The Iowa transcript. (Toledo, Tama County, Iowa) 1858-1866, 1866-02-28
Il lac Veto of the Freedmen .
Bureau bill.

| President johnson returned to the Senate
on Monday, the 18th, the bill for the en-
largement of the powers Of the Freedmens
Bureau, with his objections to its becoming
law. We have not room for the entire
document, but give what seems to us the
most pertinent part of it. His first objec-
ton comes under the head Of
MILITARY JURISDICTION.
| The bill proposes to establish, by autho-
rity of Congress, military jurisdiction over
all parts Of the United States containing re-
| fugees and freedmen. 1t 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 the
existing temporary jurisdiction Of the
| Freedmen's Bureau, with greatly enlarged
/ powers over those States in which the or
1 binary course Of judicial proceedings has
been interrupted by the rebellion. The
| source from which this military jurisdiction
| is to emanatc is none other than the IrGsi-
dent Of the United States, acting through
! the War department and the Commissioner
/ Of the Freedmen's Bureau. The agents to
carry out this military jurisdiction are to be
selected ether from the army or from civil
life. The country is to be divided into dis
| tricts 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 re-
fugees are to be found. The subjects over
which this military jurisdiction is to extend
in every part Of the United States, include
| protection to all employees, agents, and Off
GERS Of this Bureau in the exercise of the
4 1uti hu ha In IN
| States, it is further to extend over al cases
affecting freedmen and refugees discrimi-
mated against by local law, custom, or pre-
judice. In those eleven States the bill sub
jects any white person who may be charged
with depriving a freedman Of any civil
rights or immunities belonging to white
persons, TO Imprisonment or fine, or both,
without, however, defining the civil rights
and immunities which are thus to be secured
to the freedmen by military law. This mill
tary jurisdiction also extends to all questions
that may arise respecting contracts. The
agent who is thus to exercise the office Of q
military judge may be q stranger, entirely
\ ignorant of the laws of the place, and ex-
posed to the errors of judgment to which all
men are liable. The exercise Of power, over
which there is no legal supervision, by SO
vast 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
Intervention of a jury, and without any
fixed rules of law or evidence. The rules
on which offenscs are to be heard and deter
mined by the numerous agents, are such
rules and regulations as the President
through the War Department, may prescribe.
70
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 de-
clares, but such as a court-martial may
think proper and from these arbitrary tri-
bunals there lies no appeal, no writ of error,
to any of the courts in which the Constitu-
ton Of the United States vests exclusively
the judicial power of the country. While
the territory, and the class of actions
and otfenses, that are made subject to this
measure, are SO extensive, the bill itself,
should it become law, will have no limita-
ton in point Of time, but will form part
of the permanent legislation Of the country.
l cannot reconcile "a system of military
jurisdiction of this kind with the words o.
tho Cnust;.~.se., -hish lc~,nIc that p -,
person shall be held to answer for capita
1t
sentiment or indictment OF a grand jury
except in cases arising in the land or naya
forces, or in the militia when in actual ser
vice in time of war or public danger" and
that lin all criminal prosecutions the ac-
cused shall enjoy the right TO speedy and
public trial by an impartial jury of the State
os district wherein the crime shall have been
committed. the safeguards which the wis
dom and experience of ages have taught our
| fathers to establish us securities for the pro-
lection Of the innocent, the punishment Of
the guilty, and the equal administration of
! iusticc, ere to be set aside; and, for the sake
of moro vigorous interposition in behalf
i Of justice, we are to take the risk OF the
many acts of injnstice that would of neces-
sity from an almost countless number Of
agents. established in every parish or coun
/ ~ in nearly third OF the States of the
Union. over whose decision there is to be no
! supervision or control by the Federal Courts.
j The mower that would be thus placed in the
hands of the President is such as, in time OF
peace. certainly ought never to be intrusted
to any one man.
ARE WE ENGAGED IN WAR?
If it be asked whether the election of such
tribunal within State is warranted as a
measure of war; the question Immediately
presents itself whether we are engaged in
war. Let us not unnecessarily disturb the
| commerce and credit and industry Of the
country By declaring to the American peo-
pie and the world that the United States are
still in condition of civil war. At present
there is no part of our country in which the
authority Of the United States is disputed
Offences that may be committed by indivi-
duals should not work a forfeiture of the
rights of whole communities. The country
has entered, or is returning, to q state Of
peace and industry, and the rebellion is in
fact at an end. The measure, therefore
seems to be as inconsistent with the actual
condition of the country as it is at variance
with the Constitution Of the United States.
X
SUPPORT AND EDUCATION OF THE FREEDMEN.
The Sd section of the bill authorizes a
general, unlimited amount Of support to the
destitute and suffering refugees and freed
men. and their wives and children. Sue
ceeding sections make provision for the rent
or purchase Of landed estates for freedmen,
and for the erection for their benefit, Of
suitable buildings for asylums and schools,
the expenses to be betrayed from the treas
ury of the whole people. The Congress Of
the United States has never heretofore
thought itself competent to establish any
such laws beyond the District Of Columbia,
except for the benefit Of our disabled sol
diers and sailors. 1t has never founded
schools for any class of our own people. not
even for the orphans of those who have
NC