Year: 1866

To the Senate Of the United States:


L have examined with care the bill which
has been passed by the two Houses of Con-
gress TO amend an act entitled An
act to establish bureau for the relief of freed
men and refugees, and for other purposes.
Having with much regret come to the con-
clusion that it would not be consistent with
the public welfare to give my approval to
the measure, return the bill to the Senate,
with my objections to it becoming law. |
might call to mind in advance to these objec-
tions, that there is no immediate necessity
for the proposed measure.


The act to establish bureau for the relief
of freedmen and refugees, which was approx
in the month Of March last, has not yet ex-
pired. 1t was thought stringent and ex-
treme enough for the purpose in view in
time of war. Before it ceases to have effect,
further experience may assist to guide us to
wise conclusion as to the policy to be adopt
ed in time of peace. [ share with Congress
the strongest desire to secure to the freed
men the full enjoyment of their freedom and
their prosperity, and their entire indepen-
dence and equality In making contracts for
their labor but the bill before me contains
provisions which, in my opinion, are not
warranted by the Constitution, and are not
well suited to accomplish the end in view.
The bill proposes to establish by authori
ty of Congress military jurisdiction over all
parts of the United States containing refu
gees and freedmen. 1t would by its very
nature apply with the most force to most
parts of the United States iii which the freed
men most abound, and it expressly extends
the existing temporary jurisdiction Of the
freedmen'S bureau, with greatly enlarged


powers, over those States in which the Ordi-
nary course of judicial proceeding has been


interrupted by the rebellion.


The source from which this military jurls-
diction is to emanate Is none other than the
| President of the United States, acting
| through the War Department and the Com


missioner of the ireedmen's bureau. The
agents to carry out this military 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 num-
ber of salaried agents to be employed may
be equal to the number of counties or par
ishes in all the United States where freed
men or refugees are to be found.


The subject over which this military ju-
risdiction is 10 extend in every part of the
United States includes protection to all en-
ployees, agents and officers of this bureau in
the exercise of the duties imposed upon
them by the bill in eleven States. 1t Is fur
ther to extend over all cases affecting freed


Men and refugees Disseminated against by
local laws, custom or prejudice. In these
eleven States the bill subjects any white per-
son who may be charged with deprlving
freedman of any civil rights or immunitles
belonging to white persons to imprisonment
or fine, or both, without, however, defining
the civil rights and immunitieS which are
thus to be secured to the freedmen by mill
tary 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 judge may be a stranger en-
| tirely ignorant Of the laws of the place, and
| exposed to the errors of judgment to which
ali men are liable. The exercise of power,
over which there is no legal supervision, by
so vast Il number Of agents as IS comtempla-
ted by this bill, must, by the very nature of
man, be attended by acts Of caprice, injus-
| tice and passion. The trials having their
origin under this bill, are to take place with
| out the Intervention OF a jury, and without
| any fixed rules Of law or evidence. The rules
on which offences are to be heard and de-
| termined by the numerous agents, are such


rules aud regulations as the President,
| through the War Department, shall pre-
scribe


| No previous pesentment is required nor
| any Indictment charging the commission of Il
crime against the laws, but the trial must


proceed on charges and specifications. The
| punishment will be, not what the law de
| clares but as a 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 vests exclusively the Ju-


dicial power of the country While the


territory and the classes of action and often


ces that are made subject to this measure


are so extensive, the bill itself, should it be-


come law, will have no limitation in point


of time, but will form part of the permanent
| legislation of the country.


| cannot conceive system of military Ju-


risdiction of this kind with the words OF the
Constitution, which declare that mo person


shall be held to answer for capital or 9TH


erwise infamous crime unless on present


ment or Indictment of a grand jury, except
in cases arising III the land and naval forces,


or in the military when in service in time OF


public danger" and that in all criminal
to speedy and public trial by an impartial
Jury of the State or district wherein the
crime shall have been committed.


The safeguards which the experience and


wisdom of ages taught our fathers to estab-
lish as 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


vigorous interposition in behalf of justice;


we are to take the risk of the many acts OF


Injustice that would necessarily follow from


an almost countless number of agents estao-
Iished in every parish or county IN nearly


third of the States of the Union over whose


decisions there is to be no supervision or COLI