New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-02-21
VETO OF THE FREEDMEN'S BUREAU
III nj BILL. v Ees
THE PRESIDENTS MESSAGE.

~ ",yF" 7tF . I f. 3
To the Senate of the United States: n. .H% s
have examined with care the bill which orig
mated in the Senate, and has been passed by both
Houses of Congress, to amend an act entitled an
act to establish bureau for the relief of freedmen
and refugees, and for other purposes. IA gFzs
x Having, with much regret, come to the conclu-
sion that it would not be consistent with the
public welfare to give my approval to the measure,
I return the bill to- the Senate with my objec-
lions to its becoming law. ] might call toSnind,
in advance of these objections, that there is no
immediate necessity for the proposed measure. a5I
The act to establish a bureau for the relief of
the month of March last has not yet expired. 1t
was theughtto be stringent enough for the pur-
poses in view before it ceases to have effect.
Further experience may assist to guide ms
to be adopted in time of peace. Ihave, with Com
gress the strongest desire to secure to the freed
men the full enjoyment of their freedom and ther
property, and their entire independence and
equality in making contracts for their labors but
the bill before contains provisions which, in my
opinion, are not warranted by the Constitution,
and are not well suited to accomplish the end in
view. The bill proposes to establish by authority
of Congress, military Jurisdiction over all parts OF
the United States containing refugees and freed
men, 1t would, by its very nature, apply with
more force, to those parts OF the United States in
which the freedmen most abound ); and i expressly
| the Freedmen's Bureau greatly enlarged powers
over those acts in which Che ordinary course of
| judicial proceedings has been interrupted by
the rebellion, the agents Of which [evidently
| the Freedmen's Bnreau-EDs. CRESCENT are
| to be selected either from the army or from
civil life. The country is to be divided into dis
tricts and districts, and the er of special
agents to be employed may be equal to the num-
! Der of counties or parishes in every part of the
| United States where freedmen and refugees are
| to be found. '' t'.,@ - Is" ft -r.l
| The subjects over which this military jurisdiction
is to extend in every part Of the United States in
clude all employees, agents and officers of the
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 re-
fugees who may be Disseminated against by local
laws, customs or prejudices In those eleven
States the bill subjects any white person who may
be charged with depriving a freedman of any civil
rights or immunities belonging to white persons,
to Imprisonment or fine, or both ,fwithout, how
ever, defining the civil rights which are
thus to be secured to the 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 military judge, may be stranger, en-
tirely ignorant OF the laws and exposed 10 the er
rors of jud Jment to which all men are liable in the
exercise of power over which there is no legal
supervision. The proceedings of 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 jury, and without any fixed rules of law or
evidence. The rules on which otenses are to be
heard and determined by the numerous agents.
are such rules and regulations as the President
| through the war department may prescribe,
No previous presentment is required, nor any in.
dictment charging the commission of a crime
against law but trial must proceed on the charges
and specifications. The punishment will not be as
law declares; but such as a court MARTA
| M think nrnnar and these arbitrary tribunals
there is 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 otfenses that are made subject to this measure
are so extensive, that the bill itself, should it be
come law, will have no Limitation in point O.
time, and will form part of the permanent legsla
I ton of the country. e. H -A =
/ l cannot reconcile system of civil juris
diction of this kind with the words of the Con
stitution, which declares that no person
shall be held to answer for capital or otherwise
infamous crime, unless on presentment or lndlct
ment of grand Jury, except in cases arising il
the land or military forces, or in the militia Whef
in actual service i'll a time of war or public dan
ger, and that in all criminal prosecutions the &C
cused shall enjoy the right to speedy and pubic
trial by an impartial jury of the State or distric
wherein the crime shall have been committed
The safeguards which the wisdom and experienced
OF ages chosen by our fathers to establish al
securities for the protection of tn limo
cent, the punishment of the guilty, and the equa
administration of Justice are to be set aside AMI
for the sake of lure vigorous lnterposltlon III be
half OF Justice, we are to take the risk O, I'M
many acts OF injustice that would OF necessity FOL
low from an almost countless number OF agent
, established in every parish or county in nearly
every one of the States of the Union, over who's
decision there is to be supervision or control b.
the Federal courts. The power that would be thu
placed in the hands of the Presidents such as il
times of peace certainly never ought to be en-
trusted to any one man. If it be asked whethe
t the creation of such a tribunal within State i
warranted as measure OF war. the question pre-
= sents itself whether are still engaged in war
Let us not unnecessarily disturb the commerce
credit and industry OF our country by declarn!
to the American people and the world, that tn
United States are stillln condition OF civil war
At present theIe is no part OF our country IN Whc
: the authority of the United States is disputed
; Oienses thai may be committed by individual s
should not work q forfeiture of the rights OF TIL
same communities. The country has entered or i
= returning to a state of peace aud industry. Tn
rebellion is in fact Al aa end. The measure therefore
seems to be as inconsistent with the acsua Don
dition of the country IS at Variance with the Con
stiluEiun Of the United States. II passing frol
general considerations we examine The bill in de
tail it is open 10 Weighty objections. In time o
war it was eyidenty proper that we should pro
. vide for those who were passing suddenly from
condition of bpndage to a state II freedom; blu
the bill proposes TO make the FEeedmens Rnreap
established by the act Of 1850, as one Q
> the many great and extraordinary military mes
sure to suppress Formidable rebellion perina
nent branch Of the public administration with il
4 power greatly enlarged [ have no reason
suppose, and do not understand it 10 be aliege
that the act of Mayct, lists, has proved defcieI
8 fog the purpose Ter which it was passed, athou9
:, at that time, and Tor considerable period there
n aiier, the gov erintenb nf the United Staff
:. remained unaci noyledged in most OF the Statf
IL whose Inhabitants had involved In the rel
lion. The institution of slavery, Tor tho ae,ttu
t+so ~ rf, 4hl