The Norfolk post. [volume] (Norfolk, Va.) 1865-1866, 1866-02-22
CHE startolk a,ot'.s';t.
THURSDAY, FEBRUARY %, 1866
FREEDMEN'Ss BUREAU BILL.
II H K V E 7 o.

70 tie Ss,,ate Of Me United States =: -
l have examined with care the bill
which originated in the Senate, and bai
been passed by the two Houses of Con
gress, to amend an act entitled "An ac
to establish bureau for the relief %
freedmen and refugees, and other pur
poses. Having, with much regret, come
to the conclusion that it would not he
consistent with the public welfare to
give my approval to the measure, l re.
turn the bill to the Senate with my OBJ.
jections To ito becoming law.
1 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 u bureau fol-
the relief of freedmen and refugees,
which was approved in the month OF
March last, has not yet expired. twas
thought stringent and extensiveenOugh
for the purpOsein view. Before it ceases
to have effect, further experience may
assist TO guide us to a wise conclusion as
to the policy to be adopted in time OF
peace. 9fDiHt y ~
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 in making contracts for
their labor. But the bill before me 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 mill
tary jurisdiction over all parts of the
United States containing refugees and
freedmen. 1t would by its very nature
apply with most force to those parts Of
the U nited States in which the freed
men most abound; and it expressly ex-
tends the existing temporary jurisdic-
ton of the Freedmen's Bureau, with
greatly enlarged powers, over those
States in which the ordinary course of
judicial proceedings has been interrupt
ed by the rebellion. The source from
which this military jurisdiction is to
emanate is none other than the Presi-
dentof the United States, acting through
the War Department and the Commiss-
Toner of the Freedmen's Bureau. The
agents to carry out this military juris-
diction are to be selected either from the
army or from civil life. The country il
to be divided into districts and sub-dis-
tricts, and the number of salaried agents
to be employed may be equal to the
number Of counties or parishes in the
United States where freedmen and refu-
gees are to be found. The subjects over
which this military jurisdiction is to ex-
tend in every part Of the United States
include protection to all employees,
agents aud officers of this bureau in the
exercise of the duties imposed upon
them by the bill. In eleven states it is
further to extend over all cases affecting
freedmen and refugees Disseminated
against by local law, custo II or preju-
dice. In those eleven states the bill
subjects any white person who may be
charged with depriving a freedman of
any civil rights or immunities belong
ing to white persons to Imprisonment or
fine, or both, without. however, defining
the civil rights and immunities which
are thus to be secured to the freedmen
by military law. This military juris-
diction also extends to all questions that
may arise respecting contracts. The
agent, who is thus to exercise the Office
of military judge, may be a stranger,
entirely ignorant of the laws Of the
place, and exposed to the errors ofjudg-
ment To which all men are liable. The
exercise of power over which there is
no legal supervision, by so vasta num-
her Of agents as is contemplated by the
bill, must, by the very nature of man,
be attended by acts of caprice, injustice,
and passions. The trials having their
origin under this bill are to take place
without tile Intervention of jury and
without any fixed rules of law or evil
dence. The rules on which offences are
to be heard and determined by the nu-
merous agents are such rules and regu-
lations as the President, through the
War Department, shall prescribe. No
previous presentment is required, nor
charging the cOmmiss-
ion of a crime against the laws; but the
trial must proceed on charges and speci-
ficatiops. The punishment will be, not
what the law declares, but such as a
court martial may think proper; and
from these arbitrary tribunals there lies
noappeal, no writ OF error 10 any OF the
courts in which the constitution of the
United States vests exclusively the judi
cial power of the country; while the ter
ritory and the class OF actions and Of
fences that are made subject to this
measure are so extensive that the bill
itself, should it become a law, will have
no limitation in point OF time, but will
form n part of thepermanent legislation
of tile country. cannot reconcile a
system of military jurisdiction of this
kind with the words of the constitution
which declare that mo person shall be
held to answer for a capitalor otherwise
infamous crime unless on presentment
or Indictment of a 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 prosecutions the
accused shall enjoy the right to a speedy
aud public trial by an impartial jury OF
the state or district wherein the crime
shall have been committed"
The safeguards which the wisdom and
experience of ages taught our fathers to
establish as securities for the protection
of the innocent, the punishment of the
guilty and the equal administration OF
Justice, are to be set aside, and for the
sake of a more vigorous interposition in
behalf of Justice we are to take the risk
of the many acts of injustice that would
of necessity follow from an almost count.
less number of agents established in
every parish or county in nearly third
offbe states of the Union, over whose de
cisio1 there is to be no supervision OF
control by the federal courts. The power
that would be thus placed in the hands
Of the President is such as in time Of
neace certainly ought never to be en-.
trusted to any one man. If it be asked
whether the creation of such a tribunal
within State is warranted as measure
~ war. the question Immediately pre-
sents itself whether we are still engaged
in war. Let MS not unnecessarily dis
/ tnrb the commerce and credit aud in
dustry of the country by declaring t.
| 49, A,,.~;oo,, naople and the world tina