Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-02-27
TuE,FEEEDMEN's BBREAUj ILL..-7i

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Teto Message f,the Peesident-His oljec,
:s tionsto Atst,Bm-ns Jncoastituttouality
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- President johnson yesterday sent the fol-
lowing Message into the United States Senate:
Zo,dte Senate cfthe United tStotes:i 80
have examined with care the bill which
originated in the Senate, and has been pass
ed by the two Houses of Congress, to aihehd
an act entitledr"A An act to establish Bureau
! for the relief of Freedmen and Refugees; and
for other purposes. Having with much re-
gret come to the conclusion Chat it would
not be consistent with the public Eclfare to
! give my approval TO the Ifcasture, return
the bill to the Senate with my objections to
| its becdiiing law. / might call to mind ;,
in advance Of these objections, that there IS
! no ittfthediatc necessity for the proposed.
measure: The act to establish Bureau for.
the reiicfEof freedmen and refugees, which
WAS approved in the month Of March last
has not yet expired. It was thought strin-
gent and extensive enough for the purpose in
view in time Of war. Before it ceases TO hive
effect, further experience may assist to guide
US to a wise conclusion as to the policy to be
adopted i'll time Of peace. | share with Coa-l
gress the strongest desire to secure to the
freedmen the full enjoyment Of their freedom
aud their prosperity, and their entire iudc-
pendence and equality in making contracts
for their labor; but the bill before ME contains
Provis sous which, in my opinion, are not
warranted by the Constitution, aud are not
we'll suited to accomplish the end in view.
The bill proposes to establish by autltori V
of Congress, military jurisdiction over nil
parts of the United States containing refugees
and freedmen. 1t would, by its nature, sfp-
ply with most force to those PARIS Of tire
United States i'll which the freedmen most
abound, and it expressly extends the existing
temporary jurisdiction OF the Freedmen s
Bureau with greatly enlarged powers over
those States III which the ordinary course of
judi. ial proceedings has been interrupted Ly
the rebellion. The source from which this
military jurisdiction is to emanate is none
other than the Prcsidcnt Of tho United States,
acting through the War Department aud the
Commissioners of the Freedmen's Bureau
The agents to carry out this military iuris-
diction are to be selected either from the
army from civil life. Ehe country is to
be divided into districts and subdistricts. aud
the number Of salaried agents to DC employed
may he equal to the number of counties or
parishes IN all the United States where freed
men and refugees are to be found The
subjects over which this military jurisdiction
Is to extend in every part Of the United States
includes protection to all employers, agents
and officers Of this Bureau in the exercise of
the duties isposcd upOn item by the bill
In eleven States it is further to extend over
all cases affecting freedmen and refugees.
Disseminated against by local law, custom or
prejudice In those eleven States the bill
subjects any white person who may be
ch"'ged with dcPliving a freedman Of any
evil rights or lmnG"ittcs belonging to white
persons, to imprisonment or fine, or both;
without, however, defining the civil rights
and immunties which are thus to be secured
to the freedmen by military law. This
military jurisdiction also extends to all Ques-
tions that may arise respecting contracts
The agent who is thus to exercise the Office
OF Il military judge, may be Il stranger, en-
tircly ignorant OF the laws of the place, and
exposed to the errors of Judgment to which
all men are liable. The exercise Of power
over which here is no legal supcrTisioa, by
so vast a number Of agents as is contemplated
by the bill, by the very nature of man, must
be attended by arts ct earrIre, Injustice and
passion.
The trials having their origin Under this
bill are to take place without the intervention
OF IL jury and without any fixed rules of
offences are to be heard and determined by
the numerous agents are such rules and re,
gulatvns as the President, through the War
Department, shall prescribe. No previous
presentmemt is required nor any Indictment
charging the commission ola crime against
the laws, but the trial must proceed on
charges and specifications. The punishment
will be not what the law declares, but such
as court martial may think proper, and
from these arbitrary tribunals there lies no
appeal. no writ Of error to any of the courts,
i'll which the Constitution ofthc United States
vests exclusively the judicial power of the
country. While the territory and the classes
OF actions aud offences that are made subject
to this measure are so extensive the bill
itself, should it become a law, will have no
limitation in point OF time, and will form a
part of the permanent legislation of the
country.
[ cannot reconcile a system Of military
jurisdiction Of this kind, with the words OF
the Constitution which declare that 'No
person shall be held to answer for a capital
or otherwise Infamous crime, unless on a
presentment or indictment of a Grand jury,
except in cases arising in the land and paval
forces, or III the militia, when in actual SER
vice, IN the time of war or public danger"
and that sin all criminal prosecution, the
accused shall enjoy the right to speedy and
public trial, by an impartial jury of the State
or district wherein the crime shall have been
committed" The safeguards which the ex-
Perience and wisdom of ages taught our
fathers to establish as securities for the pro
tection Of the innocent, the punishment of
the gully, aud the. cqih administration of
justice, are to be set aside; and for the sake
of more vigorous intcrpositon in behalf of
justice, we are to take the risk of the many
acts of injustice that would necessarily follow
from an almost countless number OF agents
established in eEery parish or county in nearly
third of the States of the Union, over
whose decisions there is to be no supervisors