The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-02-22
GheQnteuiqetretr>
THE FREEDMENS BUREAU BILL.

/ LIZ SS4SA944S OASA
Veto Message of the Prcsident--HI.
4 Objections TO the BlII..IIs UncOnSII
tutionaIIty Asserted. as.REz
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 Con-
gIess, to amend an act entitled "An act
to establish a Bureau for, the relief oi
Freedmen and Rufugees, and for other
purposes" Having with much regret
come to the conclusion that it would
not be consistent with the public well
fare to give my approval to the meas
ure, / return the bill to the Senate with
my objections to its becoming a law.
might call to mind, in advance ofthese
objections, that there is no immediate
necessity for the proposed measure.
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 in time of war. Before
it ceases to have effect, further e&Pe-
rience may assist to guide us to a wise
conclusion as to the policy to be adopt
ed in time of peace. / share with Con-
| RresS the strongest desire to secure to
the freedmen the full enjoyment of their
| freedom and their prosperity, 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 warrant
ed by the Constitution, and are not well
suited to accomplish the end in view.
The bill proposes to estnbltsh,t by au-
thority of Congress, military jurisdic-
ton over all parts of the United States
containing refugees and freedmen. 1t
HunI1l1 Inv itS nnnIV with most
| force to those parts ofthe United States
in which the freedmen most abound,
and it expressly extends the existing
temporary Jurisdiction of the Freed
mems Bureau with greatly enlarged
powers over those States in which the
ordinary course of judicial proceedings
has been interrupted by the rebellion.
The source from (which this military
jurisdiction Is to emnnate is none other
than the President of the United States,
acting through the War Department
and the Commissioners of the Freed
mems Bureau, The agents to carry out
this military Jurisdiction arc to be se-
lected either from the army or from
civil life. The country is to be divided
into districts and sub-districts, and the
number of Salaried agents to be en-
ployed may be equal to the number of
counties or parishes in all the United
States where freedmen and refugees are
TO be Inc SuDleCIS ONSl
this military jurisdictioni is to extend in
every part Of the United States includes
pr election to all employees, agents and
officers of this Bureau in the exercise of
the duties imposed upon them by the
bill. In eleven States it is further
to extend over all cases affecting freed
men and refugees, ,discriminated against
by local law, custom or rprejudice. In
those eleven States the bill subjects any
white person who may be. charged with
depriving freedman otany civil rights
or immunities belonging to white per-
sons, to .imprisonment or fine, or both;
without, however, defining the civil
rights and immunities which are thus
to be secured, to the freedmen by mil
itary law. This military jurisdiction
also extends to all questions that may
arise respecting contracts. The agent
who is thus to exercise the office of n
military Judge may be a stranger en-
tirely ignorant of the laws OF the place,
and exposed to the errors OF Judgment
to which all men are liable, The exer-
else of power over which there is no le-
gal supervision, by SO 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
passion.
= The trials having their origin under
this bill are to take place without the
Ol- anu MAlhOub
any fixed rules of law or evidence
The rules on which offences are to be
heard and determined by the numer-
Gus agents are such rules and regula-
tions as the President through the War
Department., shall prescribe. No pre-
Vious presentment is req quired nor any
Indictment charging, the commission of
a crime against the laws, but the trial
must, proceed on charges and specitica-
tions. 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 no appeal, no writ, OF error TO any
or the courts, 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 otfenseS that are made sub
iect to this measure are SO extensive,
the bill itself, should it become law,
will have no Limitation in point of time,
and will form part of the permanent
cannot reconcile II system of militia
ry Jurisdiction of this kind, with the
words of the Constitution. which de-
,claHeithattNo person shall be held-to
answer for n capital or otherwise tnfa-
nous crime, unless on a presentment or
indictment of a Grand Jury, except in
cases arising in the land and navnl
forces, ,,or in the mil tia, when in actual
service; in the time of war Nori public
danger. - and that Sin all criminhlpros-
ectitforI, the accused shall enjoy the
righE TO speedy and public trial, by an
impartial jury.of the State or District
whefein' the crime shall have been conf
,mitted.Rf The safeguards which the ex-
,perieiice. and wisdom of ages taught
our fathers to establish as securities for
thetprotection of the Innocent, the pun
'ishment of the, guilty, and the equal
administration, ofjustice, are,to.be set
aside; and for the sake ola more vigor-
Gus interposition in, behalf of justice,
we are to take the risk of the many acts
of Injustice that would necessarily fol-
low from an almost countless number
or agents established in every parish or
county in nearly q third Of the States
isi toibe inosupervisiono or control by the
lFedefRl courts! The power that would
be then placed in the, Hands of the
President is such as, in time of peace,
certainly ought never to Gbe entrusted
to any one man. A., s,.-s.,,stfy
Ifit be asked whether the creation of
such tribunal within a State is war
ranted as a measure of war, the ques-
ton Immediately presents itself whether
we are still engaged in war? Let us
not unnecessarily disturb the COM
merce, credit and industry of the coun-
try.5loy declaring to nthe American peo-
pie and to the world, that the United
States are still in a Conditioner civil
war: At present there is no part of our
country in which the authority of the
United States 1fsS disputed Offences
that may be committed by individuals
should not work a ffprteitnre; {of the
rights of whole communities The
country has returned and is returning
N a state of peace and industry, and