The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-07-22
MESSAGE OF THE PRESIDENT.
Veto of the Supplementary Military Re
construction Bill.
To The House of Representatives Of the United

Veto of the Supplementary Military Re-
construction Bill.
To The House of Representatives Of the United
I return herewith the bill entitled can act sup
Elementary to en- act entitled An act to PROVIDE
for tho more efficient government OF the rebel
States,'" passed on the second day Oh March,
1867, and the act supplementary thereto, passed
on the twenty-third day Of March, 1857, and Will
state as briefly as POSSIBLE some OF the reasons
which prevent me nom giving 1t my aPprovM; /.
This is one of series Of measures passed Dy
Congress during the last four months on the sub
ject Of reconstruction. The message returning
tho act Of the second Of March last states t length
my objections to the passage OF that measure.
They apply equally well to the bill now before me,
ard am content merely to refer to them and to
reiterate my conviction that they are sound and
unanswerable.
There are some points peculiar to this bill
which will proceed at once to consider.
Tho first section proposes to declare tine true
intent and meaning" in some particulars, OF the
two prior acts upon this subject.
It is declared that the intent Of these acts was
First, that the existing governments IN the ten
''rebel States we're not legal State governments, "
and second "that thereafter said gofernments II
continued, were to be continued subject in all re-
spects to the military commanders OF the respec.
tive DISTRICTS and to tho paramount authority OF
Congress-"
prior act construction altogether at variance with
its apparent meaning, and from the time at least
when such construction ls fixed tho oIlglnal act
will be construed to mean exactly what it is stated
to mean by the declaratory statute There VIII be,
then, from the time this bill may bee 1me 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 military authorities. AS these
relations stood before the decaratory act, these
SSrny II tr11p made 9ubia It To
absolute military authority in many importa ut re-
spects but not IN all, the language of the act be-
ing Subject to the military authority Of The United
States, as hereinafter prescribed" BY the sixth
section Of the original act these governments were
made, "in oil respects, subject to the paramount
authority OF the United States"
Now, by this declaratory act it appears that
Congress did not, by the original act, intend to
subjects therein prescribed, ," but meant to make
it universal. Thus over all these ten States this
military government is now declared to have un-
limited authority. It is no longer confined to the
preservation of the public peace, the administration
ofcrminal law the registration Of voters, and the
superin endence Of elections but n all respec cts"
it Ia asserted to be paramount to the existing civil
governments.
It is impossible to conceive any state Of society
more intolerable than this, and yet it is TO this
condition that twelve millions OF American citizens
are reduced by the Congress Of the United States:
Over every foot OF the immense territory occupied
by these American citizens, the Constitution of
United States is theoretically in full operation. IL
binds all the people there and should protect them,
yet they arc denied every one OF it's sacred guar
artees.
Otwhat avail will it be to any one Of these South
ern people, when seized by file OF soldiers, to ask
for the cause OF arrest or for the production ofthe
warrant? OF wha5 avail TO ask for the privilege Of
bail when in military custody, which knows no
such thing as bail2 OF what avail to demand
trial by Jury process for witnesses, copy for the
indict ent, the privilege Of counsel, or that great
or privilege, the writ Of hQbeas corpus?
The veto of the original act OF the I'd OF March
was based on two distinct grounds tho lnterfer=
ence OF Congress in matters strictly apperteinlng
to the reserved powers of the States and the es-
tablishment of military tribunals for the trial of
citizens in times OF peace. The impartial reader
Of tnat message will understand that all it con-
tains with respect to military despotsm and mar
tial law has reference especially to the fearful
power conferred on the district commanders 10
displacc the criminal courts and assume jurisdic-
ton to try and to punish by military boardsI that,
potentially, the suspension Of babeas corpus was
martial law and military despotism. The act now
before me not only declares that the intent was to
confer such military authority, but also to confer
unlimited military aItRority over all the other
courts of the State and over all the Offices OF the
Stat, legislative, executive and judicial.
