The weekly standard., 1866-03-03
Presidents : Message.


To the Senate Of the United States:
I have examined with care the bill
which originated in the Senate and has
been passed by both Houses of Con-
gress, to amend an act entitled an "act
TO establish q bureau for the relief of
freedmen and refugees, and for other
purposes. Having with much regret,
come to the conclusion, that it would
be inconsistent with the public welfare
to give my approval to the measure,
] return the bill to the Senate with my
objections to its becoming law.
/ might call to mind, in advance of
these objections, that there is no imme-
date necessity for the proposed meas
ure. The act to establish bureau for
the relief Of freedmen and refugees,
which was approved in the month of
March last, has not yet expired. It
was thought to be stringent enough
for the purposes In view. Before it
ceases to have effect. further expert
ence may assist to guide us to wise
conclusion as to the policy to be adop-
ted IN time of peace.
/ have, with Congress, the strongest
desire 10 secure to the freedmen the
iull enjoyment of their freedom and
property, and their independence
and equality in making contracts for
their labor; but the bill tefore us con-
tains provisions which. in my opinion,
are not warranted by the constitution,
and are not well suited to accomplish
the end in view.
The bill proposes to establish, by
authority of Congress, military juris-
diction over oil parts of the United
States containing refugees and freed
men. 1t would by its very nature, APP
ply with more force to those parts of the
United States iu which the freedmen
most abound, and it expressly extends
to the existing temporary jurisdiction
of the Freedman's Bureau, greatly en-
larged powers over those acts in which
the ordinary course of judicial procee-
dings had been interrupted by the re-
bellion.
The source from which the officers
are to be selected is either from the
army or from civil life; the country is
divided into districts and sub-districts;
and the number of special agents to
be employed, may be equal to the nnm-
Der of counties or parishes in every
part of the United States where freed
men and refugees are to be found.
The subjects over which the military
jurisdiction is to extend, in every part
of the United States, include all en-
ployees, agents and officers of the bu-
reau in the exercise of the duties inn
posed upon them by the bill. In elev-
en- States it is further to extend over
all cases affecting freedmen and refu-
gees who may be Disseminated against
by the local laws, customs or prejudi-
ces. In those eleven States the bill
subjects any white person who may be
charged with depriving freedman of
any civil rights or immunities belong
ing to white persons, to Imprisonment,
or fine, or both; without, however, de-
fning the civil rights which are thus
secured to the freedmen by military
law.
This military jurisdiction also ex-
tends to all qestions that may arise
respecting contracts. The eagent who is
thus to exercise the Office of military
Judge, may be stranger, entirely ig-
norant of the laws and exposed to the
errors of judgment to which all men
are liable. In the exercise of power,
over which there is no legal supervis-
ion, by SO vast n number of agents as
is contemplated by the bill, there must,
by the very nature of man, be some at
tended by acts of caprice, injustice and
passion.
The trials having their origin under
this bill are to take place without the
Intervention of q jury, and without 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 the President, through the War
Department, may prescribe. No pre-
vious presentment is required, nor any
indictment charging the commission Of
a crime against law, but trial must
proceed on the charges and specifca-
tions. The punishment viii not be as
the law declares it should be, but such
as court martial may think proper;
and from these arbitrary tribunals there
is no appeal, no writ OF error to any
gaf fha cf,f7vte In which Aba constitution