The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1866-02-28
The Presidents Veto Message.

t. the senate " tle United states,
have examined with care the bill which
originated IN the Senate and has been
passed by both Houses Of Congress. to
amend ali act entitled an act 10 establish
Bureau for the relief OF Freedmen and
Refugees. aud for other purposes. Hav-
inc. with much regret. come 10 the cOnclu-
sion ihat it would not he consistent with
The public welfare 10 give nv approval To
tue measure | return Tie bill 10 the sen
ate with uly objections 20 its becoming a
Jaw
might call 90 mind. IN advance OF these
objections, that there is DO immediate ne
cesslty for the proposed measure The act
10 establish i Bnreau for the reiiefof Freed
men and Refugees which was approved IN
the month OF March last has not vet eXpi-
red. 10 was thought stringent, aud extern
sive enough for the purpose IN view Be
fore il ceases tO have effect further expert
ence may assist us 10 a wise conclusion a.
20 The policy % De adopted In time Of peace.
have. Hiln Congress. the stOngest de-
sire 10 secure 90 the freedmen the full en-
iovmeuf of fheir freedom and their property
and fheir eafire Independence and equality
iu making contracts for their labor. But
fhe b.. before me contains provisions
which in my opinion, are not warranted by
tle Constitution, and are not well suited 10
accomplish tie end in view. The bill pro-
poses 20 establish, 10y authority OF Con-
gre--. military jurisdiction over all parts Of
tie United states in which the freedmen
most abound. and il expressly extends the
temporary jurisdiction of the Freedmen's
Bureau. with enlarged powers. ever those
states iu which the ordinary course OF lu-
Glcial proceedings has been interrupted by
military jurisdiction Is To emanate IS none
other than he President acting through
the War Department. and the Commission
ers OF the Freedmen's Bureau. The agents
To carry out his military jurisdiction are
20 he se.ecie. either from the army or from
civil life. The country Is 10 be divided into
districts ana sub-districts, and the number
of sAariei agents 10 bee employed NAV be
equal 90 the number Of counties or parishes
ia All the United States where freedmen
and refugees are 10 be found. The subjects
over which This military Jurisdiction Is to
extend IN every part OF the United States.
include protection 10 all employees. agents
or officers OF tins Bureau, IN the exercise OF
The duties imposed upon them by the bill
I'm eleven states il is further TO extend over
cases affecting freedmen and refugees dis
crimnated agans, by local law. custom or
prejudice. In those eleven States the bill
subjects any white person who may be
charged with depriylng the freedmen of
any civil rights or immunites belonging to
white persons 10 Imprisonment or fine. or
both. without, however, defining the civil
rights and lmmunites which are thus to be
secured 10 the freedmen 10y military law.
This military Jurisdiction also extends TO
all questions that may arise respecting con-
to So -.f..r
the Office of a military Judge may be a
stranger, entirely ignorant Of the laws OF
the place and exposed to the errors of
judgment TO which all men are liable
The exercise of power over which there is
10 legal supervision by so vast a number OF
agents a IS contemplated by the bill must
10y the very nature of man. be attended
bV acts Of caprice Injustice aud passion.
The trials having their origin under this
bill are TO take place without the iuteryen-
ton of jury. and without any fixed rules
of law or evidence. The rules on which
oflenses are 10 bee heard and determined bv
The numerous agents, are such rules and
regulations Is the President, through the
War Department, shall prescribe. No pre-
vIOus presentment IS required. nor any
indictment charging the commission OF a
crime against the law, but the trial must
proceed on charges and specifications The
punishment Will not be what the law de-
cares, but such as court martial may
think proper, and from these arbitrary tri-
bunais there lies no appeal, nor writ OF err
ror 10 any of the courts in which the Con-
stltutiOn vests exclusively the judicial pow
er OF the country.
While the territory, and the class of ac-
tons and oflenses that are made subject to
IN ho 81 -
sell, should il become a law, will have no
limitation in point of time. but will
form part of the permanent legislation of
the country. | cannot reconcile a system
OF military jurisdiction Of this kind with the
words OF the Constitution. which declare
that "nO person shall be held 10 answer for
capital or otherwise infamous crime IN
~ "a. a preSentment or indIcIfiienI " e.
grand jury, except IN cases arising in the
land or naval forces, or in the militia when
IN actual service IN time of war or public
danger and that in all criminal prOsecu-
tIOns, The accused shall enjoy the right 10 a
speedy and public trial 10y an impartial jury
OF the state or district wherein the crime
shall have been committed" The safe
guards which the wisdom and experience
Uf ages taught our fathers to establish as
securities for the protection or the innocent,
y.
administration Of justice. are TO be set aside,
and, for the sake OF more vigorous inter
position in behalf Of justice. we are to take
the risk OF the many acts Of injustice that
would of necessity follow from an almost
countless number Of agents established in
almost every parish or county in nearly a
third OF the States Ofthe Union. over whose
decision there Is 10 be no supervision or
control 10y the Federal courts The power
that would be thus placed in the hands OF
the President. is such a.. in time OF peace.
certainly ought never 10 be entrusted to
any man.
II it be asked. whether the erection of
such a tribunal within a state is warranted
as measure Of war the question immedI-
ately presents Itself whether we are still IN
war. Let Us not unnecessarily disturb the
commerce, and credit and industry Of the
country by declaring TO the American
people and the world that the United States
are still IN a condition Of civil war AT
present there is no part Of our country 10
which the authority Of the United States is
disputed. Ofienses that may be committed
10y individuals should not work a forfeiture
ofthe rights OF the same communities The
country has entered. or is returning 70. 2
state OF pease and industry, and the REBEL
ION Is in fact al an end. The measure.
therefore seems 70 be as inconsistent with
the actual condition Of the country a. i. Il
at variance with the Constitution Of the
United States.
H. passing from general considerations.
we examine the bill IN detail, it Is open 10
weighty objections. In time OF war. 1t was
eminently proper that We should provide
for those who were passing suddenly from q
condition Of bondage 10 a state Of freedom.
But this bill proposes 10 make the Freed
mems Bureau, established by the act OF
1850. as one or many great and extraOrdin-
ary military measures TO suppress q fOrmii-
able rebellion. q permanent branch OF the
public administration. with its power:
, greatly enlarged. have no reason 10 sup
pose. and 10 not understand il 70 be al
leEed that the act Of March. 1855. ha,
proved deficient Tor the purpose for which
it was passed. although al that time. ans
Tor considerable period thereafter The
United states Government remained unac
! Ano~.el ID most Of the States whose inhab
tanis had been involved IN the rebellion