Daily Richmond Whig. [volume] (Richmond, Va.) 1865-1869, 1866-02-21
r 70 N.
Overthrow of the revolutionary caber.
VETO OF THE FREEDMENs Bill.
From the National Intelligcncer of Yesterday
tn The Senate of The Urited Siates:

/ WNITW w IWT GGIITT, IN IW0 ~" T"-" = 49,
| Houses of Congress, to amend IN act entitled An
| act TO establish a bureau for the relief OF freedmen
and refugees" and for other purposes, haNlhS'
with much regret, come 10 the CONCLUSION thaI IL
wOuld notbe consistent with the public weilarS 70
give my approval To the measure, return the Dill 10
the Senate with my objections TO its becoming a law.
might tall to mind, in advance of these objections,
that there is no immediate necessity for the proposed
measure. The act TO establish a bureau LOT the IT,
lief of freedmen and refugees. which was approved
in the month of March last, has not yet expired, IL
was thought stringent and extensive enough TOT tue
purpose in view, IN time of war. Before l ceases 70
have effect, further experience may assist TO guide US
To a wise CONCLUSION as tO tue policy tn be adopted
in time of peace.
share with Congress the strongest desire to Sc
cure to the freedmen the full enjoyment OF tier
freedom and their property, and their entire lnde-
~pendence and equality in making contracts o rtheir
labor; but the bill before me contains provisions
which, in my opinion, are not warranted by the
Constitution, and are not well suited to accomplish
the end in view. H ..H..H.
= The I'LL proposes to establish, by authority of Con-
gress, military jurisdiction over all parts of the
United States containing refugees and freedlnen.-
1t would, by its very nature, apply with most force
10 those parts of the United States in which the
freedmen most abound; and it expressly extends the
existing temporary jurisdiction of the Frcedmcns
Bureau, with greatly enlarged powers, over those
States sin which the ordinary course of judicial
nroceedingS has been interrupted by the rebellion"
The source from which this military jurisdiction is
to enanate is none other than the President OF the
United States, acting through the War Department
and the Commissioner of the Frcedmcn's 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 sub
districts. and the number of salaried agents to he
employed may be equal to the numbers oil counties
or parishes in all the United States where freedmen
and refugees an TO be found.
The subjects over which this military jurisdiction
is to extend, in every part of the United States, i'll.
clude protection to all employees. agents aud OH.
GERS of this Bureau in the exercise OF the duties im-
posed" upon them By the bill, In eleven States it is
further to extend over all cases affecting freedmen
and refugees Disseminated against by local law,
custom or prejudice" In those eleven States the
bill subjects any white person who may be charged
with d~epriying Il freedman of sany civil rights or
immunitieS belonging to white persons" to imprison-
ment or liuc, or both, without, however, defining the
. civil rights and immnnities' which are thus to he
secured to the freedman by military law. This mill
tary jurisdiction also extends 10 all questions that
may arise respecting contracts. The agent, who IL
thus to exercise the Office Of a military judge, may
be a stranger, entirely ignorant OF the laws of the
Mace and exposed to the errors of judgmcnttO which
all men are liable. The exercise of power, over
which there is no legal supervision, by 81 vast ii num-
Der of agents rs is contemplated by the bill, must,
by the very nature Of man, be attended by acts oI
caprice, injustice and passion.
The trials having their origin under this bill are
to take place without the intervention OF II Jnry, ana
without any fixed rules Of law or evidence. The
rules on which offences are to he - heard and deter
mined" by the numerous agents, are such rules and
regulations rs the President, through the War De-
partment, shall prescribe. No previous pr~csentment
il required, nor any indictment charging the com
mission of a crime against the laws; but the TRIAL
must proceed on charges ana specifications. me
punishment will be not what the law declares, but
such as a court.martial may think proper. Aud
from these arbitrary tribunals there lies no 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 terri
tory and tie classes of actions ana offences That are
made subject to this measure are 50 extensive, tile
bill itself should it become u law, will have no Inn
.itation in point of time, but will form a part OF tine
permanent legislation of the country. ] cannot
reconcile Il system of military jurisdiction OF tins
kind with the words of the Constitution, which de
clare that "nO person shall be held to answer
for 4 capital or otherwise infamous crime, unless
on a preSentment or Indictment Of Il grand
Jury, except in cases arising IN the lana ana ma
val force, or in the militia when in actual service III
time of war or public danger" and that "in all crilLl-
inal prosecutions the accused shall enjoy the right
to a speedy and public trial by an impartial jury oil
the State or district wherein thc crime shall have
been committcd.' The safeguards which The eXpe-
ricnce and wisdom of ages taught our Fathers TO cS'
tablish rs securities for the protection OF the lnho-
cent. the punishment of the guilty, and the cqHai al
ministratiOn of Justice, are 10 be set aside, ana Tor
the sake OF Il more vigorous interpretations, IN behalf
of Justice, we are to take the risk OF the many iiclS
of Injustice that wOuli. necessarily follow from an
almost countless number OF agents, established in
every parish or county in nearly i tlnrd OF the States
of the Union, over whose decisions there u tn he no
supervision Or control by the Federal c0uriS, The
power that would he thus placed IN the hands OF the
President is such as in time of peace certainly
ought never to be entrusted to any one man.
