The Cadiz sentinel. [volume] (Cadiz, Ohio) 1864-1911, 1866-02-28

FREEDsMAtNS;FF DsML LAtNSFERB!r BUREAU
THE GRouaDs OF OBJECTION
The Radicals Receive n severe
Chcch.


IN act entitled "An act to establish bureau !
for the rslici of freedmen and refugees, aad
for other purpo-es." Having with much
regret comc to the conclusion that It would
Rat be con ,istcnt 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 cali to mind in advance Of these
objections, that there is NO immediate ncces
sity f,r the proposed measure. The act to
establish bureau for the relief OF freedmen
anil refugees, which was approved IN the
NINTH Of March last has not yet expired; -
1t was thought stringent and extensive
enough for the purpose in view. Before 1t
ceases to have effect, further experience may
assist to..gudc us to wise conclusion as to
the policy to be adopted in time Of peace.
have, with Congress, the strongest de-
sire to secure to freedmen the full enjoyment
of their freedom and their prosperity, and
their entire independence aud equality in
making contracts tor their labor. But the
bill before me contains provisions which, in
my opinion, are not NARRATED lay the Con-
stitution, AMI are not well suited to accom-
plish the end in view.
The hill proposes to establish, by autho.
VI
all parts of the United States containing re-
fugees and freedmen. 1t would. by ITS very
nature. apply with most force to those lrarts
If the United States in which the freedmen
most abound; and 1t expressly extends the
existing scnq,oravy 5ag1sdictfcn of the
Freedmen Bureau, with greatly enlarged
powers, over those States in which the or
binary course of judicial proceedings has
4 : y L., A. Ill
The source from which this military jurlS-
dicticn is to emanate, is'none other than the
President of the United States, acting
through the War Department and Commls-
pioner of the Freedmens 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 dIvld-
cd into districts and sub districts, and the
number of salaried agents to bc employed
may be equal to the number of counties or
barishers in all the United States where
freedmen and refugees are to Ee found. -
The subjects over which this military iurs-
.efetion is to extend in every part of the Uni
s,ed States, include protection to all employees,
agents and officers Of this bureau in the ex-
srcisc of the duties imposed upon them by
the BILL
In eleven States it is further to extend
over all eases affecting freedmen and retu-
.uees Disseminated a, ainst by local law, Gus
tom or prejudice in those eleven States.
The bill subjects any white person who may
he charged with depriving a freedman OF
any civil rights or immunltles belonging to
white persons, to imprisonment or hhe' or
both, without, however defining the ciyii
rights and iuimunities which are thus 10 be
secured to freedmen by military law, IhES
military jurisdiction also extends to all 4ueS-
iions that may arise respecting contracts: -
The agent who is thus to exercise the oihcc
of a military judge, may be a stranger en-,
tirely ignorant of the laws Of the place and
exposed to theories Of Judgment to winch
all men are liable. The exercise of power
over which there is no legal supervision, by
40 vast number ofaEcnts as Is cohtemra
ted by the bill must, be the very nature o
man. be attended by acts Of caprice, lnjus
tice and passion. The trials having thei1
origin under this bill are to take place with
out the Intervention of a jury, and without
any fixed rules of law or evidence The
rules on which offenses are to be heard and
,deterlained by the numerous agents are such
rules and regulations as the President
through the War department, shall pre-
scribe.
No previous prcsentmcnt is required, nor
any Indictment charging the commission Of
a crime against the laws, but the trial must
proceed on the charges and specifications
The punishment will not be as the law de-
clares, but such as court-martial may
think proper, and from these arbitrary trl-
bunals there lies no appeal, no writ OF error
to any of the courts in which the Constitu-
ton of the United States vests exclusively
the judicial power of the country, while the
territory and the class of actions and OF.
fences that are made subject to this measure
are SO extensive, the bill itself, should it be
come law, will have no limitation in point
Of tune, but viii form a part Of the pcrma
Asnt legislation of the country.
/ can not reconcile a system of military
5umsdiction Of this kind with the words o
the Constitutions, which declares that ''nl
person shall be held to answer for a capita
or other1isc infamous crime, unless on
presentmeEt .er indictment Of a grand jury
except in caaes2rising in the land or nava
forces, or in the militia when in actual ser
vice in time of war or public danger am
that in all criminal prosecutions the accus
ed shall enjoy the right to speedy and pub
lie trial by an impartial Jury sof the State o.
district wherein the criaue shall have becl
committed
The safeguards which the wisdom and ex
perience of ages taught our fathers to cstab
lish as securities for the protection of the in
nocent, the punishment of the guilty, AM
the equal administration ofjusticc, are to b
Get aside, and for the sake of a more vigor
ous interpoSition in behalf of justice, we ar
to take the risk of the many acts ofinjustic
sLak of al
most countless number of agents establish
ed in every parish or county in nearly
third of the States of the Union over who's
troll BY the Federal courts. The power tha
would be thus placed in the hands of tn
President is snch, as in time OF peace, Ger
tainly ought ncycr to be intrusted to an.
one man.
II il be asked whether the creation o
snch tribunal within n State is warranted
~ a measure Of war, the question INN edl
ntely presents itself, whether we are still en-
gagged IN war. Let US not unnecessarily dld
iurb the commerce and credit and indrstr
of the country, by declaring TO tie America
,,eopIc aud the world that the United State
aTe still in condition Of civil war a
present, there is no part Of our country Il
which the authority Of the United States i
disputed. ORenses that may he committed
ly individuals should not work a forfei;ur
ofriehts OF tie same communities.
The country has entered or is entering t.
state Of peace AMI industry, and the re
lellion il in fact at an end. The measure
therefore. seems to be as inconsistent will
sIae actual condition of the country as it is a
vaiianee with the Constitution OF the Unite,
lStates. II. passing from general considera
lions we examine the bill iu detail, it is opel
~ weighty objections Ia time of war |
was emnently proper that we should pro
vide for those who were passing suddenl
from 4 condition of bondage to a state q
freedom. But this bill proposes to max
the Frcedmen't Bureau, established by th