Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-02-20
THE FREEDMEN'S BUREAU BILL.
VETO MESSAGE OF THE PRESIDENT.
His Objec. .iess to the Bill.

10 hf StHQ{e ey th< CRitSo nave
examined with care the hill which originated
in the Senate, and has been passed by the two
Houses Of Congress, to amend an act entitled
IAN act to establish bureau for the relief of
freedmen and refugees" and for other pur-
poses. Having with much regret, come TO the
conclusion that IL would not be consistent with
the public welfare 70 give my appSovai W to tns
my objections 10 its becoming law. mig ut
call to mind, in advance of these objections,
that there is NO immediate necessity for the
reaa for the relief Of freedmen and refugees,
which was approved in the month of March
last has not yet, expired 1t was thought
purpose in view, in time Of war. Before
1t ceases to have effect, further experience may
assist to guide us to q wise conclusion as to 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 en-
tracts for their labor; but the bill before me
contains provisions which. in my opinion,
are not warranted by the Constitution, and
are not well suited to accomplish the end in
view. .r... --r -.,,,--a
The bill proposes to establish, by authority
Of Congress, military jurisdiction over all parts
OF the United States 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 n expressly extends the existing temporary
Oh tue fIeeOmtns bureau, Wltn
greatly enlarged powers, over those States "in
which the ordinary course of judicial pro-
ceedings has been interrupted by the rebel
lion.o- The source from which this military
jurisdiction is TO emanate is none other than
the President Of the United States, acting
though the War Department and the Commits
sioner Of the Freedmenis Bureau. The agents
to carry ont this military jurisdiction are to be
selected either from the army or from civil
life; the countryis to be divided into districts
and sub districts, and the number of salaried
"a n or ha nt h.
number OF counties or parishes in all the Uni
ted States where freedmen and refugees are to
be found
The subjects over which this military iuris.
diction is 10 extend, in every part of the United
States, include protection to call 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 to 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 echarged
with depriSing freedman of ssany civil rights
or immunities belonging to white persons" to
imprisonment or fine, or both, without how
ever, defining the "civil rights and imm uni.
ties" which are thus to be secured to the,freed-
man by military law. This military iurfsdic.
iion also extends to all questions that may
arise respecting contracts. The agent, who Is
thus to exercise the Office Of military Judge,
may be stranger. entirely ignorant Of the
laws of the place, and exposed to the errors of
Judgment 10 which all men are liable. The
exercise of power, over which there is no le-
gal supervision, by so vast i lumber of agents
as is contemplated by the bill. must, by the
very nature Of man, be attended by acts Of ca.
price injustice, and passion.
81 The trials having their origin under this bill
are to take place without the ipteryentIon of.a
jury, and without any fixed rules of law or
evidence. The rules on which offenses are TO
be, "heard and determined" by the numerous
agents are such rules and regulations as the
President, through the War Department, shall
prescribe. No previous presentment is re-
quired, nor any indictm ent charging the COM
mission Of crime against the laws; but the
trial must proceed on charges and specifica-
pons. The punishment will be not what the
law declares, but such as q ourt-martial may
think proper. And from these arbitrary tribu-
nails there lies no appeal. no writ of error to
any OF the conrts in which the Constitution OF
the United States vests exclusively the judicial
power OF the country. While the territory
and the classes of actions and offenses that
are made subject to this measure are so ex-
tensiye, the bill itself, should it become a
law, will have no limitation in point of
time. but will form part of the per-
Tnanent legislation OF the country. 1 can
not reconcile a system of military iursdic-
ton of this kind with the words of the Con
stitution which declare that ssno person shall
De heid 10 answer for q capital or otherwise
infamous crime unless on a presentInent or in
dictment of grand jury, except in cases
arising In the land and naval force, or in the
militia when IN actual service in time OF war
or public danger" and that sin all criminal
prosecutions the accused shall enjoy the right
to speedy and public trial by an impartial
shall have been committed." The safeguards
which the experience and wisdom of ages
taught our fathers to establish securities
Tor the protection Of the innocent, the punish
ment OF the guilty, and the equal administra-
ton OF fjustice, rre to be set aside, and for the
sake ofa more vigorous interposition, in be-
half OF justice, we are TO take the risk Of the
many acts Of injustice that would necessarily
follow from an almost countless number of
agents, established in every parish or county
i'll nearly a third of the States of the Union
%hORp Ia n ha m
sion or control by the Federal courts. The
power that would be thus placed I'm the hands
OF the President Is such as IN time Of peace
certainly ought never TO be entrusted TO any
one man.
Ifit be asked whether the creation of such q
tribunal within q State is warranted as a
measure OF war, the question Immediately pre.
sents itself, whether we are still engaged in
war Let us not unnecessarily disturb the
commerce, and credit and industry of the
country by declaring to the American people
and 70 the world, that the United States are
sltl in condition Of civil war. At present
there is no part Of our country in which the
authority OF the United Statee is disputed.
Offences that may be committed by individu-
ais should not work forfeiture of the rights
OF whole communities. The country has re-
turned or is returning TO q state Of peace and
industry, and the rebellion is in fact at an end.
The measure, therefore, seems to be as incon-
sistent with the actual condition Of the country
as 1t is at variance with the Constitution Of the
United States. ~.
If passing from general considerations, we
examine the bill in detail il Is open to weighty
objections.
In time Of war it was eminently proper that
we should pre- vide for those who were passing
suddenly from condition Of bondage TO q state
OF freedom. But this bill proposes to make the
freedmen's Bureau, established by the act of
1865 as one Of many great and extraordinary
military measures to suppress a formidable
rebellion, permanent branch OF the public
administration, with ITS powers greatly en-
larEed 1 have no reason to suppose, and do
not understand it to be alleged, that the act Of
March, 1865, has proved deficient for the pur-
pose for which it was passed. although at that
time, and for a considerable period thereafter,
the Government Of the United States remained
unacknowledged in NEST of the States whose
Inhabitants had been involved In the rebellion
The institution Of slavery, for the military de-
siruction Of which the Freedmen's Bureau was
called into existence as an auxiliary, has be en-
already efectually and finally abrogat ed
throughout the whole country by an amend
ment OF the Constitution of the United States,
and practically its eradication has received the
assent and concurrence OF most of those States
in which 1t at any time had an existence. am
not, therefore, able TO discern in the condition
OF the country anything to justify an appre.
hension mat the powers and agencies Of the
fFPedmpuss RurQau- which