If it he asked whether the creation of such 4 trlbu-
nal within 4 Stale is warranted as a measure OF war,
the question immediately presents itself whether we
are still engaged III war. Let US not unnecessarily
disturb the commerce., and credit, and industry OF
the country by declaring 10 the American people ana
Ia the world that the United States are still III Il con-
dition of civil war. At present, there is no part OF
our country in which the authority OF The Unlicd
States is diSpntcd. Offences that may be committed
| by individuals should not work u forfeiture oil the
rights of whole communities. The country has re-
turned, or is returning, to 4 state OF peace and m
dustry, and the rebellion is, in fact. at an end. The
measure, therefore, seems TO lie ~ inconsistent with
the actual condition of the country as It is at yari'
/ amcc with the Constitution of the United States.
If, passing from general considerations, We eN-
mine the bill in detail, It is open TO wcighty objec,
tons.
should provide for those who were passing suddenly
from a condition Of bondage to a state 0i freedom.
But this bill proposes to make the Frccdmels Bu-
rcau, established by the act Of 1850 a. one oil many
great and extraordinary military measures TO sup,
press Il formidable rebellion, a permanent branch oi
the public administration, with its powers greatly
ENLARGED. have no reason to suppose, and do
not understand it TO he alleged, that the act OF
March, 1865, has proved deficient Tor the purpose Tor
which il was passed, although at that time, ami Tor
a considerable period thereafter, the Government of
the United States remained macknOwledged in most
of the States whose Inhabitants had been involved
in the rebellion. The institution of slavery, for the
| military destruction Of which the Freedmcn's Bn-
reau was called into existence rs an auxiliary, mas
been already ellectually and finally abrOgaied
throughout the whole country by an amend
ment of the Constitution of the United States,
and practically its eradication has received
the assent and concurrence of most OF those States
in which it AT any time had an existence. am not,
| therefore, able to discern i. the condition OF the
country anything to Justify an Apprehension that
the powers and agencies OF the Freedmen 5 Bureau,
which were effective for the protection OF freedmen
and refugees during the actual continuance oil hos
Utilities and the African seryitude, will now, IN a
| time of peace and after the abolition of slavery,
prove inadequate TO the same proper ends. u am
correct in these views there can he no necessity Tor
the enlargement of the powers OF stlIe bureau, ior
which provision is made in the bill.
The third section of the bill authorizes n general
and unlimited grant of support to the destitute ana
suffering refugees and iccdmcn, Their wives ana
children. Succeeding sections make provision Tor
the rent or purchase OF landed estates for freedmen,
and for the erection for their benefit nt suitable
buildings for asylums and schools, tie expenses to
be betrayed from the treasury of the whole people.
The Congress of the United States has never hereto
fore Thought Itself empowered 10 establish dsllllnS,
beyond the limits of the District OF Columbia, eX-
cent for the benefit of our disabled soldiers and
sailors. 10 has never founded schools Tor any
class of our own pcOple-nOt even for the orphans
of those who have fallen in the defence OF the
Union, hut has left the care OF education to
the much more competent and efficient control Of
the States, of communities, Of private associations,
and of individuals. 1t has never deemed itself an-
| thorized to eXpcnd the public money for the rent or
nur, base of homes for the thousands, not 10 say
millions, OF the white race who are honestly toiling
from day to day for their subsistence. A system for
the suppoft of INDECENT persons in the United States
was never contemplated by the authors of tue Con-
s%titution nor can any good reason be- advanced
why, as a permanent establishment, il should be
founded for one class or color Of our people more
than for another.
Pending the war, many refugees and freedmen re-
ceived support from the Government; but il was
never intended that they should thcncelorth he fed,
clothed, educated and sheltered by the United
States. The idea on which the slaves were assisted
to freedom, was that on becoming free they would
he a self-Sustaining population. Any legislation
that shall imply that they are not expected TO attain
A se!f.suStaining condition must lave a tendency in
furious alike to their character and their prospects.
The appointment OF an-Ggent for every county aud
parish will create an immense patronage, and the
expense of the numerous officers and their clerks, to
be appointed by the President, will be great in the
beginning, with a tendency steadily to increase.
80 - - In. D..