, 1866-07-27

To the House Of Representatives. A careful ex-
animation of the bill passed BY the two house
of Congress, entitled an act to continue in force
and amend an act to establish bureau for
the relief Of the freedmen and refugees, and for
other purposes, has convinced me thatthe legis-
| lation which it proposes will not be consistent
with the welfare of the country, and that il falls
clearly within the reasons assigned in my mess
sage of 10Th of February last returning without
my signature similar measure which originated
In the Senate. 1t is not my purpose to repeat the
| objections which were then urged. They are all
| yet fresh In your recollection and can be readily
examined part of the records OF one branch
of the national legislature. Adherng to the
principles set forth in that message, now reaf-
hrm them and the policy therein indicated. The
| grounds tpot which this kind of legislation can
be justified, is that of the warmakiEg power, and
the act of which this bill is intended part
was passed during the existence OF the war. By
Its own provisions, it was to terminate one year
from the cessation OF hostilites and the declara-
hon of peace. 1t is therefore yet IN existence,
and it is likely it will continue in force as long
as the freedmen may require the benefts of its
proSisions- u will certainly remain 10 operation
as law until some months subsequent to the
meeting of the next Congress, when, if expert
ence shall show the necessity Of any additional
legislation, the two houses will have ample
time to mature and pass the requisite measure.
I
| should this war measure be continued beyond
the period designated in the original act, and
why in the time Of peace should military tribu>
mails be allowed to continue? Until each State
shall be fully restored to its ordinary relations
to the Government, and shall be duly renresen-
ted in the Congress of the United States it was
manifest with respect to the act approved March
3Oth, 1866. that prudence aud wisdom alike res
CURED that the jurisdiction over ali cases con-
nf a
rights Of citizenship, as well protection of
person and property Should be-cOnierred upon
some tribunal. 10 every State or district where
the ordinary course of judicial proceedings is no
longer interrupted, the courts, both State and
Fede-alare in complete and successful operation,
and through them every person, regardless of
race or co.or, Is entitled to and can be heard
Protection granted to white ctIzens and already
conferred by law upon the freedmen is strong
anu stringent. As guards by way of penalties
and punishment are thrown around their persons
and property, it is believed that ample protection
will be afforded them by due process of laww.ta.
out resort to the cxpedleut of military tri-
bunal. Now that the war has been brought to Il
close and the necessity no longer existing f!r
such tribunals which had their ofigiu IL tue war,
grave objections TO their maintaiuaucc must pre-
sent themselves to the mlads of all diSpassiOu-
ate persons, independently OF the danger to 4, /
representative republics of coHftrrug upon Ghr
military in time peace, extraordinary powers so
carefully guarded against by the patriots and
statesmen ot the earlier days OF the republic aud
so frequently the ruin OF governments founded
upon tn same free principles and subversive of
OF the rights and liberties of the citizeus The
question of practical economy commends itself
70 the consideration Of the law making powers
with an immense debi already bnrdeuiug the in
come Of the industrial and laborng classes
due regard for their interest SO insepirdbly con
nected with the welfare Of the country should
prompt US to rigid economy aGi rctrcnc.meut
and influence us 10 abstain from all legislation
tnat will unnecessarily increase the pubic in
debtednesS. Tested by this rule of sound pulit.
ical wisdom, ! crn see no reason for the eslaj.
Ishmcnt of military jurisdiction conferred up
on the officials OF the bureau. By one section Of
the hil, and by the laws of the United States
and of different S'atcs, competeq, courts, fed
eras and S;atr,-have been established, and are
now in full practical operation. By means of
these simple tribunals ample redress is afforded
for all private wrongs, waetaer to the person or
the property Of :he cItIzen without denial or uaI
necessary delay. TIey are open to all, without
reg ! to color race. feel well assured 1t
Will be better to trust the rights, privileges and
immGuitcS Of citizens to tribunals that are to be
established and presided over by Competent AMI
impartial jldges bound by the fixed rules oflaw
aud evidence, and where the right of trial by in
:
or Judgment of officer of the bureau, wuo il
is possible IN ~ be entirely ignorant of priuci-
pies that underlie the just administration of law.
There is danger too, that conflict ofjurisdic-
tion will frequently arise between the civil courts
and military tribunals, each having concurrent
Jurisdiction over pcrSSGS and cause OF action, of
one jurisdiction, Hl!1 one administered by civil
law, the other y. military law. How is the cons
hlct to be settled, and who is to determine be-
tween tribunals when it arises In my opinion
it is wise to guard against such conflict by
leaving to the courts the jurisdiction of all civil
rgh and redress Of ali vio.ences. The fact cam
not be denied that since the cessation OF hoStlI.
ties many acts Of violence, such perhaps rs had
never been witnessed in their previous history
have occurred ia the States Involved in the late
rebellion. | believe however, that public senti-
meut will sustain me in asserting that such
deeds Of wrong are not conGIed to any parttcu>
lar State section, but are ma"lieSted all oven.
the country. demonstrating that the cause mat
mas produced them, dOnt depend on any par
ticular locality, but is the result OF the agitation
and arrangement incident to long and bloody
war. may urge upon your consideration the
additional reason that the recent develOpementS
in regard TO the practical operation OF the bu
reau in many of tire States show that Ill many
cases it is used by the agents means of prUI
noting their individual advantage, aud that
freedmen employed for the advancement Of
personal effects, OF Inherent ouctrS, instead OF
their owl i'm provement. By the provision of the
act, full protection is offered through the dis
trict courts of the United States, all persons
injured aud whose privileges as thus dictated,
are ia any way impaired, aud very heavy penal
ties are denounced against the person who will
fully violates tue law. | need not state that the
law did not receive my approval yet its rene |
dies are tar more preferable than those proposed
in tho present bill. Theonc being civil aud tb e
othpr military. By the 9Th section of the hill
herewith returned, the proceedings by which
the lands in the parishes Of the Lena and St.
Luke were sold aud bid in and afterwards DIS
posed of the tax collectors are confirmed and
ratified. By the 7th ON lCth and IIth sections,
provisions are made for rhe disposal of lands
thus acquired by particular class Of cItzens.
While quieting OF these titles is deemed npOr-
tant aud desirable, the determinations made IN
the bill seem objectionable, as does also tue ats
tempt to confer upon commissioners Judicial
powers by which citizens of the United States
are to be deprived Of property, in mode con-