Year: 1867

The Presidents Veto Message of the


Military Reconstruction Bill.
| ..n (CoHcludei)
from the Union But it il also true that
in the Southern States the ordinance Of
secession were treated by all the friends
of the Union IS mere nullites, and are
now acknowledged to be so by the States
themselves. FIVE admit that they had
any force or validity, or that they did in
fact take the States in which they were
passed out of the Union, we sweep from
under our feet all the grounds upon which
We stand in justifying the use of Federal
force to maintain the integrity of this
Government This is bill passed by
Congress in time Of peace There is not
in any one of the States brought under
its operation either war or insurrection.
The laws Of the State and of the Federal
Governments are in undsturbed and har-
monious operation. The courts, State
and Federal, are open and in the full cy-
ercisc in their proper authority over every
State comprised of the five military dis
tricts. Life, liberty and property are Sc
cured by State laws and Federal laws and
the national Constitution is everywhere
in force and everywhere obeyed. What
then is the ground on which this bill pro
ccedst The title Of the bill announces
that it is intended for the efficient govern
ment Of these ten States. 1t is recited,
by way Of preamble that no legal State
Government, nor adequate protection for
life or property exists in these States, and
that peace and good order should thus be
enforced The first thing that arrests at
tention upon these rccitals, which pre-
pare the way for martial law, is this +:
That the only foundation upon which
martial can exist under our form Of gov
crnment is not stated or so much pretend
! ed, that actual war, foreign invasion, or
domestic Instruction prevails. None of
these in effect and none Of these in fact
exist 1t is not even recited that any sort
| of war or rinsurrection is threatened.


1t will be observed that Of the three
kinds of military jurisdiction which can
I he exercised or created under our Consti-
| tuition, there Is but one that can prevail
in time Of peace, and that is the code of
laws enacted by Congress for the govern


ment Of the national forces. That code
of military law has no application to the
citizen, nor even to the citizen soldier en-
rolled in the militia in time of peace
| But this bill is not q part Of that govern
ment ofmilitary law, for that applies only
to the soldier, and not the citizen while
contrawise, the military law provided by
this bill applies only to the citizen and
not to the soldier need not say to the
Representatives of the American people
that their Constitution forbids the exer-
else ofjudicial power in any way but one
that is by the ordained and established
Courts. It's equally well known that in
all criminal eases a trial by jury is made


indispensable by the express words of
that instrument | will not enlarge on
the inestimablc value Of the right thus
secured to every freeman, or speak of the
danger to public liberty in all parts the
country which must ensuc from denial
of it anywhere or upon any pretence. A
very recent decision Of the Supreme
Court has traced the authority, vindicated
the dignity and made known the value of
this privilege SO clearly, that nothing
more is needed 70 what extent viola
ton may be excused in time Of war or
public danger may admit of discussion.
But we are providing now for q time of
| I x-bnp tb l. =,
armed soldier within our borders, except
those who are in the service Of the Gov
ernment 1t is in such q condition that
an act Of Congress is proposed which, if
carried out, would deny a trial by lawful
courts and juries to nine millions of
American citizens, and to their posterity
for an indefinite period 1t seems to me
scarcely possible that any one should Sc


riously believe this consistent with Con


stitution which declares in simple plain
and unambisuous language that all per-
sons shall have that right, and that no
person shall ever, in any case, be deprived
of it.


The Constitution also forbids the arrest
Of citizens without n Judicial warrant, as
a foundation or probable cause. This bill
authorizes arrest without warrant, at the
pleasure Of a military commander. The
Constitution declares "no person shall
be held to answer for capital or other
wise infamous crime, unless on prescnta
ton by grand jury" This bill holds
every person. not soldier, answcrable
for all crimes and all charges without pre-.
sentiment. The Constitution declares that
"no person shall be deprived of life, lib
crty or property without due process Of
law" This bill sets aside all process of
law, and makes the citizen answcrable in
his person and property to the will ofonc
man, and in his life to the will Of two
finally. The Constitution declares that
1.-THE privilege Of the writ Of habcas cor
| pus shall not be suspended, unless when
in case Of rebellion or invasion, the pub.
lie safety may require it." Whereas this
bill declares martial law, which Of itself
suspcnds this great writ, in time ofpcace,
and authorizes the military to make the
| A IA. L.. H., -.