The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1866-02-21
Message from the President-veto OF che
Freedmen's Bureau Bill.

have examined with care the bill which
originated In the Senate, and has been passed
by the two Houses of Congress, TO amend an
act entitled I" An act to establish Bureau Tor
the Relief of Freedmen and Refugees, ana Tor
other purposes. Having, with much regret,
come to the conclusion that 1t would not DC
consistent with the public welfare TO give my
approval TO the measure, return the bill TO
the Senate with my objections to Its becoming
q law.
might call to mind, in advance of these
objections, that there Is no immediate neces-
sity for the proposed measure. The act 10
establish bureau for the relief OF freedmen
and refugees which was approved in the
month of March last has not yet expired. Ii
was thought stringent and extensive enough
for the purpose in view In time of war. Before
IL ceases to have effect, further experience may
assist 10 guide us TO wise conclusion as 10 the
policy to be adopted in time Of peace.
/ share with Congress the strongest 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
me contains provisions which, in my opinion,
are not warranted by the Constitution ana are
not well suited to accomplish the end In view.
The bill proposes to establish, by authority
Of Congress military 3aTis cnntninin@ refu.
| gees and freedmen. II would, by us very
| nature apply with most force TO those parts OF
| the United States in which the freedmen most
l
| Temporary jurisdiction of the Freedmens
Bureau with greatly enlarged powers, over
| those States Sin which the ordinary course OF
judicial proceedings has been interrupted ny
the rebellion" The source from which TINS
military jurisdiction is TO emanate is none
other than the President of the United States,
acting through the War Depart ent ana the
| Commissioner of the Freedmen's Bureau.
The agents to carry out this military Jurls-
diction are to be selected either from the army
or from civil life the country is to be dlVlded
| into districts and sub-districts, and the num-
Der of salaried agents to be employed may DC
! equal to the number of counties or parishes
in all the United States where freedmen and
| refugees are to be found
The subjects over which this military luris-
diction Is TO extend in every part of the United
States include protection TO "all employees
agents, and officers of this Bureau in the exer-
| else of the duties imposed upon them by the
| bill. In eleven States it is, further, 10 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 cnargeu
with depriving freedman OF any " clVllrlghts
| or immunities belonging to white persons 10
imprisonment or fine, or both-Wltnout, now
ever. defining the "civl rights and lmmuni-
ties,' which are thus to be secured to the freed
men by military law. This military jurisdiction
also extends to all questions that may aIlse
respecting contracts. The agent VINO Is mus
! to exercise the office of a military Judge may
! be a stranger, entirely ignorant OF the laws OF
the place and exposed to the errors OF Judg-
ment to which all men are liable. The exercise
of power, over which tnere Is no iegal sttp pei
| vision. by so vast number of agents as is con-
| templated by the bill, must, by the very nature
of man, be attended by acts of caprice, mus
| tice, and passion
are to take place without the Intervention OF a
iury, and without any fixed rules OF law or
| evidence The rules on which offences are 10
be "heard and determined" by the numerous
agents are such rules and regulations as the
| President, through the War Department, snail
prescribe No previous presentment is re-
| ouired nor any indictment charging the COM
mission of crime against the laws; out Ihe
| trial must proceed on charges and speclnca-
| lions The punishment will be-nOt what the
| law declares. but 81 IN as n court mar tial may
| think proper; and from these arbitrary trlou-
nails there lies no appeal, no writ OF error 10
any of the courts in which the Constitution OF
the United States vests exclusively the judi
| cial power of the country.
| While the territory and the classes of actions
and offences that are made subject to TINS
| measure are so extensive, the billitselt, should
! il become q law, will have no Limitation IN
point of time, but will form part OF the per-
manent legislation of the country, ! cannot
| reconcile system of military jurisdiction OF
this kind with the words Of the Constitution,
| which declare that "no person shall be held
| to answer for 4 capital or otherwise infamous
| crime unless on presentment or indictment
! of n grand Jury, except in cases arising In the
! land and naval forces or in the militia when
! in actual service in time of war or public dan
| GER and that 90 in all criminal prosecutions
! the accused shall enjoy the right TO speedy
| and public trial by an impartial jury of the
| State or district wherein The crime snail nave
| been committed" The safeguards which the
! experience and wisdom of ages taught our
fathers to establish as securities for the protec-
| ton of the innocent, the punishment OF the
| guilty and the equal administration OF justice,
are to be set aside, and, for the sake OF q more
vigorous interpositon III behalf OF Justlce, we
! are TO take the risk of the many acts OF MUS
1 tice that would necessarily follow from an
| almost countless number of agents, established
/ in every parish or county i'll nearly tnlrd OF
the States OF the Union, over whose decisions
there is to be no supervision or control by the
| Federal courts. The power that would be
thus placed in the hands OF the President is
such as in time of peace certainly ought never
| to be entrusted to any one man
If it be asked whether the creation of such
tribunal within State is warranted as amea-
sure of war, the question Immediately pre-
sents itself whether we are still engaged in
war. Let not unnecessarily disturb the
commerce, and credit, and Industry of the
country by declaring TO the American people
and to the world that the United States are
still in condition of civil war. At present,
| there is no part of our country in which the
authority Of the United States is disputed
| Offences that may be committed by individuals
should not work a forfeiture of the rights OF
whole communities. The country has re-
4 turned, or Is 10 u SbdIe u pGiCc anu
| industry, and the rebellion is, in fact, at an
end. The measure, therefore, seems to be as
I inconsistent with the actual condition of the
country as it is at variance with the Constitu-
ton of the United States.
If, passing from general considerations, we
examine the bill in detail, 1t open to weighty
objections.
In time of war it was eminently proper that
we should provide for those who were passing
suddenly from condition of bondage TO a
state Of freedom But this bill proposes TO
make the Freedmens Bureau, established by
the act of 1865, as one of many great and extra
ordinary military measures to suppress for
| midable rebellion, q permanent branch of the
public administration, with its powers greatly
! enlarged. / have no reason to suppose, and l
do not understand it 70 be alleged, that the act
of March, 1865, has proved deficient for the
purpose for which it was passed, although at
| that time, and for considerable period there
after, the Government Of the United States
remained unacknowledged in most of the
States whose Inhabitants had been involved in
the rebellion. The institution of slavery, for
the military destruction of which the Freed
mems Bureau was called into existence as an
auxiliary, has been already efectually and
finally abrogated throughout the whole coun-
try by an amendment of the Constitution OF
the United States, and practically its eradica-
ton has received the assent and concurrence
of most of those States in which it at any
ti,na had an pyigtpnpp i am not therefore,