Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1866-03-01
Abstrac, OF ,he Veto Message.

Abstract of the Veto Message.
The President, in his message vetolng
the Freedmans Bureau bill, frst gives
his opinion that there is no immediate
necessity for the bill, as the act to es-
tablish the Freedmans Bureau, which
was approved in the month Of March
last, has not yet expired, and before II
ceases to have effect further experience
may assist 10 guide us to wise ccnclu-
sion as to the policy TO be adopted in
time of peace. The President further
while protesting the strongest desire to
secure to the freedmen the full enjoy
ment of their freedom argues that the
bill in question contains provisions
which are unconstitutional. He says.
The bill proposes to establish, by au-
thority of Congress, military Jurisdic.
tion over all parts of the United States
containing refugees 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 II expressly extends the
existing temporary jurisdiction OF the
Freedman's Bureau, with greatly en-
larged powers, over those States in
which the ordinary 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
United States, acting through the war
Department and the Commissioner Of
the Freedman's Bureau. The agents to
carry ont this military jurisdiction are
to be selected either from the army or
from civil life The country is to be
divided into districts and ub-districts,
and the number o: 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
to be found. The subjects over which
this military jurisdiction is to extend
in every part of the United States, in
clude protection to all employees, agents
and officers of this Bureau in the ex-
ercise of the duties imposed upon them
by the bill In eleven States it is further
to extend over all cases affecting freed
men and refugees Disseminated against
by local law, custom or prejudice. In
those eleven States the bill subjects any
white person who may be charged with
depriving q freedman of any civil rights
or immuntes belonging to white per-
sons to Imprisonment or fine or both,
without, however, defining the civil
rights and immunites which are thus
20 be secured to the freedmen, by mill
tary law This military jurisdiction
oil avfanHa oil CnpStinnG that
arise respecting contracts.
The agent, who is thus to exercise the
| office Of military judge, may be stran-
| ger, entirely ignorant OF the laws OF the
| place, and exposed to the errors of judg-
ment to which men are liable. The eX-
| ercise of power, over which there is no
| legal supervision, by so vast number
of agents as is contemplated in the bill,
must, by the very nature OF man, be at
| tended by acts of caprice, injustice and
passion. The trials, having their origin
under this BILL are to take place with
| out the Intervention of jury, and
without any fixed rules of law or evil
dence The rules on which offences are
| heard and determined, by the numerous
agents, are such rules and regulations as
| the President, through the War Depart
ment, shall prescribe. No previous pre-
sentiment is required, nor any indict-
ment, charging the commission of a
| crime against the laws; but the trial
must proceed on charges and SpecitiCa-
tions. The punishment will be not what
the law declares, but such as court
martial may think proper. And from
these arbitrary tribunals there lies no APP
peal-no writ of error to any Of the
courts, in which the Constitution Of the
United States vests exclusively the pow
err of the country; while the territory,
| and the class of actions and offences,
that are made subject to this measure,
are 50 extensive that the bill itself,
should it become q law, will have no
limitation in point of time, but Will
form part of the permanent legislation
of the country. | cannot reconcile a
system of military jurisdiction OF this
| kind with the words of the Constltu-
! ton, which declares that "nO person
shall be held to answer for capital or
| otherwise infamous crime, unless on a
| presentment or Indictment of grand
jury, except in cases arising in the land
| or naval forces, or in the militia, when
in actual service in time of war or pub
lie danger" and that "in all criminal
prosecutions, the accused shall enjoy the
right to a speedy and public trial by an
impartial jury Of the state of district
wherein the crime shall have been COM
mitted."
And the President further says that
the power which would thus be placed
in the hands of the President is such as
in times of peace ought never to be in
trusted to any one man.
The act of 1855, establishing the Blu
reau, was one Of many extraordinary
military measures to support tormida-
! BILE rebellion, and to provide for those
who were suddenly passing from bond.
age to freedom. The present bill proposes
continues the President, to make the
Bureau a permanent branch Of the pub
lie administration with its power great
ly enlarged. The act OF 1865, the Presi-
| 1o,,+ srvyonca1 hos mot rrnyp6 deficient