now
return 1t to the Hsuse of Representatives
with my objections. This bill provides
for election In the ten States brought
under the operation of the original act
to which 1t Is supplementary. Its de-
tails are principally directed 70 the cleo.
tions for the formation OF the State con-
situations, but by the sixth section Of
the bill all elections In the States occur.
ring while the original act remains In
force are brought within Its provisions.
Referring to the details, 1t will be
found that first OF all there Is to be .
registration of voters. No one whose
name has not been admitted to the list
Is to be allowed to vete at any of these
elections. To ascertain who is entitled
to registration, reference Is made neces-
sary by the express language Of the sup.
plement TO the original 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-one years old or upward, Of
whatever race, color or previous condi-
ton, who have been resident Of said
State for one year. This is the general
qualification, followed, however, by
many exceptions. No one can be regis
tered, according to the original act, who
may be disfranchised for participation
in the rebellion, provision which left
undetermined the question as to what
amounted to disfranchisement, and
whether, without a judicial sentence,
the act itself provided that effect.
The Supplemental bill superadds an
oath, to be taken by every person before
his name can be admitted upon the reg
istrstion, that he has not been disfran-
chised for participation in any rebellion
or civil war against the United States.
1t thus imposes upon every person the
necessity and responsibility Of deciding
for himself, under the peril Of punish
ment by q military commission if he
makes a mistake. What makes disfran-
chisement by participation in rebellion,
and what amounts to such particips-
ton? Almost every man-the negro as
we'll as the white-above tweHty-o one
years of age, who was resident in the
ten States during the rebellion, volun-
tarily or involuntsrily, at some time and
in some way, did participate in resist
ance to the general government. The
question with the citizen in regard TO
this oath to be proposed must be fear
full one, for while the bill does not de.
clare that perjury may be assigned to
such false swearing, nor FIX any penalty
for the ofense, we must not forget that
martial law prevails; that every person
is snswerable to military commission
without previous presentment by a
grand jury, for say charge that may be
made against him, and that the supreme
authority Of the military commander de-
termines the question as to what is tc
be the measure Of punishment.
The fourth section of the bill provides
that the commanding general of each
district shall appoint as many Boards o.
Registration as may be necessary, con
sisting OF three loyal officers or persons
The only qualification stated for thest
officers is that they must be loyal; they
may be persons in the military servict
or civilian residents of the State, OF
strangers. Yet these persons are to ex
ercise most important duties and decide
what names shall be placed on the reg
lister, and from their decision there is nc
appeal. They are to superintend the
elections, and to decide all questions
which may arise. They are to have thu
custody of the ballots, and to make re
turns of the persons elected; whatever
frauds or errors they commit must pas
without redress. All that is left for thu
commanding general is to receive tn
returns, open the same and ascertain
who are chosen, according to the re
turns of the officers who conducted such
elections.
By such means, and with this sort 0
agency, are the conventions Of delegate
to be constituted. AS the delegates ar
| to speak for the people, common justic
would seem to require that they shoult
have authority from the people them
| selves. No convention so constitutes
will, In any sense, represent the wishe
| Of the inhabitants Of the State, for unde
the all-embracing sections Of these Laws
by construction which the uucertaint
| Of the clause as to disfranchisemeu
leaves open to the board of officers, tn
great body Of the people may be exclud
ed from the polls and from an opportun
ity of expressing their own wishes O
voting for delegates who will faithful
reflect their sentiments.
do not deem 1t necessary further f
investigate the details of this bill n
consideration could induce me to Civ
nv approval to such an election law 70
any purpose, and especially for the grea
purpose OF framing the constitution Of
State. If ever the American citize
should be left to the free exercise Of hi
own Judgment it is when he is engage
Ia the work of forming the fundamer
tai law under which he Is to live; tina
work is his work and 1t cannot properl
be taken out of his hands. ALI this leg
isIation proceeds upon the contrary Al
sumption that the people Of each Of thes
States shall have no constitution eXcer
such as may be arbitrarily dictated b
Congress and formed under the restrain
| of military ruIa pIain abatement {