The Van Buren press., 1866-03-10
The Presidents Veto Message.


passed by both houses of Congress to
amend an act entitled " An act to stab |
lish bureau for the relief CT ! dlen
and refugees and for other purposes
Having, with much regret come 10 the
conclusion that it would not be consist
ent with the public welfare to give my
approval to the measure, return the
bill to the Senate with my objections TO
its becoming n law.
n,,,ai,o So,t ~, urriu, IN advance OF
these objections that there is no immedi-
ate necessity for the proposed measure.
The act to establish bureau for the re
lief Of freedmen and refugees, which was
approved in the month Of March last has
not yet expired 1t was thought string
ent and extensive enough for the purpose
in view Before it ceases to have effect
further experience may guide us to a.
wise conclusion as to the policy to be
adopted in time of peace, | have, with
Congress, the strongest desire to secure
to freedmen the full enjoyment of their
freedom and their property, and their en-
tire independence and equality in making
contracts for their labor But the bill
before me contains provisions, which, in
my opinion are not warranted by the
Constitution, and are not suited to ac
complish the ends in view. The bill pro-
poses to establish BY authority Of Con-
grcss, military jurisdiction over all parts
of the United States containing refugees
and freedmen. 1t would. by its very ma
ture, apply with most force to those parts
Of the United States in which the freed
men most abound, and it expressly eX-
tends the existing temporary 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 Depart
ment and the Commissioner Of the Freed
mems Bureau. The agents to carry out
this military jurisdiction, are to be selec-
ted either from the army or civil life. The
country is to be divided into districts and
sub districts, and the number of salaricd
agents to be employed may be equal to
the number Of counties or parishes in all
the United States where freedmen or ref
gees are to be found. The subjects over
which this military jurisdiction is to cX
tend, are in every part Of the United
States, and to include protection to all
employees, agents and officers of this
bureau in the exercise of the duties impo-
sed upon them by the bill in eleven States.
1t is farther to extend over all cases af-
fecting freedmen and refugees discrimina-
ted against by local law, custom or pre-
.iudicc in those eleven States The bill
subjects any white person who may be
charged with depriving frecdman Of
any civil rights or immunties belonging
to white persons to Imprisonment or fine
or both, without, however, declining the
civil rights and immunites which are thus
to be secured to 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, entirely ignorant of the
laws of the place and exposed to the cr-
rors of Judgment to which all men arc
liable The exercise Of power over which
there is no legal supervision, by so vast a
number of agents rs 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 or
igin under this bill are to take place with
out the Intervention Of a jury, and with
ont any fixed rules Of law or evidence
The rules on which Offences are to be
heard and determined by the numerous
agents are such rules and regulations as
thc President, through the War Depart
ment shall prescribe. No previous pre-
sentiment is required, nor any indictment
charging the commission Of crime
against the laws, but the trial must pro
cecd on charges and specifications, The
punishment will not be as the law dc,iarcs
but such as Court Martial may think
proper, and from these arbitrary tribu-
nails there lies no appeal or writ Of error
to any Of the Courts in which the Consti-
tuition Of the United States vests eXclu
| sively the judicial power Of the country.
| While the territory and the class OF nc
! iions and offences that are made subject
to this measure are SO extensive, the bill
itself, should it become u law, will have