The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22
MESA gle OF rIIE rnEsIpEsr.
Veto OF tho Supplementary Military Rc
construction Bfll. ..
10 Me housc Of Representatives. Of me Unac,

return herewith the bill entitled "hu act sup-
ior the moro efficient government of tho robcl
1867; ard tlle act supplementary Thereto, pavsed
stale ~. briefly US ossiblc como of tho reasons
Which prevent mo hoin giving ii my approval.
, Jhis ii ono Of scrics OF measures passed by
Congress during the last four months on the SUBJ
jcct OF rccorstruction. Tho mcssngc returning
tho act OF tlo second Of March last Htatos Mt length
They apply equally wen 10 The bill now bcroro me-.
and l am content merely to refer to them and 10
reiterato M; conviction that they nre sound aud
There arc somo points peculiar to this bill
which will proceed at once 10 consider.
INC iirst section proposes to declare "tho tr,Ic
80 prior nets upon this subject.
II is declared that tho intent OF these ncts was
First that tho existing governments in the, ten
and second, "that thereafter said goiernmonts II
continued, we're TO bc continued subject in all re-
spccts to the military commanders OF tho rcspcc-
i've districts, and to the paramount authority Of
Congress-
Congress may by Il declaratory act ilx upon
prior act construction altogether at vr r,auco with
its apparent meaIg, and from tho time at leapt
when such construction is fixed the original act
will DO construed TO mean exactly what it is stated
TO mean by le dcc!nratUry statute. There will be-
then from the time this bill may bee ,nc law, no
dunt-no qucstion-as to tho relation in which
the existing governments" in those States called
i'll THO original act the provisional governments
stand toward tho military authorities. Az these
relations stood before tho dcclarntory act, these
governments IL is true, woro made subject to
absolute military authority i'll many lnportant re-
spccts, but not IN nl tho language of the act be-
ing subject TO the military authority of tho United
section Of the original net these governments were
authority of the United Staics." = =
Now, by tins declaratory act it appears that
Congress did not, by tho original net, intend 10
limit tho military authority to any particulars or
subjects therein prescribed" but meant to make
II
military government is now declared to lave un-
limited authority. II is no longer col fined to the
preservation of the public peace the administration
ofcrninal law, the registration Of voters, and tho
supcrin Of elections, bet .n NIL rcspc cts
it il asserted to bo paramount to the existing civil
governments.
1t is impussibc to conceive any state of society
more intolcrablc than this, and yet it Is to this
condition that twGlyo millions of American citizens
nro reduced bY the CoDgress Of tho United Stato,.
Over every foot of tho Immense territory occupied
by theso American cit;zols, tho Constitution of tho
United States 10 theoretically in full operation It
yet they arc denied every ono OF it's sacred guar
antees
OF what avail will it be to any ono of these South
ern people, when seized by filc Of soldiers to aak
for the cause OF arrest or for Tho production oftho
warrant? of wha avail to ask for tho privilege OF
bail when in military custody, which knows no
trial by jury process for witnesses, copy for the
indictment, he privilege Of counsel or that great
Tho veto OF the original act of tho Cd OF March
was based OH two distinct grounds tho intcrrcr-
encc of Congress in matters strictly nppcrainng
to tho re served powers OF the States aud tho ca.
tablishmont OF military tribunals for tho trial OF
citizens i'll times OF peace. Tho impartial reader
OF that message will understand that all It con-
tains with respect to Militury dcspotsm and mar
tial law llus reference especially to tho fearful
power conferred OIL tho district commanders 10
displaco the criminal courts and assune iurisdic-
t'n TO try and TO punish by military boards; that
potentially, tho suspension of habeds corpus was
martial law and military despotism. Tho net now
before mo not only declares that Tho intent was to
unlimited military authority ovcr oil tho other
cnnrts OF tho Stntc and over all tho Offices of the
Stat, legislative executive and judicial.
