Year: 1866

| mems Bureau BILL


! TO the Senate Of the United Sotes


/ have examined with care the bill which origi
mated in the senate, and has been passed by the
two houses of congress, to amend act entitled
| An act to establish a bureau for the relief OF
freedmen and refugees" and for other purposes.
Having, with much regret, come to the conclusion
that it would not be consistent with the public
welfare to give my approval to the measure L re-
turn the bill to the senate with my objections to
its becoming law


might call to mind in advance of these objec-
tions, that there is immediate necessity for the
proposed measure. The act to establish bureau
for the relief of freedmen and refugees, which was
| approved in the month of March last has not yet
| expired. It was thought stringent and extensive
| enough for the purpose i'll view in time of war.
Before it to have effect, further experience
| may assist to guide us to a wise conclusion as to
| the policy to be adopted in time of peace.
share with congress the strongest desire to Sc
cure to the freedmen the full enjoyment of their
| freedom and their property, and their entire in
dependence and equality i'll making contracts for
| their labor; but the bill before contains pro-
| visions which, in my opinion, not warranted
by the constitution, and not we'll suited to ac-
| complish the end in view


| The bill proposes to establish by authority of
congress- military jurisdiction all parts of the
United States containing refugees and freedmen.
It would by its very nature apply with most force
to those parts of the United States in which the
| freedmen most abound; and it expressly extends





| 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 emanate IS none other than the
President of the United States acting through the
War Department and the commissioner of the
freedmens bureau. The agents to carry out this
military jurisdiction to be selected either from
the army or from civil life; the country is to be
divided into districts and sub-districts, and the
number of salared agents to be employed may be
equal to the number of counties or parishes IN all
the Unit ed States where freedmen and refugees
are to be found.


The subjects over which this military jurisdic-
ton is to extend in every part of the United States
include protection to call 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 all affect
ing freedmen and refugees Disseminated against
"by local law, custom or prejudice In those
eleven states the bill subjects any white person
who may be charged with depriving freedman
of amy civil rights of immrnities belonging to
white persons" to Imprisonment or fine, or both
without, however, defining the g civil rights and
immnties' which thus to he secured 10 the
freedman by military law This military iurisdic-
ton 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 to which
all men are liable The exercise of power, over
u
number of agents us is contemplated by the bill,
must, by the very nature of man, be attended by
acts of caprice, I'M astice and passion.


The trials having their orig gin under this bill are
to take place without the Intervention of Jury
and without any fixed rules of law or evidence.
determined by the numerous agents are such rules
and regulations the president, through the wal
department, shall prescribe No previous present.
ment is required, nor any indictment charging the
commission of a crime against the laws but the
trial must proceed on charges and specifications.
The punishment will be-not what the law declares,
but such as a court marshall may think proper ;
and from these arbitrary tribunals there lies 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 classes of actions
and offences that are made subject to this measure
are so extensive, the bill itself, should it become
law will have no limitation in point of time, but
will form part of the permanent legislation of
the country. l cannot reconcile system of mill
tary jurisdiction of this kind with the words of
the constitution, which declare that mo person
shall be held to answer for capital otherwise
Infamous crime unless on presentment or lnd1ct-
ment of grand jury, except IN cases arising IN
the land and naval forces in the militia when in
actual service i'll time of war public DANGER"
and that 'in all criminal prosecutions the accused
shall enjoy the right to speedy and public trial,
by an impartial jy of the State district wherein
the crime shall have been committed" The safe
guards which the experience and wisdom of ages
taught our fathers to establish securities for the
protection of the innocent the punishment of the
guilty and the equal administration of justice are
to be set aside and, for the sake of more vigor-
Gus interposition in behalf of justice, 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 in nearly third of the states of the union
over whose decisions there is to be supervision
or control by the federal courts. The power that
would be thus placed in the hands of the presi-
dent 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 measure
of war; the question Immediately presents itself
whether still engaged i'll war Let not
unnecessarily disturb the commerce and credit and
industry of the country by declaring to the Ame
rican people and to the world that the United
States are still in q condition of civil war. At
present there is part of our country in which
the authority of the United States is disputed
Offences that may be committed by individuals
should not work forfeiture of the rights of whole
communities. The country has returned, or is re-
turning, to state of peace and industry, and the
rebellion is, in fact at all end. The measure,
therefore, seems to be as inconsistent with the
actual condition of the country it is at variance
with the constitution of the United States.


If passing from general considerations We ex-
anime the bill in detail, it is open to weighty OBJ
jections.


In time of it is eminently proper that we
should provide for those who are passing sud-
denly from condition of bondage to a state OF
freedom. But this bill proposes to make the
Freedmens Bureau, established by the act of
1865 one of many great and extraordinary mill
tary measures to suppress formidable rebellion,
Il permanent branch of the public administration,
with its powers greatly enlarged. I have no rea-
son to suppose, and I do not understand it to be
alleged that the act of March, 1865, has proved