The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-03-12
To the House of Representatives:

To the House Of Representatives:
have examined the bill ito provide for the
mora efficient GOVERNMENT of the rebel States"
with the care and anxiety which its transcen-
dent inheritance is calculated to awaken. L am
unable to give it my assent for reasons so grave,
that T hone a statement Of them may have some
influence on the minds of the patriotic and en-
lightened men with whom the decision must
ultimately rest
The bill places all the people ofthe ten States
therein named under the absolute domination
of military rulers; and the preamble undertakes
to give the reasons upon which the measure Is
based, and the ground upon which 1t is Justified
1t declares that there exists in those States no
legal governments, and no adequate protection
for life or property, and asserts the necessity OF
enforcing peace and good order within their
limits. Is this true as matter of fact?
It is not denied that the States in question
have each of them an actual government, with
all the powers, executive, judicial and lagisla-
tive, which properly belong to free State
They are organized like other States Of tn e
Union, and, like them, they make, administer
and execute the laws which concern their do
nestle affairs. An existing de facto govern
ment, exercising such functions as these, is IT.
self the law OF the State upon all matters within
its jurisdiction. 10 pronounce the supreme
'law-making power of an established State illegal,
is to 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 principle the same
as those that prevail in the Northern States and
in other civilized countries They certainly
have not succeeded in preventing the commits
sion of all crime, nor has this been accomplished
anywhere in the world. There, as well as else
where, offenders sometimes escape for want Of
vigorous prosecution, and occasionally, perhaps,
by the inefdciency of courts or the prejudice of
jurors. 1t is undoubtedly true that these evils
have been much increased and aggravated,
North and South, by the demoralizing influences
Of civil war, and the rancorous passions which
the contest has engendered. But that these
people are maintaining local Governments for
themselves which habitually defeat the object
of oil government and render their own lives
and property insecure, is in itself utterly i'm
probable, and the aveItment of the bill to that
effect is not supported by any evidence which
has come to my knowledge. All the informa-
ton l have on the subject convnces me that
the masses of the Southern people and those
who control their public acts, while they enter
tain diverse opinions on questions of Federal
policy, are completely united in the effort to
re-organiZe their society on the basis of peac ,,
and to restore their mutual prosperity rapid
ly and as completely as their circumstances will
permit.
The bill, however, would seem to show upon
its face that the establishment os peace an /
good order lis not its real object. The fifth Sec
ton declares that the preceding sections shall
cease to operate in any State when certain
events shall have happened. These events are
First. the selectinn of deleoatos To State
Convention by an election at which negroes
shall be allowed to vote. Second, the forma-
ton OF a State Constitution by the Convention
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 be dsfran-
chised for rebellion or felony. Fourth, the sub.
mission Of the Constitution for ratification to
negroes and white men not DISTINGUISHED, and
its actual ratification by their vote. Fifth, the
submission of the State Constitution to Congress
for examination and approval, and the actual
approval OF 1t by that body. Sixth, the adop-
ton OF certain amendment to the Federal
Constitution by vote of the Legislature elected
under the new Constitution. Seventh, the
adoption of said amendment by sufficient
number OF other States to make it 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 fulfilled, then Immediately the pains and
penalties of the bill are to cease, no matter
whether there be peace and order or not, and
without any reference to the security Of life or
property. The excuse given for the bill in the
preamble is admitted by the bill itself not to DO
real. The military rule which it establishes is
plainly to be used-pot for any purpose of or
der or Tor the prevention of crime, but solely as
means OF eoereing the people into the adop-
ton OF principles aud measures, to which it is
known that they are opposed, aud upon which
they have an undenlable right to exercise their
own judgment.
submit to Congress whether this measure
is not, in its whole character, scope and object,
without precedent aud without authority in
palpable conflict with the plainest provisions of
the Constitution, and utterly destructive of
those great principles of liberty and humanity
for which our ancestors on both sides of the At
lantlc have shed SO much blood and expended
so much treasure.
The ten States named in the bill are divided
into FIVE districts. For each district an officer
of the army, not below the rank of BrisaGier
General. is to be appointed to rule over the peo-
pie; and he is to be supported with an efficient
military force to enable him to perform his du-
ties and enforce his authority. Those duties
and that authority, as defued by the third Sec
tion OF the bill, are, 'to protect al. persons in
tner rights OF person and property, to suppress
insurrecticn, disorder and violence, aud to pun
ssh or cause to be punished all disturbers of the
public peace or criminals" The power thus
given to the commanding officer over all the
people of each district is that of an absolute
monarch. His mere will is to take the place of
all law. The law of the States is now the onlv