Year: 1867

TO the House Representatives: q: 0,u
| i have examined the bill 20 provide for
a more efficient government OF the rebel
States with the care and anxiety which its
transcendcnt Importance is calculated TO
awaken. am unable to give il my as
sent, for reasons so grave that hope a
statement Of them may have some in


auencc on the minds of the patriotic and
enlightened, with whom the decision
must ultimately rest. .er...I ..Jlu


The bill places all the people Of the ten
States therein named under the absolute
dominion of military rulers, and the pre-
amble undertakes to give the reasons
upon which it is justified 1t declares
there exists in those States no legal gov
ernmen. snd adequate protection to life
or property, and asserts the propriety OF
enforcing peace and good order within
their limits. 1t is true as a matter Offact,
and it is not denied that the States in
question have each of them an actual gov
ernment, with all the powers, executive,
judicial, and legislative, which properly
belongs to free State They are or.
ganized 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 ds .fdcto gov
ernment, exercising such functions as
these, is itself the law of the States upon
all matters within its jurisdiction. To
pronounce the supreme law making power
of an established State illegal 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 inju-
ries, are in substance and principle the
same as those which prevail in the North
crn States and in other civilized countries.
They certainly have not succeeded in pre-
venting the commission of all crime, nor
has this been accomplished anywhere in
the world. There as well as elsewhere
offenders sometimes escape for want of
vigorous prosecution, and occasionally
perhaps by the inetlicicncy of Courts or
the prejudice Of jurors. It's undoubted-
ly true that these evils have been. much
increased and aggravated North and
South by the demoraizing influence of
civil war, and by the rancorous passions
which the contest has engendered. But
that these people are maintaining local
governments for themselves which habit
ually defeat the object of all government,
and render their own lives and property
insecure, is in itself utterly improbable,
and the ayermcnt of the bill to that effect
is not supported by any eyidenee,iwhich
has come to my knowledge. All the in
formation ] have on the subject convinces
me that the mass Of the Southern people,
and those who control their public acts,
while they entertain diverse opinions on
questions of Federal policy, are complete
ly united in the effort to .rcorganize their
society on the basis of peace, and to re-
store mutual prosperity as rapidly and as
completely as their circumstances will
permit la.. ..... t....


The bill however would seem to show
upon its face that the establishment Of
peace and good order is not in its real
object. The fifth section declares that
the preceding sections shall cease to
operate in any State where certain events
have happened. These are: 1st. The
election Of delegates to q State conven,
ton, by election at which negroes shall
be allowed to vote. 2. The formation
ofa State constitution by the convention
so chosen. 3. The insertion. into the State
Constitution of a provision which will Sc
cure. the right Of voting at all elections
to negroes and such white men as may
not be disfranchiscd for rebellion or ,fel-
ony 4th. The submission Of the Con.
stitution for ratification to negroes and
white men not disfranchised, and its actual
ratification by vote. 9th. The submis-
sion of the State Constitution to Congress
for the examination and actual approval
on it By that body. 9Th The adoption
of a certain amendment to the Federal
Constitution by vote of the Legislature
elected under the New Constitution. 7th.
The adoption of said amendment by q
sufficient number Of other States to make
it part of the Constitution of the United
States. All of these conditions must be
filled before the people Of any of these
States can be relieved from the bondage
of military despotism, but when they are
fulfilled then the pains and penalties of
the bill are to cease, no matter whether
there be peace or order or not, without
reference to the security Of life and pro-
perty. The excuse given for the bill in
the preamble is admitted by the bill itself
not to be real, The military rule which
it establishes is plainly to be used not for
any purpose or order, or for the preven-
ton Of crime; but solely As means Of
coercing the people into the adoption of
principle, and measures TO which it is
known they are opposed and upon which
they have IN nndeniablc right to exercise
their own Judgement. submit to Con
gress whether this measure Is not in its
whole scope and object without precedent
and without authority, in palpablc conflict
with the planest provisions Of the Con.
sttution, and utterly destructive to those
| great Drinciplps Of lihprty mud hnmnn;tv