Urbana union. [volume] (Urbana, Ohio) 1862-1872, 1866-02-28
THE PRESIDENTS VETO MESSAGE,
WAsp1NeroN. February Is

w AShANUAON3 GCDA udA To-
President JOHNSON to-day returned tn
Freedmen's Bureau bill to the Senate veto
, ed, with the following communication:
To the Senate OF the United States:
have examined with care the bill whicl
originated in the Senate, and has been pass
ed by both Houses OF Congress, TO ament
an act entitled An act to establish Bureau
for the relief of freedmen and refugees, anC
for other purposes" Having, with much re
gret, come to the conclusion that it would no
be consistent with the public welfare to give
my approval to the measure, return 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 nc
immediate necessity for the proposed meas.
ure. 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 stringent and
extensive enough for the purpose in view
Before it ceases to have effect further expert
ences may assist to guide US to wise con-
clusion as to the policy to be adopted in time
of peace.
/ have, with Congress, the strongest de-
sire to secure to the freedmen the full enjoy
ment Of. their freedom and their property, and
! their entire independence and equality IN
making contracts for their labor. But the
! bill before me contains provisions which, IN
my opinion, are not warranted by the Con-
stitution, and are not we'll suited to accom-
plshed the end in view. The bill proposes
to establish, by authority Of Congress, mill
| tary jurisdiction ever all parts OF the United
State containing refugees and freedmen. 1t
would by its very nature, apply with most
force to those parts OF the United States IN
which the freedmen most abound, and it eX-
pressy extends the existing temporary juris-
diction of the Freedmen's Bureau, with great
" enlarged powers, over those States in
which the ordinary course of Judicial pro-
ceedings has been inteIrupte by the rebel
lion.
The source from which this military iuris
diction is to emanate is none than the Presl-
dent of the United States, acting through
tie War Department and the Commissioner
Of the Freedmen's Bureau The agents to
carry ont this military jurisdiction are to be
selected either from the army or from C vii life.
The country IS to be divided into districts
and sub districts, ard the number Of salaried
agents to be employed may be equal to the
number OF counties OF parishes IN all the
United States where freedmen and refugees
NAV be found. The subjects over which this
military jurisdiction is to extend in every
part of the United Stated include protection
to all employees, agents, and officers OF this
Bureau. ia the exercises Ct the duties impOs-
upon them by the bill. In eleven States, II
is further to extend over all cases affecting
ir$edmen and refugees Disseminated against
by local law, custom, or prejudice. In those
eleven Sales the bill subjects any wbi'e per-
son who nav be charged with deprying a
freed nan of any civil rights OF immunities
belonging to white persons. TO Imprisonment
or fine. ct both without, however defining
the ciril rights and immuniies which are
lhGs to he secnred to the freedman by mill
tarv law. This military jurisdiction also ex-
tends to all questions that may arise respect
ing contracts. The agent who is thus to eX-
ercise the Office Of a military judge, may be
stranger. entirely ignorant Of the place,
and exposed to the errors Judgment to
wi ieh MI men are liable The exercise Of
mower over which there Is no legal supervis-
ion by so vast n numleT Of agents as Is con-
Iemplated by the Till, must by the very ma
ulre Of man, be attended by acts Of caprice.
Injustice and pas>i u. The trials having tEei,
origin under This JIll are 10 take place with
out intervention OF jury, and without any
fixed rules of law or evidence. The rnlcs On
which ofTensps are to be heard and determin-
ed bv the numerous agents, are such rnles
and regulations as the President, through the
War Department, shall prescribe. No pre-
vious presentment is required, nor any in
dctment charging the commission OF crime
apainst the laws, but the trial must proceed
on charge and specifications. The punish
ment will not be as the law declares, but such
as a courtmartial may think proper; and
from these arbitrary tribunals there les no
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; while the territory and the
class of actions and oifenses that are made
subject to the measure are so extensive that
the bill itself. should it become a law, will
have no limitation in point Of time, but will
from a part Of the permanent legislation OF
the country.
I can not reconcile a system OF military
jurisdiction of this kind with the words Of
The Constitution. which declare that " no per-
son shall be held to answer for a capital, OF
otherwise infamous crime, unless on pres
eminent or indictment of-a grand jury, ex-
cept in cases arising in the land or naval
forces. OF in the militia when in actual scrv-
ice. in time of war or public danger" and
that ain all criminal prosecutions the accused
shall enjoy right to a speedy and public trial
by an impartial jury Of the State or district
wherein the crime shall have been commit
ted" The safeguards which the wisdom
and experience OF ages taught our fathers, to
establish as securities fer the protection Of
the innocent, the punishment of the guilty,
and the equal administration of justice, are
10 be set aside, and for the sake of more
vigorous interposition in behalf of Justice. We
are TO take the risk of the many acts of in
instice that would of necessity follow from
an almost counties number Of agents, estab-
Hsh in every parish or country in nearly a
third of the States Of the Union, over whose
decision there is to be no supervision or con-
troll bv the Federal courts. The power that
would be thus placed in the hands OF the
President is such as, in time OF peace, GER
tainly ought never to be entrusted to any
one ma1.
II il be asked whether the creation Of such
a tribunal within State is warranted as a
measure of war; the question Immediately
presents itself whether we are still engaged
in war? Let US not unnecessarily disturb
the commerce and credit and industry Of the
American people and the world that the
limited States are still in a condition of civil
VIZ AZ rrssent there is no part Of our coun-
trv in which the authority Of the United
States is disputed Ofenses that may be
committed by individuals should not work
forfeiture Of the rights Of the same communi-
ties. The country has entered, or is return
ing to, a state Of peace aud industry, and the
rebellion Is. in fact, at an end. The measure,
therefore. seems to be as inconsistent with
the actua condition of the country as it is at