Year: 1866

Having, with much regret, come to the conclu-
lie welfare to give my approval to the measure,
return the bill to the Senate with my objections To
its becoming law


might call to mind. in advance of these OBJ
jections, that there is immediate necessity for
the proposed measure. The act to establish u
bureau for the relief of freedmen and refugees,
which was approved in the month of March last,
has net yet expired. 1t was thought to be strin-
gent enough for the purposes in view before il
ceases to have effect; further experience may
assist to guide US to wise conclusion as to the
policy to be adopted in time II peace.


L have with Congress the strpngest desire to se-
cure TO the freedmen tbs fuH enjoyment Of their
property and their entire Independence and
equality in making contracts for their labor. But
the bill before me contains provisions which, in
my opinion, are not warranted by the Constitu-
ton and are not well suited to accomplish the end
in view, The bill proposes to establish by author
ity of Congress military jurisdiction over all parts
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 ex-
pressly extends to the existing temporary juris-
diction of the Freedmen's Bureau, with greatly
enlarged powers over those acts in which the Or
binary 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 commander of the Freedmen's Bureau.


The agents to carry out this military jurisdiction
are TO be selected. either from the army, or from





tricts and sub-districts, and the number of sal
aried agents to be employed may be equal to the
number of counties or parishes in every part of
the United States where freedmen and refugees
are to be found. The subjects over which his
military jurisdiction is to extend in every part Of
the United States, include protection to all en-
ployes, agents and officers of the bureau in the
exercise of the duties imposed upon them by the
bill. In eleven States it is further to extend over
all cases affecting freedmen and refugees, who
may be Disseminated against by the local laws,
sto or in MI fafa ba
bill subjects any white person who may be charged
with depriving freedman of any civil rights or
immunities belonging to white persons. to impris-
onment or fine. or both, without. however defin-
ing the civil rights and mmunities which are thus
70 be secured to freedmen by military law. This
military jurisdiction aso extends TO all questions
that may arise respecting contracts. The agent
who is thus to exercise the Office of n military
judge may be a stranger, entirely ignorant of the
laws Of the place, and exposed to theories ofjudg
ment to which all men are liable in the exercise
of power, which there is no legal supervision
By so vast number of agents as is contemplated
by the bill must, by the very nature of man, be
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 offenses are to be heard and
determined by the numerous agents, are such
rules and regulations the President, through
the War Department, shall prescribe. No pre-
vious presentmentis is required. nor any indictment
charging the commission of q crime against the
law: but the trial must proceed on the charges
and specifications. The punishment will not be
as the law declares, but such as q court martial
may think proper, and from these arbitrary tri-
bunals 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 class of ac-
tions and offenses that are made subject to this
measure extensive that the bill ITSELF should
it become law, will have no limitation in point
legislation of the country | 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 capital
or otherwise infamous crime unless on a present.
ment or indictment OF a grand jury, except in
cases arising in the land or military forces, or in
the militia when in actual service in time of war
or public DANGER; and that I'm all criminal pros
ecutions the accused shall enjoy the right to a
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 expert
ence of ages taught fathers to establish as se
curities for the. protection of the innocent, the
punishment of the guilty, and the equal admins
tration of justice 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 of necessity follow from an
almost countless number of agents established in
every parish or county in nearly a third of the
States of thelUnion. 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, in times of
peace, certainly ought never to be entrusted to
IN.
of such tribunal within a State is warranted as
a ameasure of war, the question Immediately pre-
sents itself whether we are still engaged in war;
Let us not unnecessarily disturb the commerce,
credit and industry of the country by declaring to
the American people and the world that the Uni
ted States are still in condition 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
wat.. 20 ofat. .afr n.Ir.
the rebellion is in fact at an end. The measure,
therefore, seems to be inconsistent with the ac
tual condition of the country as at variance with
the Constitution of the United States. If passing
from general considerations we examine the bill
in detail, it is open to weighty objections.


