The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-08-06
President Johnson,s Veto Of the
Supplementary reconstruction
Bill,
To the House Of Representatives of tie

To the House Of Representatives of the
| Omitted States:
| return herewith the bill entitled can
act supplementary to an act entitled an
act to provide for the more efficient gov
Iernment of the rebel States, passed on
1.-THE I'd of March, 1867, and the act sup
Elementary thereto passed on the 23d day
lof March, 1867, and will state as briefly
las possible some of the reasons which
prevent me from giving it my approval.
This is one Of a series Of measures
passed by Congress during the last four
months on the subject of Reconstruction.
The message returning the act of the I'd
of March last states at length my objec-
Itions to the passage of that bill. They
|apply equally we'll to the bill now before
lme, and I am content merely to refer
Ito them, and to reiterate my convic-
tion that they are sound and unanswera-
BILE.
| There are some points peculiar to this
lbill which | will proceed at once to con-
isider. The first section purports to de-
Iclare the true intent and meaning in some
particulars of the two prior acts. Upon
this subject it is declared that the intent
lof these acts was first, that the existing
Governments in the ten rebel States were
mot legal State Governments, and that
thereafter said Governments to be con-
ltinued were to be continued subject in all
respects to the military commanders Of
1.-The respective districts, and to the para.
mount authority Of Congress.
| Congress may, by declaratory act, fix
upon a prior act construction altogether
at variance with its present meaning, and
from the time at least when said construc
ltion is fixed, the original act will be con.
lstrued and mean exactly what it is sta
ted to mean by the declaratory statute
There will be then from the time this bill
may become law, no doubt,no question,
as to the relation in which the existing
! governments in those States, called in the
original act the provisional governments,
stand toward the United States as these
relations stood before the declaratory act.
These Governments, it is true, were made
subject to absolute military authority in
many respects, but not in allthe language
of the act being, "subject to the military
authority of the United States,as herein
after prescribed" By the 9th section OF
1.-THE original act these governments were
| made in all respects subject to the para
mount authority of the United States
Now by this declaratory act, it appears
that Congress did not, by the original
act intend to limit the military authority
to any particulars or subjects therein pre-
scribed, but meant to make it universal.
, Thus, over all these ten States this mil
itary government is now declared to have
unlimited authority. 1t is no longer con-
fined to the preservation of the public
peace, the administration of criminal laws.
the registration of voters, and the super.
lintendence of elections; butin all respects
!, is asserted to be paramount to the exist;
g ing civil Governments.
1t is impossible to conceive any state
Il of society more intolerable than this, and
e vet it is to this condition that twelve mil
-Ilions of American citizens are reduced by
Q the Congress of the United States. Over
: every foot of the immense territory occu
pied by these American citizens,th Con
r stitution of the United States, theoreti.
9 cally, is in full operation.
e It binds all the people there, and should
: protect them; yet they are denied every
: one of its sacred guarantees. Of wha
}. avail will it be to any Of these Southern
e people, when seized by file of soldiers
0 to ask for the cause of arrest or the pro
j duction of the warrant OF what avail
to ask for privilege of bail when in mill
e1 tary custody, which knows no such thing
e as bail9 OF what avail to demand tria
i by Jury, process for witnesses copy Of the
II Indictment, the privilege of counsel, o.
that greater privilege, the writ Of babea
Q tcerpuss
b The veto of the original bill of I'd 0
L March was based on two distinct grounds
+ the interference Of Congress in dusie
II strictly pertaining to the reserved power
n of the States, and the establishments o
le military tribunals for the trial of citizen
b, in time o. peace. The impartial reade
il of that message will understand all
N contains with respect to military despot
l. ism and martial law has reference espe
1T cially to the power conferred on the dis
z trict commanders to displace the crimina
II courts and assume jurisdiction to try. am
IS punish by military boards. Most poten
nj TALLY the suspension Of habeas corpa
'ol was martial law and military despotism
l. The act now before nae not only declare
ID that the intent was to confer such militia
ry authority, but to confer unlimited au
lg thority over all the other courts of th
IN State and over all the officers of the Stat
= Legislature, executive and judicial.
m aNot content with the general gran
al Congress, in the second section of thi
= bill, specifically gives to each militar
IS commander power to suspend or relley
IN from Office, or from the performance
IN official duties, and the exercise of officii
We powers, any officer or person holding
1professing to hold or exercise any civil
in military Office in such district, under an
a. power, election or appointment, derive
lie from, or granted by, or claimed under,a
III so-calIed State,o the government thereo
BIT or any municipal or other division there
Id of"
n A power that, hitherto, all the depar
IS, ments of the Federal Government, actin
~ in concert or separately, have not dare
IN to exercise, is here attempted to be col
be ferred on a subordinate military othce
u, To him, as military officer of the Fec