Not content with the general grant OF power,
Congress- in the second section Of the bill, speci-
hcally gives to each military commander the pow
er "to suspend or remove from cfice, or from the
performance of official duties and the exercise OF
official powers, any officer or person holding or
exercising, or protesting to hold and exercise any
civil or military Office or duty IN such district, un-
der any power, election, appointment or authority
derived from, or granted by, or claimed under any
so-called State or the government thereof, or any
municipal or other division thereof"
power that hitherto all the departments Of the
Federal Government, acting in concert orS sepa-
ratey, have not dared to exercise is hero attempt
ed to b. conferred on subordinate military OFF,
Ger. To him, as military officer Of the Federal
Government. is given the power, supported by "a
officer Of the State, What ne1tf The division
commander VINO has thus deposed civil officer
is to fill the vacancy by the detail Of an officer or
soldier Of the army, or by the appointment OF
some other person."
THIS military appointee whether an officer, q
soldier, or "some other person" is to perform the
duties Of such officer or person so suspended or
removed. In other words an officer or soldier OF
the army is thus transformed into civil officer.
He may be governor, q legislator, or judge,
duties, he must obey the order. The officer OF the
army must, if detailed" 60 upon the supreme
bench Of tho State with the same prompt obc-
dienee as II he were detailed to go upon court
martial The soldier, if detailed to act as justice
detailed tor picket duty.
What is the character Of such military civil
officer? Tn bill declares that he shall perform
the duties OF the "vi Office to which he is detailed
1t is clear, however, that he does not lose his posi-
ton in The military service. He is still an officer
or soldier OF the army; he is still subject to the
rules and regulations which govern it, and must
yield due difference, respect and obedience to-
ward his superiors. The clear intent Of this sec
ton is that the officer or soldier detailed to fill
civil Office, must execute his duties according to
| the laws of the State,
If he is appointed Governor of State he is to
execute the duties as provided by the laws OF that
State, and for the time being his military charac-
ter Is to be suspended In his civil capacity. II
h, is appointed State treasurer he must at once
assume the custody and disbursem ent Of tie funds
OF the State, and must perform those duties pre-
cisey according to the laws of the State for he Is
entrusted with no other official duty or other
official power. Holding the office of treasurer and
entrusted with funds, it happens that he is re-
quired by the State laws to enter into bond with
security and to take an oath OF office, yet from the
beginning Of the bill to the end there is no pro-
vision for and bond oath of Office or or any sin
gle qualification re 1uired under the State law, such
as residence, citizenship, or anything else. The
only oatn is that provided for in the ninth section
by the terms Of which every one detailed ito take
| and to subscribe the oath OF Office prescribed by
law for officers Of the United States" Thus an
officer OF the army of the United States, detailed
to fill civil Office in one Of these States gives no
official bcpd and takes no official oath for the per-
torrance OF his new duties as OWL officer OF the
State; he only taxes the same oath which ne nao
already taken as military officer OF the United
States. He is, at least military officer perform.
ing civil duties, and the authority under which he
acts is Federal authority olly, and the inevitable
result is that the Federal Government, by the
agency of it. own sworn officers. in effect assumes
| the civil government OF the States.
| A singular contradiction is apparent here. Con
gress declares these local State governments to be
illegal governments, and then provides that these
illegal governments shall be carried Oh by Fedora
officers, who arc to perform the very duties i'm
posed on its own officers BY this illegal State au
thority. 1t certainly would be novel spectacle i
Congress should attempt to carry on legal STATE
government by the agency OF lis owa officers. i
IL yet moro strange that Congress attempts to sus
tain and carry on an lllegM State government b.
| the same cderal agency.
In this Connection I must call attention to thu
10th and 11th sections OF the bill, which provide
that none Of the officers or appointees of these
military commanders, shall be bound IN his &C
tion ny any opinion ot any cilil officer Of the Uni