The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1866-02-28

to amend an act entitled IAN act to es-
tablish a bureau FOR relief Of freedmen
aud 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 ap-
prevail to the measure, | return the bill
to the Senate with my objections to its
becoming a law.
might call to mind in advance of
these objections, that there is i immedi-
ate necessity for the proposed measure
The act to establish a bureau forfthe re-
lief of freedmen and refugees, which was
approved in the month of March last, has
not. yet expired. II was thought strin-
gent and extensive enough for the pur-
pose in view. Before it ceases to have
effect, further experience may assist to
guide US to a wise conclusion as to the
policy to be adopted in time of peace.
I have, with Congress, the strongest
desire to secure to freedmen the full en-
joyment of their freedom and prosperity,
and their entire independence aud equal
ity in making contracts for their labor
But the bill before me contains provis-
ions which, in my opinion, are not war
ranted by the Constitution, and are not
we'll suited to accomplish the end in
view. ..as
The bill proposes to establish, by au-
thority of Congress, military jurisdiction
over all parts of the United States con-
tanning refugees and freedmen. 1t would,
by its very nature, apply with most force
to these parts of the United States in
which the freedmen most abound; and it
expressly extends the existing temporary
jurisdiction of the Freedman's Bureau,
with greatly enlarged powers, over those
States in which the ordinary coulse of
Judicial proceedings has been interrupted
by the rebellion.
The source from which this military ju7
risdiction is to emanate is none other than
the President of the United States, acting
thorugh the War Department and Com
missioner of the Freedmen's Bureau,
The agents to carry out this military ju-
risdiction are to be selected either from
the army or from civil life. The country
is to be divided into districts and sub-dis
~tricts, and the number Of salaried agents
to be employed may be equal to the num-
Der of counties or parishes in all the
United States where freedmen and refu-
gees are to be found. The subjects over
which this military jurisdiction is to ex-
tend IN every part Of the United States,
include 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 tits further to extend
over all cases affecting freedmen and refu-
gees Disseminated against by local law,
custom or prejudice in those eleven States.
The bill subjects any white person who
may be charged with depriving a freed
man of any civil rights or immunitiss be-
longing TO white persons, to Imprisonment
or fine, or both, without, however, de6n-
ing the civil rights and immunities which
are thus to be secured to freedmen by
military law. This military jurisdiction
also extends to all questions that may
arise respecting contracts. The agent
who is thus to exercise the Office of a
military judge, may be a stranger entirely
Ignorant Of the laws of the place and ex-
posed to theories of judgment to which
all men are liable. The exercise Of pow
or, over which there is no legal super
vision, 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 intervention
of a jury, and without any fixed rules of
| law and evidence. The rules on which
~ofenses are to be heard and determined
BY the numerous agents are such rules
and regulations as the President, through
the War Department, shall prescribe.
No previous presentment is required,
nor any indictment charging the commits
sion of q crime against the laws, but the
trial must proceed on the charges and
specifications. The punishment will not
be as the law declares, but such as 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 judicial power
of the country, while the territory and
the class Of actions and o~ffenses that ale
made subject to this measure are so ex-
~tensive, the billitself, should it become a
law, will have no limitation in point of
time, but will forma part of the perma-
nept legislation of the country. a
I can not reconcile a system of military
jurisdiction Of this kind with the words
of the Constitution, which declare that
'sno person shall be held to answer for a
capital or otherwise Infamous crime, un-
less On q presentment or indictment OF a
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
public danger" and that Sin all criminal
prosecutions the accused shall enjoy the
right to a speedy and public trial by an
impartial Jury of the State or district
wherein the crime shah have been COM
mitted.n sA
The safeguards which the wisdom and
experience Of ages taught our fathers to
establish as securities for the protection
Of the innocent, the punishment OF the
guilty, and the equal administration of
Justice, are to beset aside, and for the
sake Of a more vigorous interposition in
behalf Of Justice, we arc to take the risk
of the many acts of injustice that would
of necessity follow from an almost count