Year: 1867

President Nctolnp Tue alnehuhtof1
reconstruction bill;


TO the House Of Representatives Of the


United States


Ireturn herewith the bill entitled
dAn act supplementary TO an act cnti-
tied an act to provide for the more
efficient government of the rebel
States, passed on the I'd day of March,
1867, and the act supplementary there
to, passed on the 23d day Of March,
1867, and will state, as briefly as pos
sible, some of the reasons which pre-
vent me from giving it my approval.


This is one of a series of measures
passed by Congress during the last
four months on tho subject of recon-
struction. Tho message returning
the act of the I'd of March last states
at length my objections to the passage
of that measure; they apply equally
well to the bill now before me, and |
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 l will proceed at once to
consider


The first section purports to declare
the true intent and meaning, in some
particulars, of the prior acts upon
this subject 1t is declared that the
intent of those acts was, first, "That
the existing governments in the ten
rebel States" were rot legal State
governments and second, "That there
after said governments, if continued,
were to be continued subject in all
respects to the military commanders
of the respective districts and to the
paramount authority of Congress. F"
Congress may, by declaratory act,
fix upon prior act construction
altogether at variance with its appa-
rent meaning, and from the time at
least when such construction is fixed
the original act will be construed to
mean axactly what it is stated to
mean by the declaratory statute
There will be, then, from the time
this bill may become a 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 to-
wards the military authority. As
their relations stood before the decla-
ratory act, these governments" ]" it is
true, were made subject to absolute
military authority in many important
respects, but not in all, the language
of the act being osubiect to the mill
tary authority of the United States as
hereinafter prescribed"


By the sixth section of the original
act these governments were made ain
all 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 limit the military au-
tbority to any particulars or subjects
therein "prescribed," but meant TO
make it universal Thus, over all
these ten States, this military govern
ment is now declared TO have unlimi-
ted authority. 1t is no longer con-
fined to the preservation of the pub
lie peace, the administration of Grim
inal law, the registration Of voters,
and the superintendent Of elections,
but in all respects is asserted to be
paramount to the existing civil gov
ernments. 1t is impossible TO con
ceive any state of society more intol-
cradle than this, and yet il is to this
condition that twelve millions OF Amer
lean citizens are reduced by the Con
gress of the United States. Over
every foot of the immense territory
occupied by these American citizens
the Constitution of the United States
theoretically is in full operation. 1t
binds all the people there, and should
protect them; yet they are denied
every one of its sacred guarantees.
OF what avail will it be to any one of
these Southern people, when seized
by file of soldiers, to ask for the
cause of arrest or for the production
of the warrant? Of what avail 10 ask
for the privilege of bail when in mill.
tary custody, which knows no such
thing as bailY OF what avail to de-
mand trial by jury, process for wit
nesses, a copy Of the indictment, the
privilege of counsel, or that greater
privilege, the writ of haJeas corpus? +?


The veto of the original bill of the
I'd of March was based on two distinct
grounds, "the interference of Congress
in matters strictly appertaining to the
reserved powers of the States, and
the establishment of military tribunals
for the trial of citizens in time of
peace" F" The impartial reader Of that
message will understand that all that
it contains with respect to military
despotism and martial law has refer
once especially TO the fearful power
conferred on the district commanders
TO displace the criminal courts and
assume jurisdiction TO try and to pun
ish by military boards that poten-
tally the suspension of the habeas
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 such unlimited military
authority over all the other courts of
the State, and over all the officers Of
the State, legislative, executive, and
judicial Not content with the gen
eral grant Of power, Congress in the
second section of this bill specifically
gives to each military commander the
power TO Suspend or remove from
Office, or from the performance of OIL
oisl duties and the exercise Of official