Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-07-18


To the House Of Representatives:
A careful examination of the bill passed
by the two Houses of Congress, entitled
"An act to continue in Iorce and to amend
an act to establish a Bureau for the relief of
Freedmen and Refugees, and for other pur-
poses," has convinced me that the legisla-
tion which 1t proposed would not be con-
sistent with the welfare of the country, and
that iT falls clearly within the reasons as
signed In my message OF the 10th of Feb
ruary last, returning without my signature
q similar measure which originated In the
Senate. IL Is not my purpose to repeat the
objections which then urged. They are
yet fresh In your recollection, and can be
readily examined as part of the record of
one branch Of the National Legislature.-
Adhering to the principles set forth in that
message, | now re-affirm them, and the line
Of policy therein indicated. The only
ground upon which the kind Of Legislation
can be justified, is that of the war making
power. The act Of which this bill is In
tended as ameDdatory. was passed during
the existence of the war. By its own pro-
visions IL is to terminate within one year
from the cessation of hostllitles and the de-
claration of peace. 1t is, therefore, yet in
existence. 1t is likely that it will continue
In force as loUg as the freedmen may re-
QuIO TIC UcHtIbb VI lCS pIOVlSlOubs LII Will
certainly remain in operation as law until
some months subsequent to the meeting of
the next session OF Congress, when, II eX-
perience shall make evident the necessity
of additional legislation, the two Houses
will have ample time to mature and pass
the requisite measure. ea l.
In the meantime, the questions arise,
Why should this war measure be continued
beyond the period designated In the origi-
nal act, and why, In time Of peace, should
military tribunals be created to continue
until each State shall be fully restored in its
constitutional relations to the Government
and shall be duly represented in the Con-
gress of the United States? 1t was mani
fest, with respect to the actapproved March
3, 1856, that prudence and wisdom alike re-
quired that Jurisdiction over all cases con-
cerning the free enjoyment of the immuni-
ties and rights OF citizenship, as well as the
protection of person and property, should
be conferred upon some tribunal in every
State or district. Where the ordinary
course of judicial proceedings is no longer
interrupted, the Courts, both State and Fed
eral, are In full and complete and success
full operation, and through them every per-
son, regardless of race and color, is entitled
to and can be heard. The protection grant
ed to the white citizen is already conferred,
by laws, upon the freedmen, and strong and
stringent guards by way of penalties and |
punishments are thrown around hB person |
and property, and it is believed ample pro-
lection win be afforded him by due process |
Of law,swithout resort to the dangerous ex- |
pedient of military tribunals. Now that |
the war has been brought to close the ne |
cessity no longer existing for such tribun- |
ais, which had their origin in the war, grave
objections to their continuance must pre-
sent themselves to the minds of all reflect
ing and dispassiOnate men.
Independent of the danger In represen-
tative republics of comforting upon the
military, in time of peace, extraordinary
powers, lawfully guarded against by che
patriots and statesmen of the early days of
the republic. so frequently the ruin of gov
ernments formed upon the same full prin-
clples, and subversive of the rights and
liberties of the citizen, the question ofprac-
tical economy earnestly commends itself to
the consideration of the law-making pow
er. With an immense debt already bur-
dening the incomes of the industrial and
laboring classes, due regard for those in
terests, so inseparably connected with the
welfare of the country, should dispose us
to rigid economy and influence us to alb
stain from all legislation that would un-
necessarily increase the public indebted
ness.
Tested by this rule of sound political
can see no reason for the estab-
of the military jurisdiction con-
ferred upon the officials of the Bureau in
the fourteenth section of the bill. By the
laws of the United States and of the differ
ent States, competent courts, Federal and
State. have been established, and are now
In full practical operation. By means of
these civil tribunals ample redress is af-
forded for all private wrongs, whether
10 the person or property of the citizen,
without denial or unnecessary delay. They
ire open to all without regard to color or
race.
feel well assured that it would be bet
;er to trust the rights, privileges and i'm
Of citizens to tribunals thus es-
and presided over by competent J
md impartial judges, bound by fixed rules :
ot law and evidence, and where the right of
rial by jury Is guaranteed and secured,
han to the caprice or judgment Of an Off
,er of the Bureau, who, IL Is possible, may
be entirely ignorant Of the principles that
1nderlie the Just administration of the law.
There Is danger too that conflict of juris-
iction will frequently arise between the
Civil Courts and these military tribunals,
zach having concurrent Jurisdiction over
The person and the cause of action; the one
Jurisdiction administered and controlled by
slVll law, JUC Quiet ny mlllUdTY. I1OW Is
he conflict to be settled, and who is to de- ,
termine between the two tribunals when it
arises? In my opinion it is wise to guard
against such conflicts, by leaving to the
Court and jurics the prosecution of all
civil rights to redress, of all civil grievan-
ces. The fact can't be denied, that since
the actual cessation of hostilities, many !
acts of violence, such, perhaps, as had |
never been witnessed In their previous his
tory, have occurred In the States involved
In the recent rebellion. believe, how
ever, that public sentiment will sustain me
in the assertion that such deeds of wrong
are not confined TO any particular section,
but are manifested over the entire country,
that the cause that pro-
iuced them does not depend upon any par
ticular locality, but Is the result of the agi- |
tation and arrangement incident TO long
ana bloody war. While the prevalence Of
such disorders must be greatly deplored,
their occasional and temporary recurrence
would seem to furnish no necessity for the
extension Of the Bureau beyond the period
fixed in the original act.
Besides the objection have thus briefly
stated, may urge upon your consideration |
the additional reason that recent develop
ments in regard to the practical operation
of the Bureau in many Of the States show
that in numerous instances 1t Is used hy its
agents as q means Of promoting their indi-
Vidual advantage; and that the freedmen
are employed for the Advancement Of the
personal ends of the officers, instead of their
nx.r,, In, r,rnva unanf and rypI fara. and fhua