Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1866-03-02
THE FREEDMEN'S BUREAU BILL.


THE FREEDMEN'S BUREAU BILL.
VETO MESSAGE OF TEE PRESIDENT,
81 HIS OBJECTIONS TO THE BILL.
ITS UNC0NSTTTUTIONALITY AsSER-
TED.
President johnson yesterday sent the fol
lowing message to the United States Sen
ate:
To the Senate ofthe United States:
have examined with care the bill which
originated in the Senate, and has been passed
by the two Houses of Congress, to amend ar
act entitled can act to establish a Burea,
for the relief Of Freedmen and Refugees, an(
for other purposes. y Having with much re
gret come to the conclusion that it would moi
be consistent with the public welfare to give
my approval to the measure, Ireturn the bill
to the Senate with my objections to its be-
coming law. ] might call to mind, in ad-
vance Of these objections, that there is no I'M
mediate necessity for the proposed measure
The act to establish Bureau for the reliei
offreedmen and refugees, which was approved
in the month Of March last, has not yet ex-
pired. It was thought stringent and exten-
sive enough for the purpose in view in time
of war. Before it ceases to have effect, fur
ther experience may assist to guide us to a
wise conclusion as to the policy to be adopted
in time Of peace. I share with Congress
the strongest desire to secure to the freedmen
the full enjoyment Of their freedom and their
prosperity, and their independence and equal
ity in making contracts for their labor; but
tho bill before me contains provisions which
in my opinion, are not warranted by the Con-
stitution. and are not we'll suited to accom-
plish the end in view The bill proposes to
establish, by authority Of Congress, military
Jurisdiction over all parts Of the United States
containing refugees and freedmen. It would,
by its nature, apply with most force to those
parts Of the United States in which the free
men most abound, and it expressly extends
the existing temporary Jurisdiction Of the
Freednens Bureau with greatly enlarged
powers over those States in which the ordi-
nary course ofiudicial proceedings has been
interrupted by the rebellion, The source
from which this military jurisdiction is to
emanate is no other than the President Of the
United States, acting through the War De-
paItment and tie Commissioners of the Freed
mems Bureau The agents to carry out this
military jurisdiction are to be selected either
from the army or from civil life. The coun-
Try is to be divided into districts and sub-diis-
tricts, and the number Of salaried agents to
be employed may be equal to TIE number Of
counties or parishes in all tae United States
where freedmen and refugees are to be found
The subjects over which this military juris-
dictlon is to extend IN every part Of the Uni
ted States includes protection to all employees,
agents and officers Of this Bureau ii the ex-
crcise Of the duties imposed upon them by
the bill. In eleven States it is further to ex-
tend over all eases affecting freedmen and
refugees, discriminating against by local law,
custom or prtjudice IN those eleven States
the bill subjects any white person who may
be charged with depriving freedman Of any
civil rights OF i.ninuniticS belonging to white
persons, to imprisonment OF fine, OF both !;
however, defining the civil rights
and inmunitics which are thus to be secured
to the freedmen by military law This mil
itary jurisdiction also extends to all questions
that may arise respecting contracts. The
agent who is thus to exercise the office Of q
military Judge, many be stranger, entirely
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
there is no legal supervision, by 50 vast q
number Of agents as is contemplated by the
bill, by the very nature Of man, must be at
tended by acts Of caprice, injustice and pas
sion.
The trials having their origin under this
bill are to take place without the interven-
ton ofjury, and without any fixed rules Of
law or evidence. The rules on which often
ces are to Be heard and determined by the
numerous agents are such rules and regula-
tons as the President, through the War De-
partnlent, shall prescribe No previous pre-
is required nor any Indictment charg-
ing the commission of 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 a
court-martial may think proper, and, from
these arbitrary tribunals there lies 10 appeal,
no writ Of error to any OF the courts, in which
the Constitution Of the United States vests
exclusively the judicial power Of the country
" bile the territory and the classes Of actions
and offences that are, made subject to this
measure are 50 extensive, the bill itself, should
it become a law, will have no Limitation in
point Of time, and will form part Of The
permanent legislation Of the country
[ cannot reconcile system of military iu-
of this kind, with the words
Of the Constitution which declare that
mo person shall be held to answer for a
capital or otherwise infamous crime, unless
on presentment or Indictment Of a grand
jury, except in cases arising IN the land and
naval forces, or in the 1nilitia, when in actu-
al service, in the time Of war or public dan
ger )" and that '.'in all criminal prosecutions,
the accused shall enjoy the right to speedy
and public trial, by an impartial jury Of
State or district wherein the crime shall have
been committed" The safeguards which
the experience and wisdom of ages taught
orr e. 4ho;.s m nc+a l,lish as securities foy fba