VETO MESSAGES.

WASHINGTON, _March 23, 1867_.

_To the House of Representatives_:

I have considered the bill entitled "An act supplementary to an act

entitled 'An act to provide for the more efficient government of the

rebel States,' passed March 2, 1867, and to facilitate restoration,"

and now return it to the House of Representatives with my objections.

This bill provides for elections in the ten States brought under the

operation of the original act to which it is supplementary. Its details

are principally directed to the elections for the formation of the State

constitutions, but by the sixth section of the bill "all elections"

in these States occurring while the original act remains in force are

brought within its purview. Referring to these details, it will be found

that, first of all, there is to be a registration of the voters. No one

whose name has not been admitted on the list is to be allowed to vote at

any of these elections. To ascertain who is entitled to registration,

reference is made necessary, by the express language of the supplement,

to the original act and to the pending bill. The fifth section of the

original act provides, as to voters, that they shall be "male citizens

of the State, 21 years old and upward, of whatever race, color, or

previous condition, who have been residents of said State for one

year." This is the general qualification, followed, however, by many

exceptions. No one can be registered, according to the original act,

"who may be disfranchised for participation in the rebellion"--a

provision which left undetermined the question as to what amounted to

disfranchisement, and whether without a judicial sentence the act

itself produced that effect. This supplemental bill superadds an oath,

to be taken by every person before his name can be admitted upon the

registration, that he has "not been disfranchised for participation in

any rebellion or civil war against the United States." It thus imposes

upon every person the necessity and responsibility of deciding for

himself, under the peril of punishment by a military commission if

he makes a mistake, what works disfranchisement by participation in

rebellion and what amounts to such participation. Almost every man--the

negro as well as the white--above 21 years of age who was resident in

these ten States during the rebellion, voluntarily or involuntarily, at

some time and in some way did participate in resistance to the lawful

authority of the General Government. The question with the citizen to

whom this oath is to be proposed must be a fearful one, for while the

bill does not declare that perjury may be assigned for such false

swearing nor fix any penalty for the offense, we must not forget that

martial law prevails; that every person is answerable to a military

commission, without previous presentment by a grand jury, for any charge

that may be made against him, and that the supreme authority of the

military commander determines the question as to what is an offense

and what is to be the measure of punishment.

The fourth section of the bill provides "that the commanding general of

each district shall appoint as many boards of registration as may be

necessary, consisting of three loyal officers or persons." The only

qualification stated for these officers is that they must be "loyal."

They may be persons in the military service or civilians, residents of

the State or strangers. Yet these persons are to exercise most important

duties and are vested with unlimited discretion. They are to decide what

names shall be placed upon the register and from their decision there is

to be no appeal. They are to superintend the elections and to decide all

questions which may arise. They are to have the custody of the ballots

and to make return of the persons elected. Whatever frauds or errors

they may commit must pass without redress. All that is left for the

commanding general is to receive the returns of the elections, open the

same, and ascertain who are chosen "according to the returns of the

officers who conducted said elections." By such means and with this

sort of agency are the conventions of delegates to be constituted.

As the delegates are to speak for the people, common justice would seem

to require that they should have authority from the people themselves.

No convention so constituted will in any sense represent the wishes of

the inhabitants of these States, for under the all-embracing exceptions

of these laws, by a construction which the uncertainty of the clause as

to disfranchisement leaves open to the board of officers, the great body

of the people may be excluded from the polls and from all opportunity of

expressing their own wishes or voting for delegates who will faithfully

reflect their sentiments.

I do not deem it necessary further to investigate the details of this

bill. No consideration could induce me to give my approval to such an

election law for any purpose, and especially for the great purpose of

framing the constitution of a State. If ever the American citizen should

be left to the free exercise of his own judgment it is when he is

engaged in the work of forming the fundamental law under which he is to

live. That work is his work, and it can not properly be taken out of his

hands. All this legislation proceeds upon the contrary assumption that

the people of each of these States shall have no constitution except

such as may be arbitrarily dictated by Congress and formed under the

restraint of military rule. A plain statement of facts makes this

evident.

In all these States there are existing constitutions, framed in the

accustomed way by the people. Congress, however, declares that these

constitutions are not "loyal and republican," and requires the people to

form them anew. What, then, in the opinion of Congress, is necessary to

make the constitution of a State "loyal and republican"? The original

act answers the question: It is universal negro suffrage--a question

which the Federal Constitution leaves exclusively to the States

themselves. All this legislative machinery of martial law, military

coercion, and political disfranchisement is avowedly for that purpose

and none other. The existing constitutions of the ten States conform to

the acknowledged standards of loyalty and republicanism. Indeed, if

there are degrees in republican forms of government, their constitutions

are more republican now than when these States, four of which were

members of the original thirteen, first became members of the Union.

