Year: 1866

|


WASHINGTON. Feb. 9.
7oMe Senate Of the United States:


l have examined with care the bill whic
originated in the senate and passed both hou
ses OF congress, to amend an act entitled "a
. act to establish bureau for the relief Q
+ freedmen and refugees and for other purpos
es.' Having with much regret come to tn
conclusion that it would not be consistent wit
the public welfare to give my approval to tn
measure, return the bill to the senate viii
I my objections to its becomisg law. nigh
call to mind, in advance Of these objections
that there is no immediate necessity for tn
proposed measure; the act to establish bu
reau for the relief Of freedmen and refugees
which was approved in the month OF Marcl
last, has not yet expired. 1t was though
stringent and extensive enough for the purpos
es in view. Before it ceases to have effec
further experience may assist to guide US to a
wise conclusion as to the policy to be adopted
in tine of peace. l have, with congress, the
strongest desire to secure to freedmen the full
enjoyment of their freedom and their property
and their entire independence and equality in
making contracts for their labor; but tho bill
before me contains provisions which in my
opinion arc not warranted by the constitution
and are not we'll suited to accomplish the end
in view.


The bill proposes to establish, by authority
of congress, military Jurisdiction over all part:
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
it expressly extends the existing temporary ju-
risdiction of the freedmen's bureau, with great
ly 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 EN-.
anate, is none other than the President of the
United States, acting through the war depart.
ment and the commissioners of the freedmen q
bureau. The agents to carry out this militia
ry jurisdiction are 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 salaried agents to be employed
may be equal to the number of counties or
parishes in all the United States where freed.
men and refugees may be found.


The subjects over which this military julis.
diction is to extend in every portion OF the
United States, include protection to Ill EN-.
ploycs, agents and officers Of this bureau, in
the exercise Of the duties imposed upon them
| by the bll'in eleven states. 1t 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 charged with dcpriv-
ing freedman of any civil rights and immu
mites belonging to white persons, to imprison
ment or fine, or both, without, however, deiin.
ing the civil rights and immunitics which are
thus to be secured to the freedmen by military
law. This military jurisdiction also extends
to all questions that may arise respecting con-
tracts. The agent who is thus to exercise
the Office Of military judge may be stran.
ger, entirely ignorant Of tte laws of the place,
| and exposed to the errors of judgment to
which all men arc liable The exercise of
power over which there is no legal supervision
by SO vast u number Of agents as is contem-
plated by this bill must, by the very nature
of nan be attended by acts Of caprice, ipius.
tice and passion; the trials having their origin
under this bill are to take place without the
Intervention Of jury, and without any fixed
rules Of law or evidence. The rules on which
offences are to be heard and determined by the
numerous agents, arc such rules and regula-
| tons rs the President through the war depart.
ment shall prescribe. No. previous present
nent Is required, nor any indictment chargin.
the commission OF a crime against the laws,
but the trial must proceed OH charges and
specifications. The punishment will not be
what the law declares, but such as court
martial may think proper, and from these ar.





Of error to any of the courts in which the con-
sttu,ion Of the United States vests exclusively
the power of the country, while the territory
and the class Of actions and offenses that are
made subject to this measure are so extensive
that the bill itself, should it become law,
will have no limitation in point Of time, but
VIII ..cc"n, part of the permanent legislation
of the couptry cannot reconcile system
of military jurisdiction OF this kind with the
words of the constitution which declares that
"no person shall be held to answer for capi.
tai, or otherwise infamous crime, unless on a
prcseRtment or indictment Of grand jury,
except in cases arising in the land or naval
forces or in the militia when in actual service
in time of war, or public DANGER" and that
''in alt criminal prosecutions the accused shall
enjoy the right to speedy and public trial by
an impartial jury of the state or district where.
in the crime shall have been committed"


The safeguards which the wisdom and ex-
perience OF ages taught our fathers to estab-
lish as securities for the protection Of the in.
nocen:, the punishment of the guilty and the
equal administration of Justice, are to be set
aside, and for the sake of more vigorous in
terposition in behalf Of justice, We are to take
the risk of the many acts Of injustice that OF
necessity woxld follow from an almost count.
less number Of agents established in every





of the union, over whose decision there is to
be no supervision or control by the federal
courts. The power that woull be thus placed
in the hands of the President is such as in
time Of peace certainly ought never to be en-.
trusted to any one man. If it be asked wheth-
er the creation of such q tribunal within a
state is warranted as measure Of war, the
question Immediately presents itself whether
We are still engaged in war, Let US not un.
necessarily disturb the commerce, credit and
Industry of the country by declaring to the
American people and the world that the Uni
ted States is still in a condition of civil war.


At present there is no part Of our country
in which the authority Of the United Suites Is
disputed Ofeaces that may be committed BY
individuals should noA work forfeiture of the
rights Of the same communities. The country
has entered or is returning to state Of psac :?
and industry, and the rebellion is in fact at an
end; the measure, therefore, seems to be as
inconsistent with the actual condition Of the
country as it is at variance with the constitu.
ton Of the United States. II passing from
general considerations We examine this bill in
detail. it is open to weishty objections. In
time Of war it was eminently proper to provide
for those who were passing suddenly from
state OF bondage to = 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 mea-
sures to suppress formidable rebellion, a per-
maRcnt branch Of the public administration,
with its powers greatly enlarged. have no
reason to suppose, and do not understand it
10 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 a
considerable period thereafter the government
OF the United States re manned 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 Freedmen's Bureau
was called into existence as an auxiliary force,
has been already and effectually abrogated
throughout the whole country by an amend
ment OF the constitution Of the United States,
and practically its eradication has received the