The south-western. [volume] (Shreveport, La.) 1852-1870, 1866-03-07
The Presidents Veto on the Freedmen's

in the senate and has been passed by both houses
congress- to amend act entitled AN act to estab
lish bureau for the relief of freedmen and refugees
: and for other purposes" Having with much ragre
come to the conclusion that it would be inconssten
with the public welfare to give my approval to th
measure return the bill to the senate with my obee
tlons to it becoming a law.
f might call to mind in advance of these objections
that there no immediate necessity for the propose
measure.
The act to establish bureau for the relief of freed
men and refugees which approved in the month 0
March last has not yet expired. 1t thought to b.
stringent enough for the purposes in view before
ceases to have effect. Further experience may asss
to guide to wise conclusion to the policy to b
adopted in time of peace | have, with congress-, th'
strongest desire to TO the freedmen the full
joynent of their freedom and their prosperity,
their entire independence and equality In making con
tracts for their labor but the bill before contains
provisions which, in my opinion not warranted BY
the constitution, and are not well suited to accomplish
the end in view.
The bill proposes to establish by authority of con
gress, military jurisdiction all parts of the United
States containing refugees and freedmen. 1t would
by Its very nature apply with more force to those parts
OF the United States in which the freedmen most
abound, and it expressly extends to the existing tern
porary jurisdiction of the freedmens bureau greatly
enlarged powers over those States in which the Grdi
nary course OF judicial proceedings has been lEter-
rupted by the rebellion The source from which the
agents to be selected is from the army or from
civil life the country is to be divided into districts
and subdistrcts and the number of special agents
be employed may be equal to the number of counties
or parishes IN every part of the United States where
freedmen ana refugees TO be fOunQ and the sub
ecs which this military jurisdiction is to extend
in every part of the United States include all en-
poyees agents and officers the bureau the exercise
of the duties imposed upon them by the bill in eleven
States 1t is further to extend all affecting
freedmen and refugees who may be Disseminated
against by the local laws customs prejudces. In
these eleven States the bill subjects anY white person
who may be charged with deprving freedman Of any
/ civil rights or mmunites belonging to white persons
to Imprisonment or fine or both, without, however, de-
nIng the civil rights which are thus be secured to
the freedmen by military law This military iurisAic
ton also extends to all questions that may arise re-
spectng contracts The agent who is thus to exercise
the office Of military judge may be stranger, en-
urey ignorant of the laws and exposed to the errors
of judgment to which all liable in the exercise
OF power which there is legal supervision By
so vast number of agents is contemplated BY sthe
BILL 1t must, by the very of man, be attended
by acts of caprice, injustice and passion The trials
having their origin under this bill to take pace
without the intervention of jury, and without +ny
fixed rules of law or evidence. The rules which
offences to be heard and determined by the nunier
agents. such rules and regulations the pr:si
dent, through the war department, may prescribe NO
previous presentment is required any indictment
charging the commission of crime against law but
trial must proceed the charges and specifications.
The punishment will not be as the law declares but
such as court-martal may think proper, and fG0m
these arbitrary tribunals there is appeal no wrig of
error, to any OF the courts IN which the constitution
OF the United States boasts exclusively the judicial
power of the country while the territory and the class
of actions aud offences that made subject to this
measure extensive that the bill ITSELF shou6 it
become law, will have Elimination in point of tine
and will form part of the permanent egislatioH of
the country. / cannot reconcile a system of military
jurisdiction of this kind with the words of the con.
tuition which declares that person shall be held to
answer for capital otherwise infamous crime TN
less presentment indictment of a grand jury
except in arising in the naval or military forces
in the militia when in actual service in time OF war
public danger and that in all criminal prosecutions
the accused shall enjoy the right to speedy and pb
lie trial by impartial jury of the State or district
wherein the crime shall have been committed The
safeguards which the wisdom and experience of ages
chosen by fathers to establish securities for $he
protection of the innocent, the punishment of fhe
guilty and the equal administration of Justice are to he
aside and for the sake of vigorous interpGs
ton in behalf OF justice are to take the risk Of The
from almost counte number of agents established
in every parish county in nearly every of The
States OF the Union, over whose decision there is obe
no supervision or control by the federal courts.
