Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1866-02-21

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Ehe Rssee1easss vess.
The bllowing e shs message ssnt to the
ssaats on Monday, v.soins tks rreedmen's
Bureau Bill, -idtsoAaeed b Senator Trum.
AStlsroS s3fssSE s,ss~ 49, sfss4 .u II
80 hay, esxsaimrinsd With car. the bill
vhleA originated In the Senate, and has
Nh paited by the two houscs Ut Congress
u 2eAchd an act TO establish bureau for
66sfelief 81 freedmen and refugees, and for
Oehet proposes; having with much regret
Cont sUthe conclusion that II would not
~ consistent with the public welfare TO
give my approval TO tire measure, return
In bill to the Senate, with my objections
~ it, beceniag Law. /
Il might call 70 mind in advance Of these
ohae2ti0ns that there ID no immediate ne
cesity for the proposed measure. The
81 establish Bureaus for the benefit Of
freedmen and refugees which was approved
In thu month OF March last, has not yet cx
pifed. 1t was thought stringent and extsn
sive for the purpose in view. Before il
ceases To have effect, further experience
may assist to guide us to wise conclusion
rs to the policy to be adopted in time OF
peace. have with Congress the strongest
desire to secure to the Freedmen the full
enjoyment Of their freedom and their pro
psrty, and their entire independence ana
equality in making contracts for their labor,
bat tue bill before me contains provisions
which arc not warranted by the Constitu
ton, and are not well suited to accomplish
tho end in view. The bill proposes 70 cs
tablish the authority of Congress and mill
tary jurisdiction over all parts Of the
United States containing refugees and
freedmen 1t would by It's very nature ap-
ply with most force to those parts of til.
United States in which the Freedmen most
abound. ana it expressly extends the exist
ing temporary Jurisdiction of the Freed
mems Bureau, with greatly enlarged pow
ers, over those States in which the ordl-
nary course ofjudicial proceedings has been
interrupted by the rebellion.
The source from which this military
jurisdiction is to cmanatc is none othel
than the President OF the United States
acting through the War Department, ana
the commissioner OF the FIeedmcns Blu
ruau. The agents to carry out this militia
~ jurisdicti IN are to be selected either
from the army or from civil life. lht
country is to be divided into districts ana
sub.dstricts, and tho number oil salaricd
agents to be employed may DC equal 10 tn.
number Of counties or parishes IN all 10
United States where freedmen and
gees are to be found The suDi.~' '
which this jurisdiction is to cx,e,, ~ ,no,.s
part Of the United States, IL aIudes M,
to afford protection to ali err .,,o.ar
agents and officers of this b. -p.o'.,'
exercise o. the duties inn. .,scd upon them
by the bill. In cieve.. states it ,s f,r,hr'
~ eA'en;, over I'll cases alrcctinu freedom,
ana Refugees Disseminated a,ainst b,
ioc"' law, custom. or prejudice in lhos.
eies'n States. The bill subjects anv whit,
person who may be charged with depr,y
my a freedman OF any civil at or i,nmu
mites belonging to wb. ,..,sous 10 i'm
Pris"nmcnt or tine, III. r,.;,i,,n, how
ever, defining a. Or potl "i''o'' Ivy"
tics ,vL,ci, ..r civil rights and inmunl
frasd,r are thus to be secured to tn
4. len by the military law. THIS mill
NV jurisdiction also extends to all ques
tons that may arse respecting contracts
The agent who is thus 70 exercise the OF
flee OF military Judge may bc as lawyr
entirely ignorant Of the laws OF the piac
and exposed to the errors Of Judgment !
which all men are liable. The exercise {
power, over which there is no legal supc
vision, bv 80 vast Il number OF agents rs
contemplated by the bill, must by the vel
nature % man be attended by acts OF C
price, injustice and passion The trla
having their origin under this bill, are
take place without the Intervention oil
jury, and without any fixed rules of law {
evidence The rules on which offences al
to be heard and determined by the hume
Gus agents are such rules and regulation
- the President through the War DepaI
ment shall prescribe. No previous prcsen
ment is required. nor any indictment char
ing the commission of a crime against II
laws, but the trial must proceed on chars
and specifications. The punishment WI
not be what the law declares, but such
court martial may think proper, and iro
these arbitrary tribunals there lies no n
peal, no writ ofcrror to any Of the courts
which the Constitution OF the United Stat
rests exclusively the Judicial power
the country While the territory and Il
class of actions and offences that are AZ
subject to this measure are SO extcnsiy
the bill ITSELF should it become a law, wi
have no limitation in point OF time, Ut
will torn part of the permanent legisl
ton OF the country. cannot reconcile
system OF military jurisdiction of this kin
with the words OF the Constitute
which declares that no person shall
tried to answer for capital crime orothc
inf al oft. ,ig
presentmcnt or Indictment Of gran
jury, except IN cases arising in the land
naval forces or in the militia when
actual service in time of war or publ
danger and that in all criminal prose-,
tions the accused shall enjoy the night
speedy and publlc trial by an impartii
jury of the State or District wherein I'll
crime shall have been committed.
The safeguards which the wisdom an
experience OF ages taught our fathers I
establish rs securities for the protection {
the innocent, the punishment of the gailt
and the equal administration Of justice, III
to be set aside, aud for the sake of Il MOI
vigorous inicrpnsitIon in behalf OF .bustit
We are 10 take the risks of the many act
OF injustice that would, of necessity, folio
from al almost countless number of agent
established in every part of the cnuntr
in nearly third of the States Of the Uniol
over whose decision there is to be no 81
pervsion or control by the Federal Court
The power that would I've thus placed i
the hands of the President to use rs in
time of peace certainly ought never to y
entrusted to any one man. II it be aske
whether the construction OF such Il tShi
nal within State is not warranted rs
measure OF war. the question ilnmcdiatel
presents itsslf il, even if we are engage
in war. we had better not unncc,ssaril
disturb the course Of credit ana indusir
OF the country. Our people and the worl
zee that the United States are not still In
condition of civil war At present thcr
10 no part of our country in which the n,
thority of the United States is dispute,
Offences that may be committed by ind
viduals should not work forfeiture of I'll
rights of entire communities. The countr
has entered on and is returned to state
peace and the pursuits of industry, an
the rebellion is, in fact, at an end Til
measure, therefore. seems to I've as inconsi
tent with the actual condition of the coul
try rs it is vt variance with the Constit,
ton of the United States.
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