Year: 1866

~ WASHINGTON, Feb. 10.


TO the Senate Of the United States:


| | have examined with care the bill which
originated in the Senate, and has been passed


by the two Houses of Congress. to amend al


act entitled An act to establish a bureau
| for the relief Of freedmen and refugees. ane
| for other purposes Having, with mucl


regret, come to the conclusion that il would


not be CONSISTENT with the public welfare to


give my approval TO the measure | returr


The bill to the Senate with my objections tt


is becoming law. | might call to minc


In advance OF these objections, that there i,


no immediate necessity for the proposed


measure. The act to establish bureau fol
he 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 pur.


pose IN view. Before it ceases to have effect
further experience may assist to guide us to a


wise conclusion as to the policy 10 be adopted


in time of peace. / have, with Congress, the


strongest desire to secure to freedmen the
full enjoyment of their freedom and their
property, and their entire independence and


their equality in making contracts for their


labor; but the bill before me contains pro-


VISIONS which, in my opinion, are not warrant.
ed by the Constitution, and are not we'll suit
ed to accomplish the end in view The bill
proposes to establish, by the authority OF
Congress, military jurisdiction over all parts
OF the United States containing refugees and
freedmen. 1t Eould, by its very nature, ap-
ply with most force to those parts of the Uni.
ted States in which the freedmen most
abound, and it expressly extends the existing
temporary jurisdiction of the freedmenTs bu.
reau, with greatly enlarged power, over those
States IN which the ordinary course of Judi.
clal 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' Blu.
reau. The agents 10 carry out this military
jurisdiction are to be selected either from the
army or civil life. The country is to be diyi.
ded into districts or sub b-districts and the num-
Der OF salaried agents to be employed may be
equal 10 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 jurisdiction is to extend
in every part of the United States includes
protection to all employees, agents and Off
GERS OF this bureau in the exercise of the du-
ties imposed upon them by the bill. Ineleyen
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 depriving
freedmen OF any civil rights or mmunities
belonging to white people to imprisonment or
hle, or both, without however defining the
civil rights and immunites which are thus to
be secured TO the freedmen by military law.
his military jurisdiction also extends tn all
questions that may arise respecting contracts
he agent who as thus 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 Judgment to which all men
are liable. The exercise tpower, over which
there IS no legal supervision, by so vast
number OF agents as Is contemplated by the
bill, must, by the very nature OF mankind. be
attended by acts of caprice. injustice and pas
sion.


The trials having their origin under this
bill are 10 take place without the intervention
OF jury and without any fixed rules eof low
or evidence. The rules on which offences
are 10 be heard and determined bv the nu.
merous agents, are such rules and regulations
as the President, through tue War Department.





has been required nor indictments charging
the commission of crime against the laws,
but the trial must proceed on charges and
specifications. The punishment viii be not
What the law declares, but such as court
martial 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 rests excIu-
slve'y the judicial power of the country: while
the territory and the class of actions and Of
fences that are made subject to this measure
are so extensive. the bin itself, should II be
come law, will have no limitation in point
OF time, but will form part of the permanent
Legislation of the country. can not recon
ciie system of military jurisdiction of this
kind with the words OF the Constitution.
which declare that no person shall be held
TO answer for capital or otherwise Infamous
CRIME, unless on a presentment or indictment
OF grand jury, except in cases arising in the
land or naval forces, or in the militia, when
in active service in time of war or public dan
ger; and that In all criminal prosecutions the
accused shall enjoy the right to q speedy and
public trial by an impartial jury of the State
or district wherein the crime shall have been
committed. ~


The safeguards which the wisdom and ex-
perience of ages taught our forefathers to es.
tablish as securities ~ 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, we are
to take the risk of the many acts of injustice
that would Of necessity follow from an almost
number of agents established in
every parish or county in nearly a third Of
the States OF the Union, over whose decision
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
a State Is warranted as a measure of war; the
question inevitably presents itself whether we
are engaged in war. Let us not unnecessarily
disturb the commerce, and credit and indus
try OF the country by declaring to the Amer
lean people and the world that the United
States are still in the conflict 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 forfeiture of
the rights OF the same communities. The
country has entered or is returning to a state
Of peace and industry, and the rebellion is in
fact at an end, and the measure therefore
seems to be as inconsistent with the actual
condition OF the country as it is at variance
with the constitution of the United States.
IT, passing from general considerations, we ex-
anime the bill in detail, it is open to weighty
objections. In time of war it was eminenty
proper that we should provide for those who
we're passing suddenly from condition of
bondage to state of freedom This bill
a. al