Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1866-03-01
FRFEpMEN's BUREAU BILL.
Veto Message of the President--,chnn,s
Objections to the Blll---lts ohoon
stitutionality asserted.


Objections to the Bill---Its uncon-
stitutionality asserted.
President johnson on Monday week sent Tue
following Message in to the United States oeii-
ate:
TO the Senate Of the United States;
I have examined with care the bill whci,
or;o;nated in the Senate, and has been passeu
bv the two Houses of Congress, to amend sii
act entitled Z" An act to establish Bureau lor
the relief of Freedmen and Refugees, ana ioI
other purposes" Having with mucn resrs'
come to the conclusion that it would not Ue.
consistent with the public welfare to give my
approval 10 the measure, return the Dill 70 tno
Senate with my objections to Its beconii,le
law. 1 might call to mind, in advance oi lhese
objections, that there is no immediate necess!'y
for the proposed measure The act to estaoiisn
a Bureau fer the relief Of freedmen and reiu-
gees. which was approved in the month OF
March last. hos not yet expired 1t was Thought
stringent and extensive enough for the purpose
in v;cw in time of war Before it ceases 10
have effect. further experience may assist 70
Guide us to wise conclusion rs to the policy
TO be adopted in time of peace. share win
CONGRESS
freedmen the full enjoyment OF their ireedol'
and their prosperity, and their entire indepeii-
dence and equality in making contracts LOT
their labor but the bill before me contains pro-
visions which, in my opinion, are not warrant,
ed by the Constitution, and are not well suiteu
TO accomplish the end in view. The bill pro-
poses to establish, by authorityof Congress,
military jurisdiction over all parts Of the United
States containing refugees and freedmen. IL
would by its nature, apply with most force to
those parts of the United States in which the
freedmen most abound and itexpressiy extends
theexisting temporary jurisdiction of the Freed
mems Bureau with greatly enlarged 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 emenate is none other
than the President of the United States, acting
through the War Department and the Commls-
sioners of the Freedmen's Bureau. The agents
to carry out this military jurisdiction are to be
selected either from the army or from civil lie.
The country is TO be divided into districts and
snb-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 refugees are to be found.
The subjects over which this military lurlsdic-
tion is to extend in every part OF the United
States includes protection to all employ ees,
AGENTS and officers of this Bureau in the exer-
else of the duties imposed upon them by the
bill. In eleven States it is further TO extend
over all cases afIecting froodnlef and refugees,
Disseminated against by local law, custom or
preiudice In those eleven States the bill sub
iects any white person who may be charged
with deprving a freedman of any civil rights
or immunities belonging to white persons, to
imprisonment or fine, or both; without, how
ever. defining the civil rights and immunitles
which are thus to be secured to the freedmen
by military law. This military jurisdiction al
so extends to all questions that may arise re-
specting contracts. The agent who is thus to
exercise the office of military judge may be a
stranger, entirely ignorant of the laws of the
place. and exposed to the errors of the 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 contempla-
ted by the bill, by the very nature of man, must
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 evl-
dence. The rules on which offences 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 commission OF crime
against the laws, but the trial must proceed on
charges and specifications. The punishment
will he not what the law declares, but such as
court-martial NAV think proper, and from these
arbitrary tribunals there lies no appeal, no writ
of error 10 anv of the courts, in which the Con-
stitution of the United States vests exclusively
the mdcial power of the country. While the
territory and the classes Of actions and offences
that are made subject to this measure are so
extensive. the bill itself, should it become law,
will have no limitation in point OF time, ana
will form part of the permanent legiSla'lon
of the country. -.
| cannot reconcile system of military Juris-
d;ction of this kind. with the words OF the Con-
stitntion which declare that No person snail
no held TO answer for a capital or otherwise IN
! famons crime. unless on presentment or IN
d;ctment of Grand Jury, except IN cases an
s;ncy in the land and naval forces, or in the MI
Ttia when in actual service, in the time oi war
| nuDllC DANGER, til1e "a L..
rrdsecntiops the accused shall enjoy the rght
to a speedy and public trial, by an impartial
;nrv of the State or district wherein tne crinio
Shall have been committed" The saleguaIls :
which theexperienoeand wisdom Of ages s, taqgnl so
onr fathers to establish as securities ior tne pr
lection of the innocent, the PUNISHMENT oi wy
guilty and the equal administration Of justice, o
sre I ~ he set aside; and for the sake of more
vigorous VIC interposition in behalf of Justice we
are to take the risk of the many acts OF inus'e,
that would necessarily follow from an almost most
sna. t,oss nnuber of agents established in every
uarish or county in nearly third Of the Ststes e
h the he Union. over whose decision there IS 70 70 De
N suv snsrrison or control by the Federal Courts.
The power that would be then placed e time IN .1S
hands of the President IS sucn as entrusted IN to
peace, certainly ought never TO DE en'lus'''' " :
az" IF it be asked whether the creation OF sucn
tribunal within State is warranted as amt. me
ure of war. the question immediately Presean1-