The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-02-24
Veto OF tho Freedmen. Bureau Bill.

l have examined with care the bill
which originated in the Senate, and has
been passed by the two Houses Of Con-
gress, to amend an Act entitled ''An Act
to establish Bureau for the relief Of
Freedmen and Refugees" and for other
purposes. Having, with much regret,
come to the conclusion that it would not
be consistent with the public welfare to
give my approval to the measure, return
the bill to the Senate with my objections
to it's becoming law. +If
l might call to mind, in advance of these
objections, that there is no immediate ne
ccssity for the proposed measure. The
Act to establish Bureau for the relief of
freedmen and refugees, which was ap-
proved in the month Of March last, has
and extensive enough for the purpose in
view IN time OF war. Before 1t ceases to
have effect, further experience may assist
to guide us to a wise conclusion as to the
policy to be adopted in time Of peace.
l share with Congress the strongest de-
Joyment OF their freedom and their pro-
Perty, and their entire independence and
equality in making contracts for their
labor; but the bill before me contains pro-
visions which, in my opinion, are not war
ranted by the Constitution, nud are not
we'll suited to accomplish the end in view.
The bill proposes to establish, by au-
thority Of Congress, military Jurisdiction
over all parts Of the United States contain
ing refugees and freedmen. 1t would, by
its very nature, apply with most force to
those parts Of the United States in which
the freedmen most abound; and it express
ly extends the existing temporary juris-
diction of the Freedmen's 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 emanate is none
other than the President of the United
States, acting through the War Depart
ment and tho Commissioner of the Freed
mems Bureau. The agents to carry out
this military jurisdiction are to be selected
either from the army or from civil life; the
country is to be divided into districts and
SUBJ districts, and the number of salaried
number of Counties or Parishes in all the
United States where freedmen and refu-
gees are to be found.
The subjects over which this military
jurisdiction is to extend in every part Of
the United States, include protection to
''all employees, agents and officers of this
Bureau in the exercise Of the duties inn
posed" upon them by the bill. In eleven
States it is further to extend over all cases
affecting freedmen and refugees discrimi-
mated against 'by local law, custom or
prejudice" In those eleven States the
OAAA ooO OlOSoo oily WuItc pcISOII VINO may De
charged with depriving a freedman of
"any civil rights or immunities belonging
to white persons" to Imprisonment or
fine, or bo th-without, however, defining
the civil rights and immunities' which
are thus to be secured to the freedman 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 q mill
tary judge may be stranger, entirely ig-
norant of the laws Of the place, and ex-
posed to the errors of 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 con-
templated by the bill, must, by the very
nature OF man, be attended by acts of ca
price, injustice and passion.
The trials having their origin under this
bill are to take place without the interven-
ton Of jury, and without any fixed rules
Of law or evidence. The rules on which Of
fences 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 pre-
vlous presentment is required, nor any
Indictment charging the commission of a
proceed on charges and specifications
The punishment will be-not what the law
declares-but such as a court martial may
think proper; and from these arbitrary tri-
bunals, there lies no appeal no writ of
error to any of the courts in which the
Constitution of the United States vests ex-
cluslvely the judicial power of the country
While the territory and the classes of ac-
tions and offences that are made subject to
this measure are so extensive, the bill it.
self, should it become law, will have no
limitation in point Of time, but will form a
part OF the permanent legislation of the
country. l cannot reconcile system of
military jurisdiction of this kind with the
words OF the Constitution, which declares
that mo person shall be held to answer
for capital or otherwise Infamous crime
unless on presentment or Indictment of a
grand jury, except in cases arising in the
land and naval forces, or in the militia.
public DANGER" and that Sin all criminal
prosecutions, the accused shall enjoy the
right to speedy and public trial, bv an
impartial jury Of the State or District
wherein the crime shall have been COM
mitted.'' The safeguards which the expe-
perlence and wisdom of ages taught our
fathers to establish as securities for the
protection OF the innocent, the punishment
of the guilty, and the equal administration
OF justice, are to be set aside, and, for the
sake OF more vigorous interposition in
behalf OF justice, we are to take the risk of
the many acts OF injustice that would ne
cessarily follow from an almost countless
number of agents, established in every
Parish or County in nearly third OF the
States OF the Union, over whose decisions
there is to be no supervision or control by
the Federal Courts. The power that would
be thus placed i'll the hands Of the Presi-
dent is such, as in time Of peace, certainly
ought never to be entrusted to any one
man.
Iflt be asked whether the creation of
such tribunal within State is warranted
as measure Of war, the question imme-
diately presents itself, whether we are still
engaged in war. Let us not unne cessarily
disturb the commerce and credit and in
dustry Of the country, by declaring to the
American people and to the world that the
United States are still in condition OF