Delaware gazette. [volume] (Delaware, Ohio) 1855-1886, 1866-02-23
TsE FssEeMsass BUREAU BlLL VETOED 81 THE
psESIRERT-Hls MESSAGE 70 The SsHATE-s
MAsHINaToN. -. l9.

been passed BY the tao houses of Con
gress. to amend an act entitled an act
Ia establish a Bureau for the Relief Of
Freedmen and Refugees and for other
purposes" Having with much regret,
come to the conclusion that 1t 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 its becoming q law. l might call to
mind. in advance Of these objections, that
there Is no Immediate necessity for the
proDosed measure. The act to establish
a Bureau for the relief Of freedmen and
refugees, which was approved IN the
month of March last, has not yet expir-
ed 1t was thought stringent aud eXten-
sive enough for the purpose in view. Be-
fore it could have effect, further expert
ence may assist TO guide US to a cOnclu-
/ sion as to the policy to be adopted in
! time of peace
[ have, with Congress, the strongest
desire to secure to the freedmen the full
enjoyment Of their freedom and their
property, and their entire independence
aud equality In making contracts for their
labor, but the bill before me contains pro-
visions which, in my opinion, are not
warranted by the Constitution, and are
not we'll suited to accomplish the end in
view. The bill proposes to establish, by
authority of Congress, military jurisdic-
ton over all parts Of the United States
containing refugees and freedmen. 1t
would by It's very nature, apply with
most force to those parts of the United
States in which the freedmen most abound,
and it expressly extends the existing tenn
porary Jurisdiction 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 Department and
the Commissioners of the Freedmeus 5
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 be employed may be equal to
the number Of counties or parishes in all
the United States where freedmen and
refugees 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 these duties imposed upon them
BY the bill In eleven States it Is further
to extend over all cases affecting freed
men and refugees Disseminated against
by local law, custom or prediiuce. In
those eleven States the bill subjects any
white person who may be charged with
depriving q freedmen of any civil rights
or immunities belonging to white persons
to imprisOnment or fine or both, without
however, defining the civil rights and
immunities 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 ex-
ercise the Office Of a military judge, may
be a stranger entirely ignorant of the
laws Ofthe place, and exposed to the er-
rors of judgment to which all men are
liable The exercise OF power, over
which there is no legal supervision, by so
vast a number of agents as Is cOntempla-
ted by the bill, must, by the very nature
of man be attended by acts Of caprice, in
Justice and passion. The trials having
their Origin under this bill, are to take
place without the Intervention of a jury,
and without any fixed rules of law or evi- /
dence. TIE rules on which Offenses are 4
to be heard and determined by the nu-
merous agents, are such rules and regula- /
5ions as the President, through the War
Department, may prescribe. No pre-
Vious presentment Is required, nor any
Indictment charging the commission of a
crime against the laws, but the trial must
proceed on charges and specifications Z
the punishment will be, not what the law .
declares, but such as a court martial may
think proper, aud from these arbitrary trI- .
ounals there Is no appeal, no writ of error .
10 any of the courts IN which the Constitu-
ion of the United States vests exclusive
" the judicial power while in the terrific
res, and the class Of actions and Offenses
hat are made subject to this measure are
10 extensive. that the bill itself, should it
become a law, will have no limitation in
1oint of time but will form part of the
legislation of the country. I z
reconcile a system Of military
Jurisdiction of this kind, with the words
f the Constitution. which declare that
no person shall be held to answer for a
apital or otherwise infamous crime un-
ess on a presentment or indictment of a
rand jury, except in cases arising in the
and or naval forces, or in the militia
7hen In actual service in time of war or
ubiie danger, and that in all criminal
the accused shall enjoy the
light to a speedy and public trial by an
impartial jury to the State or district
therein the crime shall have been COM
litted.
The safeguards which the wisdom and J
Experience of ages taught our fathers TO
stablish as securities for the protection
the innocent, the punishment of the
uilty and the equal administration of I
lstice, are to be set aside, and for the c
IKE Of more vigorous Interpretation In S
ehalf Of justice, we are to take risk of b
le many acts of Injustice that would of q
eeessity follow from an almost countless t
umber of agents established In every i
lrish or county in nearly third of the Is
tates of the Union, over whose decision Il
.ere Is to be 40 supervision or control q
? federal courts. The power that would Ia
thus placed in the hands of the Presi- "
mt Is such as, In time Of peace, certainly y
Ight never to be entrusted to any one l
an. fC
IF it be asked whether the creation of Ia
ch a tribunal within State is Warran- Il
as measure of war, the question i'm to
sdiately presents itself whether we are
II engaged IN war. Let US not unne- IL
ssaTily disturb the commerce and credit II
d industry Of the country by declaring an
the American people and the world, th
At the United States are still in a con sh
ion of civil war. At present there is dc
)rity of the United States Is disputed tn
lenses that may be committed by indi- tn
uals should not work forfeiture of an
right of the same communities. The ON
lntry has entered, or is returning to a ~
te of peace and industry, and the rebel tn
D Is In fact at an end. The measure. toI
refoTe seems to be as inconsistent with ity
actual condition of the country as it can