American citizen. [volume] (Canton, Miss.) 1864-1890, 1866-02-24
THE PRESIDENTS
v E TO M E S S A G E
WASHINGTON, FEB. 20.

l nave examined WIN CHTe Tue Uiil
which originated in the Senate and has
been passed by both Houses Of Congress
to amend an act entitled an "act to es.
tablish bureau for the relief of freed
men and refugees, and for other purpo>
ses." Having, with much regret, come
to the conclusion that it would not be
consistent with the public welfare to give
my approval to the measure, | return the
bill to the Senate with my objections to
its becoming a law. might call to
mind in advance of these objections. that
there is no immediate necessity for the
proposed measure. The act to establish
a bureau for the relief of freedmen and
refugees. which was approved in the
month Of March last. has not yet expired.
1t was thought to be stringent enough for
the purposes in view before it ceases to
have effect. Further experience may
assist to guide us TO wise conclusion as
to the policy to be adopted in time of
peace. l have with Congress the strong
est 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 US contains pro-
visions which, in my opinion, are not
warranted by the constitution, and are
not we'll suited to accomplish the end in
view. The bill proposes to establish. by
authority of Congress, military jurisdic-
ton over all parts Of the United States
containing refugees and freedmen. 1t
would by its very nature apply with
more force to those parts of the United
States in which the freedmen most
abound, it expressly extends to the exist
ing temporary jurisdiction Of the Freed
mems Bureau greatly enlarged powers
over those acts in which the ordinary
course of judicial proceedings has been
interrupted by the rebellion. The source
from which these powers are to be select
ed is either from the army or from civil
life; the country is to be divided into dis
tricts and sub districts, and the number
Of special agents to be employed may be
equal to The number of counties or par
ishes in every part of the United States
where freedmen and refugees are to be
found. The subjects over which this
military jurisdiction is to extend in every
part OF the United States, includes all
employees, agents and officers Of the
bureau in the exercise Of the duties i'm
posed upon them by the bill. In eleven
States it is further intended TO extend
over all cases affecting freedmen and
refugees who may be Disseminated
against by the local laws, customs or
prejudices. In those eleven Stales the
bill subjects a white person who may be
charged With depriving any freedman Of
any civil rights or immunities belonging
to white persons, to imprisonment, or fine.
or both; without. however, defining the
civil rights which are thus to be secured
to the freedmen by military law. This
military jurisdiction also extends to all
questions that may arise respecting con-
tracts. The agent who is thus to exercise
the Office of a military judge may be
stranger, entirely ignorant Of the laws,
and exposed to the errors Of judgment to
which all men are liable. In the exercis oil
power over which there is no legal super
vision by so vast number Of agents as is
contemplated by the bill must. by the very
nature of man, be attended by acts oil
caprice. injustice and passion. The trials
having their origin under this bill are to
take place without the Intervention of a
Jury and without any fixed rules OF law
or evidence. The rules on which often
ses are to be heard and determined by
the numerous agents are such rules and
regulations as the President through the
War Department may prescribe. Nc
previous presentment is required nor any
isdictment charging the commission o
a crime against law; but trial must pro
coed on the charges and specifications
The punishment will not be as law de
clsres, but such as court martial MAJ
think proper, and from these arbitrary
tribunals there is no appeal and no wri
of error to any Of the courts in which th'
Constitution Of the United States boast
exclusively the Judicial power OF TIL
country. while the territory, and the elias
Of actions and ofenses that are mad
subject to this measure are so extensive
that the bill itself should il become Law
will have no limitation in point of time
and will form part of the permanent leg
isladon Of the country. Icsnnot reconcile
system Of military jurisdiction Of THU
kind with the words Of the Constitution
which declares that no person shall b.
held to answer fer q capital or otherwise
Infamous crime, unless on a presentmen
or indictment Of grand jury. except il
cases arising in the land or militsr!
forces, or 10 the militia when in aetna
service 10 time of war or public danger
and that in all criminal prosecutions tn
acrnsad shall enjoy the right 10 speed'