Not content with tho general grant OF power,
Congress-, in the second section of tho bill, Bpeci
ticaily gives to each military commander tho pow
or TO suspend or remove from cfiicc, or from tho
Official powers, any officer OF person holding or
exercising, or protesting 10 hold and exercise any
cril or military Office or duty IN such district, In
der any power, election, appointment or authority
derived ,on,, or granted by, claimed under any
so-ca!led State OF the government thereof, or any
municipal or other division thereof"
power that hitherto all the departments of tho
Federal Government. acting in concert orr sopa-
rntcly, have not dared to exercise is hero atompt-
cd TO b. conferred on subordinate military Off
Ger. 10 him, MS military officer Of tho Federal
Government. is given tho power, supported by Z" o
sufficient military torco,"to romoIo ovcry civil
officer OF the Stato. What next2 Tho division
commander WHO has thus deposed e civil ofioor
is 70 fill tho vacancy by tho detail OF an officer or
soldier Of tho army, or by the appointment of
Tnis military appointee, whether an officer,
soldier, or 'some othor person." is to perform tho
duties OF such officer or .porson 30 suspended or
the nrmy is thus transformed into civil officer.
aoy Ho may DC ga; governor, legislator, or judge;
beach Of TIC State With tks % ssmo pr prompt aiOS obos
dicnco as II he wero detailed to go Upon q court
HOlJipr NJ ,nI 10 nj a
OF tho penco must oboy ns quickly ns il he wore
detailed Tor picket duty.
oficerP This bill declares TINT ho ehoil perform
the duties OF tho "ivil oro 10 which o ia detailed
Il is clear, however, that ho does not losu his posi-
ton in tho military service. ho is sti nm oflcer
or soldier OF tho army; ho B still subject to tic
rules alui regulations which govern IL, and must
yioli duo dcieronce, respect and Obedience 10,
tion is that tho officer or soldicr detailed 10 fill
civil office, must execute his duties according to
tho laws Of tho State
II ho iB appointed Governor Of State, no is 10
execute the duties provided by tho laws OF that
Stnto, md for tho tino boin3 his military chnrac
ter is to be suspended in his new civil capacity. II
assume tho custody aud disbursem ,nt OF tie funds
OF the State nnd must perform those duties pro,
eisty according to tho laws Of the State; for ho
Official power. Holding tho ofico of treasurer and
entrusted with funds, it happons that ho is re-
quired by tho State laws to enter into bond with
v
beginning Of tho bill to tho end thoro IL no pro-
vision for ant bond oath OF Office or ior any sim
gle qnallteaGp: 70 Iurcd undnr tho State law such
nB Residence, citizenship, or anything clsc., Tho
only oatn Ii that provided for in tho nInt soctlon
ny the terms OF which oycry detailed ito tako
and to subscribe tho oath Of Oifico prescribed by
iaw Tor officers OF the United States." Thus an
oiiicer OF tho army OF tho United Statos detailed
70 M civil unlco in ono Of thoHo Stntos gives no
1,hOal DON, and tales no Official oath for tho per-
i9inanGo OF Ills new duties qs civil officer Of tho
State ho only takes the samo oath which iio had
already taken MS military officer OF tho Unitol
Statcs lie IL, ut least military officer perform
ing clVli duties, and tho authority under which bo
acts III Federal authority only and tho Inevitable
| result 10 That tho Federal Government by The
Agency OF its own sworn officers In OBJECT aasumos
| tho cipil government OF the States.
n st,Huiar contradiction 10 apparent here. Con-
| illegal governments and then provides that thceo
Illegal governments shall bo carried on by cdernI
| officers, who arc TO perform the very dutins i'm
posed on its own officers by this illcsai Stafo nm
thority It certainly would bo novel spccta clo H
Congress Hhonld nlompt 10 carry OH a iogal State
government by tho ngoncy or its own officers. II
is yot moro strange thu Congress attempts TO sua
tain nnd carry OH all illegal Btato voyornmenf hv
| tho same rederal agency. =
| In this connection must call attention 20 tho
10lh and 11th ecctions OF tho BILL which provide
that mono OF tho officers or nppointecs of thcse
| military commanders, ''shall DO bound in his ac.
tion by any opinion Ol any pisil of3oor Of tho uni
tod States. anq tiat all tho provisions Of the aoi
'.shali DO continued literally to tho ond, that al
tho intonts thereof may bo fully and perfectly
/ carried out"
1t .eGr Congress supposed that this bill NIGH,
require construction, and they FIX, therefore, thc
1 t,h al D,,t