The power that would thus be placed in the hands Of
the president is such as, in times of peace certaay
ought to be entrusted to any man. If itbe
asked whether the creation of such tribunal within
State Is warranted measure of war, the question
presents ITSELF whether are still engaged in wr
Let not unnecessarily disturb the commerce, creit
and industry of the country by declaring the Aeri
can people, and the world that the United States &fe
still in condition of civil At present there suo
part OF our country in which the authority of she
United States is disputed. Offences that may be I
committed by individuals should work forfeiture
of the rghSs of whole communities. The country las
entered is returning TO state of peace and indps
try The rebellion is in fact at an end The measure
therefore, to be inconsistent with the actual
condition of the country at variance with the con
stitution of the United States IT. passing from gen
eral considerations, examine the bill in detail it.
open to weighty objections. In time of war, it was
evidently proper that should provide for those wac
were passing suddenly from condition of bondagetto
state OF treedom but the bill proposes to make the
freedmens bureau Established by the act of 1869 as
of the many and extraordinary military MEASURES
to suppress formidable rebellon-a permanent braGeh
of the public administration, with its powers greatly
enlarged have reason to suppose and do not uT-
dersand it to be alleged that the act of March, 1855
has proved deficient for the purpose for which il was
passed. Although at that time, and for considerable
period thereafter the government Of the United States
remained unacknowedged in most of the States whose
inhabitants had been involved in the rebellion the in
sttuton of slavery, for the destruction of which, fae
reedmen's bureau called into existence as an aux
iliary, has already been effectualy and finally abEo
gated throughout the whole country by amendment
to the constitution OF the United States and, prac
caly its eradication has received the assent aud
currence of most of those States in which, any time
it had existed am not therefore, able to discern jim
the country anything to Justify apprehension that
the powers and agencies of the freeGmens bureaui-
which effective for the protection of freedmtn
and refugees during the actual continuation of hosti
ties, and of African seryltude-w net now in tine
of peace and after the abolition of slavery prove na
equate to the same ends. If correct in the!e
views there can be no necessity for the enlargeme.
of the powers of the bureau for which provision is
made in this bill The third section of the bill author
ises general and unlimited amount Of support to the
destitute and suffering refugees and freedmen ard
their wives and children. The succeeding sections
make provision for the rent or purchase Of landed
estates for freedmen, and for the erection for their
benefit, of suitable buildings for asyums and schools
the expense to be defraved from the treasury of the
people, The congress of the United States has never
heretofore thought itself bound to establish anv laws
beyond the limits of the District of Columbia except
for the benefit of disabled soldiers aud sailors 1t
has founded schools for any class of own pe
pie, not for the orphans OF those who have fallen
in defence Of the Union, but has left the Of their
education to the much competent control Of tie
States of communities of private associations and bf
individuals. 1t has deemed it necessary to ett
pend the public money for the rent purchase bf
houses for the thousands not to say Millions of TIE
white race who honestly toilng from day to day
for their subsistence.
system for the support of INDECENT persons in tie
United States contemplated by the constitti
tion nor can any good be advanced why, ASA
permanent establishment, it should be founded for ore
class color Of our people than another Pend
ing the war, any refugees freedmen received su:,-
port from the government, but it never intended
they should henceforth be fed clothed educated ana
sheltered by the United States. The idea on which
the slaves assisted to freedom was that oil be
coming free they would be selfsusaining population
and any legislation that shall imply that they arc MT
expected to attain selfsustainng condition, must
tendency injurious alike to their character AID
heir prosperity
The appointment Of agent for every county and
parish will create an immense patronage and the eS-
Dense of the officers and clerks to be appoif
ed by the president will be great in the beginning
With tendency steadily to increase. The appropria-