Year: 1866

The following is the message of the


President sent to the House of Represen-
tives on the 18th inst, giving his reasons


for Withholding his signature from the


Freedmen's Bureau bill. which was after


wards passed over the veto


A careful examination Of the bill pas


sed by the two Houses of Congress, enti-
tied an act to continue in force and to
amend an act to establish a Bureau for
the relief Of freedmen and refugees, and
for other purposes has convinced me that


the legislation which it proposes wouId d


not be consistent with the welfare of the
+ country, and that It falls clearly within
/ the reasons assigned in my message of


the 18th of February last Returning
without my signature a similar measure
/ which originated in the Senate, It Is not


my. purpose to repeat the objections
/ which then urged. They are yet fresh


IN your recollection and can readily be
examined as a part Of the records of one
branch Of the National Legislature


! Adhering to the principles set forth IN
that message, 1 now reafirm them and
the line Of policy therein indicated. The
only ground upon which this kind of leg


islatiOn can be justified, is thatof the war
making power. The act of which this


bill Is intended as amendatory, was pas


sed during the existence of the war. By


It's own provisions it is to terminate with


IN one year from the cessation of hostili-


ties and the declaration Of peace. It is


therefore yet IN existence, and it is likely


that 1t viii continue in force as long as


the freedmen may require the benefit of


It, Ii Will certainly remain In operation


as law until the month subsequent to


the meeting of the next session Of Con-


h. I'LL L.
dent the necessity of additional legisla-


ton, the two Houses will have ample


time to nature and pass the requisite


measures.


In the meantime the question arises


why should this war measure be cOntin-


ued beyond the period designated In the


original act and why in time of peace


should military tribunals be erected, to
continue until each State shall be fully
restored to its constitutional relations to
the Government, and shall be duly repre-
sented in the Congress of the United
States. LII was manifested with respeet to
the act approved March Sd, 1865. that
prudence and wisdom alike required, that
jurisdiction over all cases concerning the
free enjoyment of the immunities and
rights of citizenship as well as the protec-
ton of property, should be conferred up
on some tribunals IN every State or Dis
trIct, where the ordinary course Of judi
clal proceedings is no longer interrupted
The Courts both State and Federal, are
IN complete operation, and through
them every person, regardless of color, is
entitled to be heard. The rights granted
to the white citizens, are already confirm
ed by law upon the freedmen; strong and
stringent guards by way of penalties and
disbursements are thrown around his per-
son and property; and it is believed that
ample protection will be afforded to him
by due process of law without resorting
to the dangerous experiment of military
tribunals.


Now that the war has been brought to
a close, the necessity no longer EXISTS for
such tribunals, which had their origin in
the war. Grave objections to their con-
tinuanee must present themselves to all
rejecting and dlspassIonate minds, inde-
pendent OF the danger IN representative
republics of comforting upon the military
IN time Of peace extraordinary powers,
so carefully guarded against by the pat
riots and statesmen Of the earlier days of
the Republic, so frequently the ruin of
governments formed upon the same
principles, and subversive of the rights
and liberties of the citizen.


The question of practical economy earn
estly commends itself to the consideration
of the law making power. With an i'm
mense debt, already burdening the in
comes of the industrial and laboring
classes, a due regard for their interests,
so inseparably connected with the welfare
of the country should prompt US to rigid
economy and retTenchment, and influence
US to abstain from all legislation that
would unnecessarily increase the public
indebtness. Tested by the rule of sound
political wisdom l can see no reason for
the establishment of the military juris-
dictiOn conferred upon the officials of the
Bureau by the 18th section of the bill By
the laws of the United States and of the
States, competent courts, FEEDER |
al and State, have been established and
are now in full practical operation. By
means of these civil tribunals ample re-
dress is afforded for all private wrongs
whether to the person or the property of |
the citizen, without denial or unnecessary |
delay. They are open to all without re-
gard to color or race. 1 feel well assured /
that it will be better to trust the rights, 1
privileges and immunities of the citizen 4
to the tribunals thus established and pre- |
sided over by competent and impartial |
Judges, bound by fixed rules of the law /
and evidence, and where the trial by jury |
is guaranteed and secured, than to the /
caprice or judgment Of an officer of the |
Bureau, who it is possible may be entirely 1



just administration of the law. There is
danger, too, that conflict of jurisdiction /
will frequently arise between the civil /
courts and these military tribunals, each /
having concurrent jurisdiction over the /
person, and the course of action. The |
one jurisdiction administered and con-
trOlled by civil law; the other by militia
~. How is the conflict to be settled, and |
who is to determine between the two tri- /
bunals when it arises? In my opinion it |
is wise to guard against such conflicts by /
leaving to the courts and juries the pro-
lection Of all civil wrongs


The fact cant be denied that since the 4
actual cessation of hOstilitles many acts /
of violence, such perhaps as have never
been witnessed in their previous history, /
have occurred in the States recently in |
VOWED In rebellion. l believe, however, |
that the public sentiment will sustain me |
in the assertion that such deeds Of wrong /
are not confined to any particular State /
OF section, but are manifested over the /
entire country, demonstrating that the 1
cause that produced them does not de- /
pend upon any particular locality, but is /
the result of the agitation and derange-
ment incident TO long and bloody war;
and while the prevalence of such disor- |
ders must be greatly deplored, their occa-
sional and temporary recurrence would +
seem to furnish no necessity for extension /
of the Bureau beyond the period of the .
original act.


Besides the objections L have thus briefly
stated, L may urge upon your considera-
tIon the additional reasons that recent
developments in regard to the practical
operation of the Bureau in some Of the
States show IN numerous instances that it /