The Ebensburg Alleghanian. [volume] (Ebensburg, Pa.) 1865-1871, 1866-03-01

ANSAAShI fCtOAn6 INV = ASS0HANAA y - SNO
Bill =
To the Senate of the United States
/ have examined with care the bill,
which originated in the Senate and has
been passed by the two Houses of Con-
gress, to amend an act entitled An Act
to establish a Bureau for the Relief of
Freedmen and Refugees, and for other
purposes" Having with much regret
come to the conclusion that it would not
be consistent with the public welfare to
give my approval to the measure, l return
the bin to the Senate with my objections
to its becoming law.
! l might call to mind, in advance of
these objections, that there is no immedi-
ate necessity for the proposed measure.
The act to establish a bureau for the
relief Of freedmen and refugees, which
was approved In the month of March last,
has not yet expired. 1t was thought
stringent and extensive enough for the
purpose in view. Before it ceases to have
effect, further experience may assist to
guide US to wise conclusion as to the
policy to be adopted iu time of peace.
[ have with Congress the strongest de-
sire to secure to the freedmen the full
enjoyment of their freedom and their
property and their entire Independence
and equality in making contracts for their
labor. But the bill before me contains
provisions which in my opinion are not
warranted by the Constitution, and are
not well suited to accomplish the end in
view.
The bill proposes to establish, by au-
thority Of Congress, military jurisdiction
over all parts of the United States con-
tanning refugeesa and freedmen 1t would,
5y It's very nature, apply with most force
to those parts of the United States in
which the freedmen most abound and it
expressly extends the existing temporary
jurisdiction of the Freedmens Bureau,
with greatly enlarged powers, over those
States in which the ordinary course of iu-
dicial proceedings has been interrupted
by the rebellion. The source from which
this military jurisdiction is to emanate is
none other than the President Of the
United States, acting through the War
Department. ana the Commissioner of the
! Freedmen's Bureau. The agents TO carry
| out this military jurisdiction are to be
| selected either from the army or from
civil life. The country is to be divided
into districts and sub-districts, and the
| number of salaried agents to be employed
may be equal to the number of counties
| or parishes in all the United States where
freedmen and refugees are 10 be found
lac subjects over which this mill
tary jurisdiction is to extend In every
part OF the United States, include protec-
hon to all employees, agents and officers
OF this Bureau In the exercise of the du-
ties imposed upon them by the bill In
eleven States it is further to extend over
all cases affecting freedmen and refugees
Disseminated against by local law, custom
or prejudice. La those eleven States
the bill subjects any white person who
may be charged with depriving a freed
man of any civil rights or immunities be-
longing to white persons to Imprisonment
or fine, or both, without, however, def
ming the civil rights and immuuities
which are thus to be secured to the freed
men, by military law. This military ju-
rlsdletlon also extends to all questions
that may arise respecting contracts. The
agent, who Is thus to exercise the Office
OF military judge, may be a stranger,
entirely Ignorant of the laws of the place,
and exposed to the errors of judgment to
which all men arc liable. !'he exercise
Of power, over which there Is NO legal su-
pervision, by SO vast a number of agents
as is contemplated by the bill, must, by
the very nature of man, be attended by
acts Of caprice, injustice and passion.
The trials, having their origin under this
bill: are to take place without the inter-
vention of jury, and without any fixed
rules of law or evidence. The rules on
which offences are to be heard and deter
mined, by the numerous agents, are such
rules and regulations as the President,
through the War Department, shall pre-
scribe. No previous presentment is re-
quired, nor any indictment, charging the
commission of a crime against the laws
but the trial must proceed on charges and
specifications. The punishment will be
not what the law declares, but such as a
Court-martial may think proper And
from these arbitrary tribunals there lies
no appeal-no writ of error to any of the
Courts, in which the Constitution of the
United States vests exclusively the judi
cal power oe the country while the
territory, and the class of actions and Of
fences, that are made subject to this
measure, are so extensive that the bill
itself, should it become a law, will have
no limitation in point of time, but will
form part of the permanent legislation
of the country. cannot reconcile a sys-
tenn of military jurisdiction of this kind
with the words Of the Constitution, which
declare that no person shall be held to
answer for capital or otherwise infa-
nous crime, unless on presentment or