Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-03-02
To THE HOUSE OF REPRESENTATIVES

meut u tHe AepeI StdteS."
To THE HOUSE OF RkPRxssHTArIvRs:
nave examined the bill s't0 provide for the
more emcient government OF the rebel States''
with the care and anxiety which its rranscen.
dent importance 10 calculated to awaken. 1
grave. that hope a statement of them NAV
ma We come ianuence on the minds Of the pa.
triotic and enlightened men with whom the
decision must ultimately rest
The bill places all the people of the ten States
therein named under the absolute domination
OF mflrtary rulers and the preamble under.
takes 70 give the reason upon which the meas
ure Is based, ana the ground upon which IL Is
justified. Ii declares that there exists in those
States no legal governments, and no adeQ ate
protection for life or property, and asserts the
necessity OF enforcing peace and good order
factf .-.H|
1t is not denied that the States in question
pave each Of Them an actual 60 vern meat, with
all the powers, executive. judicial, and Iegis.
Iative, which properly belong to q free State
They are organized like the other states Of the
and execute the laws which con Germ their do.
nestle affairs. An existing de facto govern.
ment, exerc sing such functions As these, is
ITSELF the law Of the State upon all matters
within Its jurisdiction. To pronounce the SUI
preme law-making power of an established
State illegal, is 10 say that law itself unlaw-
fui. -..
The provisions which these Governments
nave made for the preser alton of order the
suppression OF crime, and the redress of pri-
waite injuries, are In substance and principle
the snme as bose which prevail in the Nerth-
ern States and in other civilized countries
Ihey certainly have not cceeSed In pre- vent.
Ing The commIss on of all crime. nor has this
been accomplished any where in the world
lDere as Well as elsew here, offenders some-
times escape for want of vigorous prosecution
and occasionally, perhaps, by the inc CHENEY
OF courts or the prejadice Of jurors: 1t un-
doubleday true that these evils have been M en-
creased and aggra ated North and Son, H. nv
the d-moralIzing Influences of civil war and
the rancorous passisns which the contest has
eugeDderea. But that these people are main
tanning local Governments for themselves
which habituaily defeat the object of ali gov
eminent and render their own lives and prop
erty insecure, Is In itself utterly improbabie
and the averment of the bill that effect is lot
supported by any evidence which has come to
my knowledge. All the in formation have on
tue SUBJECT convinces me that The masses OF the
Southern people AMI those who control their
public acts, while they entertain d. verse opin
ions on questions OF Federal policy. are com
pie.ely united IN the effort to reorganize their
society on the basis of peace, and TO restore
tbSlr mutual prosperity as RAPIDLY and as com.
pleteiy as their circumstances will permit
1he Dill, however. would seem to show upon
upon It's lace that the establishment OF peace
and good order is not its real Object The i'm
section declares that the preceding sections
snail cease to operate in any State where GER
tam events shall have happened These
events are-First the selection of delegates TO
a State Con vention by an election at which
negroes shall he allowed to vote Second the
formation OF State Constitution by the Con.
vention so chosen. Third, the insertion into
the State Constitution Of a provision which
Will secure the right of voting at all elections
To negroes. and TO such white men as may not
De DISTINGUISHED for rebellion or felony
Fourth, the submission of the Con stitution
for ratification to negroes aud white men not
oisfranchised, and It's actual ratification by
their vote. Fifth, the submission OF the State
Constitution to Congress for examination and
approval. and the actual approval of IL by
that body. Sixth, the adoption OF a certain
amendment TO the Federal Constitution by q
vote OF the Legisiature elected under the ne w
Constitution. Seventh, the adoption of said
amendment by a fficient number of other
states TO make tia part OF the Constitution of the
United States. All these conditions must be
fulfilled before the people of any of these
States can be relieved from the bondage OF
military domination: but when they are full.
niied, men Immediately the pains and penal.
ties OF the bill are to cease, no matter whether
there De peace and order or not. and without
any reference To the security of life or proper.
w. Inc excuse given for the bill in the pre-.
ample ls admitted by the bill itself not to be
real The military rule which il establishes Is
plainly TO be used-not for any purpose OF
order or for the prevention Of crime, but solely
as means Of coercing the people into the
adoption Of principles and measures to which il
Is known that they are opposed, and upon
which they have an undenlable right to exer-
else their own Judgment.
submit 10 Congress whether this measure
10 DOT, In Its whole character. scope, and oh.
)ect without precedent and without authority,
IN paspaoie conflict with the plainest provi-
sions Of the Constitution, and utterly desruc.
I've 70 those great principles of liberty and
humanity for which our ancestors on both
sioes OF tne Atlantic have shed 80 mach blood
and expended so much treasure.
The ten States named in the bill are divided
into hve districts. For each district an officer
OF the army. not below the rank Of brigadier
pie; and he is 10 be supported with an emcient
military force TO enable him to peform his du.
ties and enforce his authority Those duties
and that authority, as defined by the third sec
ton Of the bill, are, alto protect all persons ia
tneir rights OF perto and property, to suppress
instruction, disorder aud violence, aud to
Pp ,ns or cause 70 be punished all dlsturbers
thus gwen TO the commanding oficer over all
the people Of each district Is that OF an abso-
lutte monarch. HIS mere will is to take the
the only rule applicable to the subjects placed
under his control, and that is completely dis.
placed BY the clause which declares ali ia
and void. He alone is permitted to de.
termine what are rights Of person or
property, and he may protect them in such
nss Is 70 s, MS ,e dscrs.on may seem proper
goods In MS district, and he may distribute
them without let or hindrance to whom he
pleases Being bound by no State law. and
tnere being no other law 10 regulate the sub.
Ject, he may make a criminal code of his own:
and he can make 1t a. bloody as any recorded
In history, or ne can reserve the privilege of
acting upon the impulse Of his private pas.
sions in each case that arises He is bound by
NO rules Of evidence; there In indeed no pro.
vision by which he is authorized or required
70 take any eviden ce at all Everything is a
crime which he chooses to call so, and all per-
sons are condemned wnom he pronouuces to
be guilty. He 10 not bound to keep any record,
or make an y report OF his proceedings. He
may arrest bis victims where yer he finds them
without warrant accusation or proof OF pro.
bable cause. II he gives them a trial before he
lnhicfs the punishment he gives it Of his grace
and mercy, not bscause he IL commanded SO
70 do. .li-| ; -'-.- '.I'I7-
To casual reader OF the bill, it might seem
that some kind Of Trial was secured BY IL to
persons accused Of crime; but such is net the
case The omcer "may allow local civil trt.
ounals 70 try Offenders" but Of course this
does not req uire that he shall do So an state
Or Federal court presunes TO exercise its legal
Jurisdiction BY the trial Of q malefactor with.
put his special permission. he can break It up,
and punish the judges and jurors Is beng
themselves malefactors. He can save his
friends fren justice, and despoil his enemies
70 Justice.
1t 10 also provided that che shall have DO wer
70 organize military commissions or tribanals:''
but this power he 10 not commanded TO exer-
cse. Ii Is merely permissive, and 10 to be used
only "when IN his Judgment IL may be neces.