Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-07-24
Veto Of the Freedman's Bureau Bill,

mems Bureau, Bill, without his signature,
giving his reasons therefor. The message
was Immediately called up, and the bill pass
ed through each House by the NECESSARY two
thirds vote over the veto of the President
: MrsJ ohnsen gives his reasons for the veto
with all the clearness of style and force of ar
gnment SO much remarked in his former pa
pers of the same character. He says. that,
after careful-examination of the subject, he
has become convinced that the new bill is OBJ
jectionable on the same grounds as its prede-
eessor. He says, now that the war.has ceased,
he cannot perceive how military tribunals are
any longer necessary. Independently of the
danger in representative republics of confer~
ring upon the military in time of peace ex>
traordinary powers, the question of practical
economy earnestly commends itself to the con-
slderatlon of the:lawmaking power. In ad.
dition to this, the consideration of the fact
that competent courts, Federal and State, are
now in full operation, open to all, without dis
tlnction of color or race, renders the estab-
lishment of military tribunals not only dnne-
cessary but unsafej inasriuch as conflicts may
arise between the Federal OF State courts and
the military tribunals which it may be i'm
possible.to settle. Mr.. johnson then says:
-g The fact cannot be denied that since the
actual cessation of hostilities, many acts of
Vlolence-such, perhaps, as had never been
witnessed in their previous history-have oc-
CURED in the States involved in the recent
rebellion. believe, however, that public
sentiment will sustain me in the assertion that
deeds SVr0
particular State or section, but are manifested
over the entire country-demonstrating that
the cause that produced them does not depend
upon any particular locality, but is the result
of the agitation and arrangement incident to
long and bloody civil war.
While the prevalence of such disorder must
be greatly deplored, their occasional and tenn
porary occurrence would seem to furnish no
necessity for the. extension of the bureau be-
yond the period fixed in the original act
Besides the objections which 1 have thus
briefly stated, may urge upon your. consid-
Grafton the additional reason that recent de-
velopmonts in regard to the practical opera
tions of the bureau in many of the States
show that in numerous instances it is used by
Its agent as means Of promoting their indi-
Vldual advantage; and that the freedmen are
employed Tor the advancement of the personal
ends of officers, instead of their own improve
ment and welfare-thus confirming the fears
originally entertained by many that the con-
tinuation of such bureau for any unnecessa-
ry length of time would inevitably result in
fraud, corruption. and oppression =, =. Z.
1t is proper to state that in casss of this
character investigations have been promptly
ordered, and the offender punished, whenev-
er his guilt has been satisfactorily established.
AS another reason against the necessity of
the Legislation contemplated by this measure,
| reference may be had to the civil rights bill,
now a law of the land, and which will be
faithfully executed as long as it shall remain
unrepealed, and may not be declared uncon-
| stltutional by.courts of competent iurisdic-
tion. By that act; it is enacted 'sthat all
persons born in the United States and not
subject to any foreign power, excluding In
dians not taxed, are hereby declared to be
citizens of the United States /; and such citi-
zens, of every race and color, without regard
to any previous condition of slaEsTy or invol>
untary serVltude, except as punishment for
crime, whereof. the party shall have been du-
ly convicted, shall have the same. right in
every State and. Territory in the United
States, to make and enforce contracts, to sue,
to be parties, and give evidence, to inherit,
purchase, lease, sell, hold and convey real
and personal property, and to full and equal
benefit of all. laws and proceedings for the
security of person and property, as is enjoyed
by white citizens, and shall be subject to like
punishment, pains and penalties, and to none
other, any law, statute, ordinance regulation,
or custom, to the contrary Notwithstanding"
By the provisions of the act, full protection
is afforded, through the district courts of the
nited States, to all persons injured, and
whose privileges are there declared, are in any
way impaired, and heavy penalties are de-
nOu0cad a0ainSt tba 1orcOD who
lates the law. need not state that that law
did not receive my approval, yet its remedies
are far preferable to those prepared in the
present bill; the one being civil and the other
military. -
:. By the sixth section of the bill herswith
returned, certain proceedings by which the
lands in the "parishes of Saint Helena and
Saint Luke, South Carolina" were sold and
bid in, and afterwards disposed of by the tax
commissioners, are ratified and confirmed
By the seventh, eighth, ninth, tenth and
eleventh sections, provisions by law are made
for the disposal of the landsSthus acquired to
particular class of citizens. While the
quieting of titles issdeemed very important
and desirable, the discrimination made in the
bill seems Objectionable, as does also the at
tempt to confer upon the commissioners judi
clHl powers by which citizens of the United
States are to be deprived Of their property in
mode contrary to that provision of the con-
stltution which declares that no person shall
be deprived of life, liberty or property with
out due process of law" WI.
As general principle, such Legislation is
unsafe, unwise, partial and unconstitutional
1t may deprive persons of their. property who
are equally deserving objects of the nations
bounty as, those whom, by this legislation,
Congress seeks to benefit.
The title of the land thus to be portioned
to:u favored; class of citizens must depend. .un-.
on the regularity Of the tax sale under the law
as it existed at the time of the sale, and no
subsequent legislation can give validity to the