The home journal. (Winchester, Tenn.) 1858-188?, 1866-02-24
MESSAGE FROM THE PRES
= DENT.

III Vtn NeIn(4 1IN .EDtlICftNu
nstitutiOnnl actiOn Of Congress
Andrew .JuhmsOn's Views OF Con
snryntlsnn.---The Government !.
be administered upon the Consul
tuition,
., ,t.h.J c,o,os.
10 me cs"0e y INC o""e" ''"'"'
1 have examined with care the bill wlllcl
ORIGINATED IN the Senate and has pass
cd roth Houses of Congress to amend NJ
net entitled IAN net to establish Il bureau
for the relief of freedmen and refugees AIT
for other purposes"
Having, with much regret. come to TN
conclusion that 1t would not be consistent
with the public welfare to give my appro'
val TO the measure, | return the bill to tlt
senate with my objections to its becoming
II law. ~
migbt .ol, m mind IN advance oftbest
ohinrtinns thot There is no Immediate ne.
oosssit,, r,r ,hn nrnnoscd measure. The nc,
IN o.tshiish n hi,,rrau for tle rrllefof freed.
n mon n,,i 20 c,yons Which was approved in
the montb ~ Mnrch inst. has not vet OK.
nired. N was thought TO be stringent e.
nouwh for The PURPOSES in view before il
ceases TO have effect: further experienced
may assist to guide us TO n wise conclusion
as to the policy to be adopted In time Of
peace. 500 ~ ."i Sd ""t
Jboye with Congress the strongest de.
sire to secure to the freedmen the full en-.
iovmept of tAeir property and their entir,
ip,dcprndencr and equality In making con
tracts for their labor. But the bill before
me contains provisions which. in my opin-
ion. are not warranted by the Constitution
and are not well suited to accomplish tic
end I'm view. The bill proposes TO estnb-
lish BY authority of Congress military jl-
risdictlon over all parts of the United
States containing refugees and freedmen
IL would, by its very nature, apply with
most force to those parts of the United
States in which the freedmen most abound
and it expressly extends to the existing
temporary Jurisdiction of the Freedmen's
Bureau, with greatly enlarged powers
over those acts in which the ordinary
course # judicial proceedings has been in
terruptrd by the rebellion. The source
from which this military Jurisdiction is to
emcnate Is none other than the President
of the United States, acting through the
War Department, and the commander of
the Frccdmen's Bureau.
Tho ooents m curry ont this military i'll
risIict;nn nre to he selected. either from
tho army or from civil life The country
l. 70 he diviJcd into districts and sub.dj:-
trirts md the number of s~nlDricd AGENTS
TO he cnnloved nav he equal 70 the num-
hcr of co,,nties mr. nnnrjshrs in every mart
Of thc J'nited states where freedmen are
tn hc fnnnd. Thc subjects over which this
jurisdiction i to extend. in every
nnrt oft6e limited states, include protec-
tion to All employees. agents and Officers
nfthe bureau in the exercise of the duties
imnoscd mon Them by tl,c bill. In eleven
Stntrs if is further to extend over all cases
Meeting freedmen and refugees. who may
he discriminated against by the local laws.
cnstons or prpiudices i'm those eleven
St,tns Tho XII subjects nnv white ner-
s"" who NAV hn chnyred with deriving n
r,,no in,or "fyonv c;v;I rirhts or im,n,ini-
Hos hnlnnT;nw IN white Persons. TO imnris-
onnont ns tin1e mr. botI without however.
Jnfninu Tho ciyii r;rhfs and i%mmunitirs
s,n fins to hn snc,,,nd to freedmen
hr military Inv, mis- military iurisdic-
Ia also nytnnIs RI oij olIrstionS fiat ma
,r;,o rosrcrtinw contr,cts' The AGENT who
!, ,h,,s tn nvnrri.e thn nf}icn of military
',dna NAV he a stronrer nntirclv iUnoront
~ tIn laws Of thr mace. and exposcd to
,rror. Of Indictment 70 Which alI men are
;,LIn IN M nynrc;-n nj novnr over which
here is No lccnl supervjsion, nv SO vast n
'n,nhnr ~ ounntr os il conten1nIntrd
Iii mnst fv the vrrv notIIrp Of man,
,.tnn,inI LW n.ts o~t',onrirr, iniusiinr
m,.!ion. 'frbrtrials hnyinr thrfr orr
ri;n nJo, tn;r h;II ava to t.tn Mace with
INF thc intervention of y iurv. md with-
~ amy iivnL r,,ln. Of low or rwdnnrr
Ihc r;lcs On which ~orlrnsrs are 70 he heard
.ni dntor,ni,"i hv thn numnrnn. ],~nnts
49, w - ~
,innt th rnnUh tlr VA. Dennrtn,rnt. shall
;hn "a nrnvian. SUPERINTENDENT IL r"l
,,irol nor anv indict ment rhnrrino the
commission of a crime against the law
ut the trial must proceed on the charges
nd specifications. The punishment will
OF be ~ the law declares. but such rs a
1urt-martial may think proper. and from
lcse arbitrary tribunals there lies no APP
cal, no writ Of error TO any of the courts
/ which the Constitution of the United
vests exclusively the judicial power
f the country, while the territory and
lass of actions and oilenses that are made
to this measure are 50 extensive
hat the bill itself, should it become IL law,
ill have no limitation in point of time.
ut viii form 4 part Of the permanent leg
of the country. l cannot recon
lie u system of military jurisdiction of
kind with the words of the COnstitu-
ion. which declares that II person shall
e held to answer for a capital or other
wise infamous crime unless IN Il present.
lent or Indictment ola grand jury, cx-
cpt III eases arising in the land Or militia
y forces, or in the militia when in actual
in . time Of war or public dangrr;"
nd that "in all criminal prosecutions the
ccusci shall enjoy the right to q speedy
nd public trial BY an impartial jury Of
he State or district wherein the crime
hall have been committed"
The safeguards which the wisdom and
Experience ofagrs taught our fathers TO
stablish as securities for the protection Of
he innocent. the punishment ofthc guilty.
nd the equal administration of Justice nre
D be set aside, and for tlle sake of more
igorous interpretations in behalf of ms
Ice we are to fake the risk of the many
cts of injustice that would of necessity
blow from an almost countless mmber
f agents established in every parish or
In NEARLY , tb;rd of tb1n St,tn, ,rl
Union, over whose decision there is
, he no supervision or control by the Fed
raj Courts. The power that would be thus
laced in the hands Of the President, is
lch, as In times of peace, certainly ought