In time OF war 1t was evidently proper that we
should provide for those who were passing sudden
ly from n condition of bondage to state of free
dom. But the bill proposes to make the Freed
mems Bureau, established by the Act of 1860 as
one of the many great and extraordinary military
measures to suppress q formidable rebellion, n
permanent branch of the public administration,
with its powers greatly enlarged. have no reason
to suppose and do not understand it to be alleged
that the act of March, 1855, has proved deficient
for the purpose for which it was passed. although
at that time, and for considerable period there
after, the Government Of the United States
remained unacknowledged in most of the States
whose inhabitants had been involved in the re-
bellion. The institution of slavery, for the de-
struction of which the Freedmen's Bureau
called into existence as an auxiliary for il, has
already been effectually and finally abrogated
throughout the whole country by an amendment
TO the Constitution Of the United States, and
practically its eradication has received the assent
and concurrence of the most of those States
which at any time had existed and are not
therefore. able to discern in the country anything
to justify an apprehension that the powers and
agencies of the Freedmen's Bureau, which were
effective for the protection of freedmen and re-
fugees, during the actual continuation of hostli-
time tim Of peace. and afer the abolition Of slavery @
prove inadequate to the same proper ends


If am correct in these views there can be no
necessity, for the. endorsement Of the powers
of the Bureau. for which a provision is made
in the bill. The third section Of the bill au-
thorizes n general and unlimited amount Of sup
port to the destitute and suffering. refugees and
freedmen. and their wives and children.


The succeeding sections make provision for the
rent or purchase Of landed estates for freedmen,
and for the erection for their benefit Of suitable
buildings for asylums and schoofs the expenses to
be betrayed from the treasury of the whole peO-
pie. The Congress Of the United States has never
heretofore thought itself competent 10 establish
any laws beyond the limits of the District of Coll
unbia, except for the benefit of our disabled sol
ders and sailers. IL has neverefounded schools
for any class of our own people, net even for the
orphans of those who have fallen in defense of
the Union, but has left the care of their education
to the much more competent control of the States
Of communities, of private associations. and Of
ized to " sxpeud he public monsy for the rent or
purchase Of houses for the thousands, not TO say
millions, Of the white who are honestly toll
ing from Qay 10 DAY 10r tnelr subsistence.


A system for the support Of INDECENT persons in
the United states was never contemplated by the
authors Of the Constitution. Nor can any good
reason be advanced why, as q permanent estab-
lishment. IL should be founded for one class or
color of our people more than another. Pending
the ward many refugees and freedmen received
support from the Government. but il was never
intended they should heneeforth be fed, clothed.
educated and sheltered by the United States.
The idea on which the slaves were assisted to
freedomr was, that on becoming free. they would
be self-sustaining population, and any legisla-
tion that shall imply that they not expected
10 attain q self sustaining condition must have
tendency injurious alike to their character and
their prosperity. The appointment Of an agent
for every county and parish viii create an inn
mense patronage. and the expense Of the numer-
officers and clerks to be appointed BY the
President. viii be great in the beginning. with
tions asked for by the freedmen's Bureau, rs now
established, for the year 1866. amounts 70 Si1,-
145 GOO, IL may be safely estimated that the cost
20 be incurred under the pending bill will be
expended in any one year under the Adminisfra-
tion Of the second Adams.


II the presence OF agents in every parish and
county Is to be considered as a war measure. op-
position. or eye1 resistance, might be provoked,
thaf 70 give eject 70 their jurisdiction, troops
would have TO be stationed within the reach Of
every one Of them; and thus large standing
force would pc necessary. and large appropriate
tons would ee required 70 sustain anG enforce
military Jurisdiction in every county and parish
from the Potomac TO the Rio Grnnde, The condi-


tion OF our fiscal Affairs Is encouraging, but in or
der 70 sustain the present measure Of pablie con-
ly customary economy. but as far a. possible,
we're retrcDchmcnf. In sddition 10 the objections
already stated the Sh section Of the bill proposes
to take sway land fen il owners without any ie-
provision Of The CCnstitation which declares