The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1866-02-21
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8- Reading Matter on all Four Pages
Veto ofthe Freedmen.s Bureau Rip.

g- Reading Matter on all Four Pages.
Veto ofthe Freedmen's Bureau Bill.
WASHINGTON, Feb. 10.
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 Congress, to amend an
act entitled |" An act to establish Bureau for
the Relief of Freedmen and Refugees, and for
other purposes" l-'di -iH 4....H..t .'
Having, with much regret, come to the con-
clusion that it would not be consistent with
the public welfare to give my approval to the
measure, return the bill to the Senate, with
my objections to its becoming a law. might
call to mind in advance these objections, that
there is no immediate necessity for the pro-
posed measure The act to establish Bu-
reau for 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 its effect, further ex-
perience may assist to guide us to wise con-
clusiOn as to the policy to be adopted in time
of peace. I have with Congress the strongest
desire to secure to Freedmen the full enjoy
ment of their freedom, and their property and
their Ell tire 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 Constitu-
tion, and are not well suited to accomplish the
| end in view. sag loru .il. -;f
The bill proposes to establish by authority
| of Congress over all parts of the United States
| containing refugees and freedmen. 1t would,
| by its very nature, apply with the most force
to those parts of the United States in which
freedmen most abound, and it expressly ex-
tends the existing temporary jurisdiction Of
| the Freedmen's Bureau, with greatly enlarged
powers, over those States in which the ordi-
nary course of judicial 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 Unit
ed States, acting through the War Depart
ment, and the Commissioners of the Freed
mems 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 EN-
ployed may be equal to the number of counties
or parishes in all the United States where
| freedmen and refugees are to be found.o The
| subjects over which this military jurisdiction
is to extend in every part of the United States,
| includes protection to all employees, agents
and officers of this Bureau in the exercise OF
the duties imposed upon them by the bill in
| eleven States. 1t is further to. extend over all
cases affecting freedmen and refugees, discrim-
mated against by local law, custom or preju.
| dice. A- 34 II t7-A --5is
In the eleven States the bill subjects any
white person who may be charged with Ge-
pressing freedman of any civil rights or inn
munities belonging to white persons, 10 impris.
onment or fine, or both, without even defining
the civil rights and immunities which are thus
to be secured to the freedmen by military law.
This military jurisdiction also extends to all
questions that may arise respecting contracts
The agents who are thus to exercise the Office
| of military judge may be stranger, entire
ly ignorant of the laws of the place, and ex
posed to errors of judgment to which all mer
are liable. The exercise Of power over which
there is no legal supervision but by so vast 8
number of agents as is contemplated by the
bill, must by the very nature OF man, be at
tended by acts of caprice, injustice and pas.
sion. -tal3b 4Battl5F 8l tl-l.l if5.s rlJisa5q u
The trials having their origin under this bill
are to take place without the intervention o.
jury, and without any fixed rules of law or ev
idence. The rules ON which offences are to bt
heard and determined by the numerous agents
are such rules and regulations as the Presi
dent, through the War Department, shall pre-
scribe. No previous presentiment is required
nor any Indictment charging the commission
of crime against the laws, but the tria
must proceed ON charges and specifications
The punishment will be not what the law de-
clares, but such as the court martial may think
proper, and from these abutting tribunals there
lies no appeal, no writ of error to any of the
courts in which the Constitution of the Unit
! ed States vests exclusively the judicial power
of the country, while the territory and the
class of actions and offences 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 viii form a
part of the permanent legislation of the coun-
try. L
/ cannot reconcile system of military jur-
isdiction of this kind with the words of the
Constitution, which declare that no person
shall be held to answer for capital or other
wise infamous crime, unless presentment OF
indictment of Grand Jury, except in case:
arising in the land or naval forces, or in the
militia when in actual service in time OF wal
| OF public danger, and that in all criminal pro
secutiOns the accused shall enjoy the right tt
speedy and public trial, by an impartial jur,
of the State or District wherein the crime
shall be committed. The safeguards given b.
the wisdom and experience OF ages, to estab
lish as securities for the protection of the in
nocent the punishment OF the guilty, and tn
equal administration OF justice, are to be Sc
aside, and for the sake of more vigorous in
terpostion in behalf OF justice, we are to TAX
the risk of the many acts of injustice tina
would of necessity follow from an almos
countless numb,r of agents, established II
every parish or county in nearly third OF tn
States of the Union, over whose decision ther
is to be no supervision or control by the Fed
eral Courts. The power that would be thu
placed in the hands Of the President is sucl
as in time of peace certainly ought never 7
be entrusted to any one man.
If it be asked whether the creation of sue
J tribunal within State is warranted as
measure of war, the question Immediately pre-
sents itself whether we are still engaged |
war. Let us not unnecessarily disturb th
commerce, and credit, and industry of th
country by declaring to the American peopl
and the world that the United States are sti
in condition of civil war. At present ther
is no part of our country in which the autho
ity of the United States is disputed.
Offences that may be committed by indivit
uals should not work forfeiture of the right
, of the same communities. The country ha
entered, or is returningto, a state OF peace, an
the rebellion is, in fact, at an end. The mea.
ure, therefore, seems to be as inconsistent wit
the actual condition of the country, as it is 9
variance with the Constitution OF the Unite
States. ..t..... t.sg a.it q
II, passing from general considerations, W
examine the bill in DETAIL 1t is open to weigh
ty objections. In time of war it was eminent
ly proper that we should provide for those VIII
were passing suddenly from condition OF bond
. ace to state of freedom. But this bill propose
to make the Freedmen's Bureau, estapiishe
bv the act of 1855, as one of many great am
q extraordinary military measures to suppress
formidable rebellion, permanent prahcn
: the nnbic administration, with its power
greatly enlarged. have no reason to suppose
} and T do not understand it to be alleged, tina
., tIe act of March, 1865, has proved deficien
for for the purpose for which it was passed, a
though at that time, and for a considerable pt
riod thereafter, the government Of the Unite
States remained unacknowledged in most {
the States whose inhabitants had been inyol'
ed in the rebellion.
The institution of slavery, for the militar
destruction of which the Freedmen's Burea
was called into existence as an auxiliary fore
has been already effectually and finally abrt