Congress does not now demand that a single provision of their

constitutions be changed except such as confine suffrage to the white

population. It is apparent, therefore, that these provisions do not

conform to the standard of republicanism which Congress seeks to

establish. That there may be no mistake, it is only necessary that

reference should be made to the original act, which declares "such

constitution shall provide that the elective franchise shall be enjoyed

by all such persons as have the qualifications herein stated for

electors of delegates." What class of persons is here meant clearly

appears in the same section; that is to say, "the male citizens of said

State 21 years old and upward, of whatever race, color, or previous

condition, who have been resident in said State for one year previous

to the day of such election."

Without these provisions no constitution which can be framed in any one

of the ten States will be of any avail with Congress. This, then, is the

test of what the constitution of a State of this Union must contain to

make it republican. Measured by such a standard, how few of the States

now composing the Union have republican constitutions! If in the

exercise of the constitutional guaranty that Congress shall secure to

every State a republican form of government universal suffrage for

blacks as well as whites is a _sine qua non_, the work of reconstruction

may as well begin in Ohio as in Virginia, in Pennsylvania as in North

Carolina.

When I contemplate the millions of our fellow-citizens of the South

with no alternative left but to impose upon themselves this fearful

and untried experiment of complete negro enfranchisement--and white

disfranchisement, it may be, almost as complete--or submit indefinitely

to the rigor of martial law, without a single attribute of freemen,

deprived of all the sacred guaranties of our Federal Constitution, and

threatened with even worse wrongs, if any worse are possible, it seems

to me their condition is the most deplorable to which any people can be

reduced. It is true that they have been engaged in rebellion and that

their object being a separation of the States and a dissolution of the

Union there was an obligation resting upon every loyal citizen to treat

them as enemies and to wage war against their cause.

Inflexibly opposed to any movement imperiling the integrity of the

Government, I did not hesitate to urge the adoption of all measures

necessary for the suppression of the insurrection. After a long and

terrible struggle the efforts of the Government were triumphantly

successful, and the people of the South, submitting to the stern

arbitrament, yielded forever the issues of the contest. Hostilities

terminated soon after it became my duty to assume the responsibilities

of the chief executive officer of the Republic, and I at once endeavored

to repress and control the passions which our civil strife had

engendered, and, no longer regarding these erring millions as enemies,

again acknowledged them as our friends and our countrymen. The war had

accomplished its objects. The nation was saved and that seminal

principle of mischief which from the birth of the Government had

gradually but inevitably brought on the rebellion was totally

eradicated. Then, it seemed to me, was the auspicious time to commence

the work of reconciliation; then, when these people sought once more our

friendship and protection, I considered it our duty generously to meet

them in the spirit of charity and forgiveness and to conquer them even

more effectually by the magnanimity of the nation than by the force of

its arms. I yet believe that if the policy of reconciliation then

inaugurated, and which contemplated an early restoration of these people

to all their political rights, had received the support of Congress,

every one of these ten States and all their people would at this moment

be fast anchored in the Union and the great work which gave the war all

its sanction and made it just and holy would have been accomplished.

Then over all the vast and fruitful regions of the South peace and its

blessings would have prevailed, while now millions are deprived of

rights guaranteed by the Constitution to every citizen and after nearly

two years of legislation find themselves placed under an absolute

military despotism. "A military republic, a government founded on mock

elections and supported only by the sword," was nearly a quarter of a

century since pronounced by Daniel Webster, when speaking of the South

American States, as "a movement, indeed, but a retrograde and disastrous

movement, from the regular and old-fashioned monarchical systems;" and

he added:

If men would enjoy the blessings of republican government, they must

govern themselves by reason, by mutual counsel and consultation, by a

sense and feeling of general interest, and by the acquiescence of the

minority in the will of the majority, properly expressed; and, above

all, the military must be kept, according to the language of our bill of

rights, in strict subordination to the civil authority. Wherever this

lesson is not both learned and practiced there can be no political

freedom. Absurd, preposterous is it, a scoff and a satire on free forms

of constitutional liberty, for frames of government to be prescribed by

military leaders and the right of suffrage to be exercised at the point

of the sword.

I confidently believe that a time will come when these States will again

occupy their true positions in the Union. The barriers which now seem so

obstinate must yield to the force of an enlightened and just public

opinion, and sooner or later unconstitutional and oppressive legislation

will be effaced from our statute books. When this shall have been

consummated, I pray God that the errors of the past may be forgotten and

that once more we shall be a happy, united, and prosperous people, and

that at last, after the bitter and eventful experience through which the

nation has passed, we shall all come to know that our only safety is in

the preservation of our Federal Constitution and in according to every

American citizen and to every State the rights which that Constitution

secures.

A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson · 第 429 / 803 题