Evansville daily journal. (Evansville, Ind.) 1863-1866, 1866-02-21
Freedmen's Bureau Bill.
The Presidents Veto
His Reasons Therefor.
WAsHINoroN, Feb. l9.

tabl sh a bureau for the relief OF freed
men and refugees. and for other pnrpos-
es." 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 objection
to its becoming lave l might call to
mind, in advance of these objections,
that there is no immediate necessity for
the proposed measure; the act to estab-
lish 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 and ex-
treme enough for the purpose, In view
of the fact that before it ceases to have
effect, further experience may assist to
guide as to wise conclusion 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
and equality, and in making contracts
for their labor, but the bill before me
contains provisions which, ia my opln'
ion, are not warranted by the Constitu
ton, and are not well suited to accom-
plsh the end in view.
The bill proposes TO establish, by the
authority Of Congress, military jurisdie-
tion over ali parts of the United States
containing refugees and freedmen. 1t
would, BY its very nature, apply with
most force to those paris OF the United
States in which the freedmen most
abound, and 1t expressly extends the ex-
i,ting temporary jurisdiction of the
Freedmen's Bureau, with greatly eniarg-
ed powers, over those States in which
the ordinary course of judicial proceed
ings has been interrupted by the rebel
lion.
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 Commissioner of the Freedmen's
Bureau. The agents to carry out this
military jurisdiction are to be selected
either from the army or from civilians; !;
the country is to be divided into districts
and subdstricts, and the number OF
salaried agents to be employed may be
equal to the number of counties or par
ishes in all the United States where freed
men and refugees are to be found. The
subjects over which this military juris-
diclion is to extend in every part of the
United States include protection to all
employees, agents Iand officers of this
Bureau in the exercise of the duties I'M
posed upon them BY the bill IN eleven
States; it is further to extend over all
cases effecting freedmen and refugees
discriminated against by local laws, Gus.
toms and prejudice.
In those States the bill subjects any
white person who may be charged with
depriving freedman of any civil rig BITS
or immunities belonging TO white per
sons, to imprisonment or fine, or both,
without, however, defining the civil
J rights and immunities which are thus to
be secured to freedmen by military law,
This military jurisdiction also extends
to sll questions that may arise respect
ing Contracts. The agent who is thus
to exercise the office of military judge
may be stranger, entirely ignorant o
the laws of the place, and exposed tC
theories of Judgment to which all mer
are liable. The exercise of power, owe
which there is no legal supervision, by 81
vast number of agents as is contem
+, plated by the bill, must, by the very ma
3 ture of men, be attended by acts of ca
Z price, injustice and passion.
! The trials having their origin unde
! this bill are to take place without IN
: intervention of jury, and without an
?, fixed rules of law or evidence. Th
a rules on which offenses are to be hear
$ and determined by the numerous agent
are such rules as the President, throug
the Far Department, shall prescribe n
u previous presentment is required, nt
any Indictment charging the commissio
p of crime against the laws. The tri'
~ must proceed on charges and specifics
"a tions; the punishment will not be as Il
law declares, but such as q court marti
may think proper, and from these arb
u trary tribunals there lies no appeal,
10 writ of error, to any Of the courts
o. which the Constitution of the Unite
States rests exclusively the judici
o. power of the country, while the territor
ca and the class OF actions and offena
10 that are made subject to this measur
er are so extensive. The bill itself, shou
he it become q law, will have no limitatiC
nt in point of time, but will form q part
g. the permanent legislation of the coun.r
oy can not reconcile system of militia
e. jurisdiction of this kind with the wor
= of the Constitution which declare. :"
~ person shall be held to answer for
ne capital, or otherwise infamous erin
a. unless on a presentment or an indl
ment of a grand jury, except in cal
~ arising in the land or naval forces, or
n the militia, when in actual service,
NJ time Of war onpublic danger" and Il
Tin all criminal prosecutions, the accus
ST. shall enjoy the right of q speedy q
'on public trial, by an impartial jury of |
ATE State or district wherein the crime sh
Iecs have been committed"
the The safeguards which the wisdom {
experience of ages taught our fathers
ars establish as securities for the protect
be of the innocent, the punishment OF
tied guilty and the equal administration
IN iustice are to be set aside, and for
as sake Of more vigorous interpositioI
and behalf of Justice, we are to take the
Of the many acts of injustice that W.
of necessity, from an almost count
c'n- number of agents, established IN O.
!, we narish or county in nearly a third OF
States of the Union, over whose deci
over there is to be supervision contra
anita by the Federal Courts. The power
the would be thus placed in the hanjs oi
,utes President is such as in time OF p
are certainly ought never to be entruste
s on any one man.
ago, If 1t be asked whether the creatio
as such tribunal within State is war;
Each ed, as a measure of war, the quei
Idred Immediately presents itself, whethe
te of are still engaged in war. Let US no
sand necessarily disturb the commerce, c.
locks and industry of the country by decla
ting, to the American people, and the W,
rame that the United States are still in q
'. Eve dition of civil war.
They At present there ia no part Of
their country in which the authority o
and United States is disregsrded. Offe
ch by that may be committed BY indivi,
enew- should not work q forfeiture of righ
char. the same community. $500
The country has entered, or is re