Year: 1867

more efficient government Of the rebel States
with the care and anxiety which its transcen-
dent importance is calculated to awaken am
unable to give it my assent for reasons SO grave,
that hope 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 Of the ten States
therein named under the absolute domination
OF military rulers and the preamble undertakes
to give the reason upon which the measure is
based, and the ground upon which it is justified.
1t declares that there exists in those States no
legal governments, and no adequate protection
for lite or property, and asserts the necessity OF
enforcing peace and good order within their
limits. Is this true as matter Of fact?


1t is not denied that the States in question
have each OF them an actual government, with
all the powers, executive, judicial and leglsla-
ative which properly belong to a free State. =
They are organized like the other States OF the
| Union, and, like them, they make, administer,
and execute the laws which concern their do
mestic affairs. An existing de Jdcto govern
ment, exercising such functions as these, is it.
! self the law OF the State upon all matters with
| In Its jurisdiction. IO pronounce the supreme
| law making power OF an established State lille
| gal, 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 which prevail in the Northern States
and in other civilized countries. They certain
| ly have not succeeded In preventing the COM
mission Of ali crime nor has this been accom-
piished anywhere in the world. There, as well
as elsewhere, offenders sometime escape for
want OF vigorous prosecution, and occasionally,
perhaps, by the inetilcency of courts or the
prejudice of jurors 1t is undoubtedly true that
these evils have been much increased and ag-
gravated, North and South, by the demorali-
zng 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 all government and render
their own lives and property insecure is in it.
self utterly improbable, and the ayerment oft the
bill to that effect is not supported by any evil
dence which has come to my knowledge. All
| the information have on the subject convinces
me that the masses OF the Southern people and
| those who control their public acts. while they
entertain diverse opinions on questions Of Fed
eral policy, are completely united in the effort
to reorganlze their society On the basis peace,
and to restore their mutual prosperity as rapid
ly and as completely as their circumstances will
permit.


The bill, however, would seem to show upon
it's face that the establishment of peace and
good order is not its real object. The fifth Sec
ton declares that the preceding sections shall
cease to operate In any State where certain
events shall have happened. These events
are-Eirst: the selection of delegates to State
Convention by an election at which negroes
shall be allowed to vote. Second, the forma
tion of a State Constitution by the Convention
SO chosen. Third, the insertion into the State
Constitution of provision which will secure the
right OF voting at all elections to negroes and
to such white men as may not be dlstranchlsed
for rebellion or felony. Fourth, the submission
of the Constitution for ratification to negroes
and white men not DISTINGUISHED, and its actual
ratification by their vote. Fifth, the submis
sion Of the State Constitution to Congress tol
examination and approval, and the actual ap
proyal OF it by that body. Sixth, the adoption
OF certain amendment to the Federal Consti
tuition by a vote ofthe Legislature elected under
the new Constitution. Seventh, the adoption
Of said amendment by a sufficient number o1
other States to make it part OF the Constitu
ton of the United States. All these conditions
must be fulfilled before the people of any o
these States can be relieved FROM the bondage
OF military domination; but when they are full
filled, 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 ref
erence to the security of life or property The
excuse given for the bill in the preamble is ad
mitted by the bill itself not to be real The
military rule which it establishes is plainly t.
be used-not for any purpose of order or fol
the prevention OF crime, but solely as mean.
of coercing the people into the adoption of prin
cipes and measures to which it is known thai
they are opposed, and upon which they have
an undenlable right to exercise their own judg
ment.


| submit to Congress whether this measure
is not, In its whole character, scope and object
without precedent and without authority, IL
palpable conflict with the plainest provisions o
the Constitution, and utterly destructive tC
those great principles Of liberty and humanity
for which our ancestors On both sides Of ths
Atlantic 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 otfice
ct the army, not below the rank of brigader
general is to be appointed to rule over the peo
pie and he is TO be supported with an etficien
military force to enable hun to perform his du
ties and enforce his authority. Those duties
and that authority, as defined by the third sec
ton OF the bill, are ito protect all persons il
their rights OF person and property, TO suppress
insurrection, disorder and violence, and to pun
iah, or cause to be punished. all distufbers o
the public peace or CRIMINALS. The powe
thus given to the commanding officer over al
the people of each district is that of an absolute