The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-02-21
THE RADICAL WAR
Message from the President
Freedman's Bureau Bill Vetoed.
Emphatic Declaration by
the President Concern
ing the Admission Of
Southern Delegates,
The Old Constitution Still Lives i
The Old Constitution Still Lives i
EXECUTIVE MANeIoN,
WASHINGTON, Feb I9, 1866


which originated in the Senate, and has
| been passed by the two houses of Con.
| gress, to amend an act entitled AN act
10 establish bureau for the relief OF
| freedmen and refugees, aud Tor other
| purposes" Having, With muc1 regret,
| come to the conclusion thai it would not
be consistent with the public welfare to
give my approval to the measure, re-
turn the bill to the Senate with my OBJ
| jections to its becoming a law might
call to mind, in advance oil these object
ions, that there is no immediate necessi-
ty for the proposed measure, The act to
establish a Bureau for the relief OftTeed-
men 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 II ceases 10 have effect,
further experience may assist TO guide us
TO wise conclusion III the policy to DC
adopted III time oil peace. ! have, with
Congress, the earnest desire 10 secure
to the Freedmen the full enjoyment Of
their freedom, and their property, and
their entire independence aud equality
and in making contracts Tor their labor
sionS which, in my Judgment, are not
warranted by the Constitution, and are
not well suited 10 accomplish the end IN
view. The bill proposes 90 establish by
authority OF Congress, mI!IIaIy Jurlsdlc.
tIou over all parts OF the United States
in which the freedmen most abound, and
il expressly extends the existing tempo.
raTy jurisdiction OF the Freedmeu's bu.
reau, with greatly enlarged powers, over
those States in which the ordinary
course OF Judicial proceedings las beeu
interrupted by the rebellion The
source from which this military iuris-
diCtlon Is to emanate, Is none other than
the President or the United States, act
ing through the War Department, aud
| the Commissioner OF the freedmen 5 Bu.
reau. The agents TO carry out this mill.
tary jurisdiction aTe To DO selected either
| from the army or uom CIVIL lilo
The country Is TO De divided into dis
tricts and sub'distrlotS, and the number
OF salaCIed agents 10 be employed may
be equal to the number Ot counties or
parishes ia all the United States where
freedmen and refugees are to b. found -
Tue subjects over which this military
Jurisdiction is TO extend il every part OF
the United States include protection to
al employees, agents aud officers OF this
Bureau, IN the exercise OF the duties i'm.
pus1d upUu thou W Tie EIii; IL eleven
states. 1t Is further To e2teuu over al
cases affecting freedmen aud refugees
where 0Iscrlmlnatad aGoinst Ivy la--.4
law, custom, custom or prejudlcs II those
eleven States The bill subjects any
white person who may be charged with
depriYing freedman Of any civil rights
or iumunities belonging TO white per-
sons, to imprisonment or tine, or both,
without, however, defining their civil
nights and lmmunitles, which are thus
10 bs secured 70 the freedmen Dy military
law. This military Jurisdiction also exc
tends TO al questions tlat may arse
respecting contracts. The agent who Is
thus to exercise the oAca VI military
iuage, may be stranger, entirely lgpCg'
ant OF the laws OF Lle place, and exposed
&c the errols OF judgment - which al
men are liable Ihe exercise Of power,
over which there is 10 legal supervision,
by 80 vast number Of agents as Is con.
templated by The bill, must 0y .ls very
nature Of man 0e attended by acts OF ca
price, injustice and passICA. ! le TRIALS
having tneir origin under tbs bill are TO
take place without tGs intervention OK
Jury, anu without any liked rules u law
OF svldsnce. By the rules on which o1eu.
sea are 10 be heard aQd determined by tie
numerous agents, under suCG rules and
regulations as tAa PIesldeut, through
the War Department, hall prescribe, 10
previous prsseutment Is required, uOT
| .l1 In. 4 Al 4. Al
of a crime against The laws but tbs
trial must proceed Oh charges and spec.
,6catious The punishment w!iI DE
nos what tie law declares, but Su.4 as Il
court.martial may tAlu6 proper, aud
from these arbitrary tribunals there Is
| 10 appeal, no witt OF eTror 10 any or the
courts IN which the constitution OF the
| United States vests exclusively the 1u.
dicial power OF the country. While the
territory and the class Of actions and Of.
! feuses that are made subject u tnIs
measure, are So extensive, the bill Itself,
should it become Z law, Will have no Nu'
itatiou IN point Of time, but will torm q
part of the permanent legislation OF the
country. ! capuOt reconcile system OF
military jurisdiction OF this kind with
the words Of the constitution, which de-
clares that no person shall be held 10
answer for capital OF otherwise lntam.
Gus crime unless on presentment or III.
dictment of u grand jury, except il Cases
arising in the land OF naval forces or IN
the miliuis when II actual service in
time of wax or public danger, ana that
IN ali criminal prosecutions the accused
shall enjoy the right TO a speedy and
public trial by an impartial jury OF the
State or district wherein the crime shall
have been committed The safeguards
which the wisdom aud experience Of our
forefathsrs established as SECURITIES for
the protection of the innocent, tie pun.
ishmept of the guilty, and the equal ad'
ministration Of Justice, are to be set
aside, and for the sake ota more vigorous
iptsrpositiou in behalf ofjustice, we are
to take the risk Of the many acts OF in'
iustice that would Of necessity follow
from an almost countless number OF
agents established II almost every par
ISL or county in nearly q third OF the
States of the Union, over whose decision
there is to be no supervision or contFo-
by Federal courts The power that
would be thus placed in the hands o.
the President in time Of peace, certainly
, ought never TO be entrusted 10 any one
D man II ii be asked whether the cTea
!, tlon OF such tribunal within q State II
!. warranted as measure Of war, the Ques
tiop Immediately presents itself, wheth