A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
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A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
to cease, no matter whether there be peace and order or not, and without
any reference to the security of life or property. 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 of order or for the prevention of crime, but solely as
a means of coercing the people into the adoption of principles and
measures to which it is known that they are opposed, and upon which
they have an undeniable right to exercise their own judgment.
I submit to Congress whether this measure is not in its whole character,
scope, and object without precedent and without authority, in palpable
conflict with the plainest provisions of the Constitution, and utterly
destructive to those great principles of liberty and humanity for which
our ancestors on both sides of the 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 officer of the Army, not below the rank of a
brigadier-general, is to be appointed to rule over the people; and he
is to be supported with an efficient military force to enable him to
perform his duties and enforce his authority. Those duties and that
authority, as defined by the third section of the bill, are "to protect
all persons in their rights of person and property, to suppress
insurrection, disorder, and violence, and to punish or cause to be
punished all disturbers of the public peace or criminals." The power
thus given to the commanding officer over all the people of each
district is that of an absolute monarch. His mere will is to take the
place of all law. The law of the States is now the only rule applicable
to the subjects placed under his control, and that is completely
displaced by the clause which declares all interference of State
authority to be null and void. He alone is permitted to determine what
are rights of person or property, and he may protect them in such way as
in his discretion may seem proper. It places at his free disposal all
the lands and goods in his district, and he may distribute them without
let or hindrance to whom he pleases. Being bound by no State law, and
there being no other law to regulate the subject, he may make a criminal
code of his own; and he can make it as bloody as any recorded in
history, or he can reserve the privilege of acting upon the impulse of
his private passions in each case that arises. He is bound by no rules
of evidence; there is, indeed, no provision by which he is authorized or
required to take any evidence at all. Everything is a crime which he
chooses to call so, and all persons are condemned whom he pronounces to
be guilty. He is not bound to keep any record or make any report of his
proceedings. He may arrest his victims wherever he finds them, without
warrant, accusation, or proof of probable cause. If he gives them a
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