Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1866-02-28
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Freedm;r's Bureau Bill.

AnulunrlnS Can ii.ilteS 3O.'U Ii huNiuces
Freedm, rs bureau Bill.
ITS vrro b. rns PRESIDENT AMI HIS RIA
s,.Ss THEREFOR.
IT, Ike Ssngte # tie um7ca States:
nave cX,mi,el with car. the bill wbic'
Originated in the Senate an, has been passsd
-by both Houses oil Congress tO,a,uend All &C
entitled an act to establish bureau for tae
relief Of freedmen aud refugees, and ior otaer
pirDoses.'.- @ s'r
Ii wing, with much regret, come to the con.
ciusion that it would net be consistent with
the public welfare to give my approval to the
measure. return the bill to the Senate with
,ny objections TO its becoming aiaw. tmight
. can to mind i'll advance of these objections.
that there is no immediate necessity for th,.
aroposed measure. Yhe act to establish a
bureau for the relief cf tho freedmen and
refugees, which was approved of in the emonth
nf Mach last, has not vet been repealed. i
was thou. .ht stringent and extensive enougt.
for tho pnrp ,se in view. Before 1t ceases t.
have efsct, i'lrther experience may assist 10
.cpile US 20 wise conclusion as to the phi
ey 10 b. adopted III time of- peace.
have, with Congress, the greatest desire to
secare to the ireedinca tue foil enj 'ymant o!
their freedom and rhcir property, aud their TN
tire independence and equality in making
contracts tor their. labor. Bat the bill before
me contains provisions which, IN my oIirion,
ere not warranted by tho Constitution, and
are not we'll suited to accomplish the end in
view. The bill proposes to establish. by law
OF Congress. military jurisdiction over all
parts ofthe United States containing refugees
and freedmen. Iswoald, by its very nature,
apply with most force to those parts OF the
Jni.ed States in which tie freedmen most
abound. and it expressly extends the exiet;ng
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. -" T 20
The source from which this military iuris
diction is to emanate is more other than tie
Presidentof the United States, actin g through
the War Department and the Commissioner
of the Freedmen's Bueau. The agents TO.
carry out this military jurisdiction are to be
selected either from the arinySor from civil
life. The country is to besdivided into dis
.tricts aud sub districts, and the number Of
salaried agents to be employed may be equal
to the number of counties or parishes i'll all
of the United States, where freedmen and
refugees are to lie found. Tbe subjects over
whom this military jurisdiction is TO extend
in every part of the United States include
particularly all employees, agents, and officers
imposed on them by ihe bill. 10 cieran
~, C,.t ha,. to oil
affecting the freedmen and refagees discri:ni'
mated against by local Laws, customs, or pre-
JUDGE in those eleven States.
The b'l subjects any white person who
nav be cla,ged with depFiving a freedman
Of any ciyi hts or immonities belonging to
white person, to imprisonment or fine, or
both. without, however, defining the civil
rights and immunitieS which are thus to be
secured to the freedman by military law.
This military jurisdiction also extends to ail
Questions that may arise respecting CONT acts;
the agent who is thus to exercise the ohice
Of military judge may be o stranger. en-
tirely Ignorant of the laws Of the place, and
exposed to theories of judgment to which all
men are liable; TO the exercise of power
over which there is no legal supervision by
so vast number ofagents as is contemplated
by the bill, must by the very nature of man
be attended by sets Of caprice aud injustice
in passion.
The trials having their origin under this
bill are to take place without the intervention
of Jury, and without any fixed rules of law
or evidence; the rules on which offences are
to be heard aud determined by the numerous
agents, are such rules and regulations as the
President, through the War Department.,
shall prescribe. No previous preseutn ent is
required, nor any Indictment, charging the
commission of crime against the laws, but
the trial must proceed on charges AID speci-
ications.
The punishment will not be as the law de-
clares, but such as court martial may think
proper, and from these arbitrary tribunals
tiere lies no appeal, nowrit of error to any
Of the courts in which the Constitution oftae
Unitcd. States !, asts exclusively The judiciary
power Of the country, while TIE territory and
the class OF actiops aud offences that are made
subiec. to this measure, are SO extensive the
bill itself should not become law; will have
no inita:ion in point Of time, but will form
a part Of the permanent legislation Of the cour
1 cannot reconcile system of military ju-
risdiction of this kind, with the words of the
Constitution which declare that no person
shall be- held to answer for capital or other
wise Infamous crime unless on presentmeIt
or d:tme ut of grand jury, except in cases
arising in. the land or naval forces, Or in tie
militia when in actual service in. time of war
or pnbic danger; and that in all criminal
prosecutions the accused shall enjoy the right
to speedy and pubiic trial by an impartial
Jury Of the State or district wherein the crime
shall have been committed.
The safeguards which the wisdom and ex
perience of ages taught our fathers to estab-
ish as securities for protection of the inno-
cent. the punishment of the guilty and the
equal administration Of justice, are to he set
aside, and for TIE sake of more vigorous In
terposition in behalf, Of justice We are totale
tho risk OF the p,lny acts ofyinjustice that
would, CT necessity, follow from an almost
countless number Of agents, established in
every parish or county, in nearly third Of
the States Of the Union, over whose decision
there is to be no superior contro'by the Fed
eral courts. The power that would be thus
placad in the hands of the President is such
rs, in tlne of peace, certainly ought never to
be intrusted TO any one man.
IF it be asked whether the creation of such
atriounai within State is warranted as q
measure of war; the question Immediately
presents itself whether we are still engaged
in war Let usnot unnecessarily disturb the
commerce and credit aud. industry of the
country by declaring to the American people
and the world that the United States are still
in condition Of civi war.
At present there is no part Of our country
in which the authority Of the United States
is disputed. Offences that may be committed
by individuals should not work a forfeiture OF