Year: 1866

A a


- gI Ff


To the Senate of the United States


i have examined with care the bill
which originated in the Senate, and
has been passed by both Houses ot
Congress, to amend an act entitled
"An Act to establish Bureau for the
Relief Of Freedmen and Refugees, and
for other purposes" Having, with
much regret, come to the conclusion
that 1t would not be consistent with
the public welfare to give my approval
to the measure, L return the bill to
the Senate with my objections to It's
becoming law. / might call to mind,
in advance of these objections, that
there Is no immediate necessity for
a. r---1 TL--.~~A 20
establish Bureau for the 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
purpose in view Before it ceases to
have effect, further experience may
assist to guide US to a wise conclusion
as to the policy to be adopted in time
Of peace. i 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 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 au-
thority of Congress military jurisdic-
ton 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 expressly extends the
existing temporary jurisdiction of the
Freedmen's Bureau with greatly en-
larged 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 emanate
is none other than the President of
the United States, acting through the
War Department and the Commission
ers of the Freedmens Bureau. The
agents to caryy out this military juris-
diction are to be selected either from
the army or 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 tho number Of counties or parishes
in all the United States where freed
men and refugees are to be found
The subjects over which this military
jurisdiction is to extend in every part
of the United States include protection
to ell employees, agents and officers of
duties siiimiilpSo;sed" poh tife6fiSs of the
in eleven States. 1t is further to ex-
tend over all cases affecting freedmen
and refugees Disseminated against by
local law, custom or prejudice in those
States. The bill subjects any white
person who may be charged with de-
priving freedman Of any civil rights
or immunities belonging to white per-
sons to Imprisonment or fine, or both,
without, however, defining the civil
rights and immunities which are thus
to bo secured to the freedmen by mil
itary law. This military jurisdiction
also extends to all questions that may
arise respecting contracts The agent,
who is thus to exercise the office of
military Judge, may be stranger,
entirely ignorant of the laws of the
place, and exposed to the errors of
Judgment to which all men are liable.
Theexercise of power 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 man be attended by acts of caprice,
injustice and passion. The trials hav-
ing their origin under this bill are to
take place without the Intervention of
a jury, and without any fixed rules of
law or evidence. The rules on which
offences are to be heard and deter
mined by the numerous agents, are
such rules and regulations as the
President, through the War Depart
ment, shall prescribe. No previous
presentment is required, nor any in
dictment charging the commission of
crime against the laws; but the trial
must proceed on charges and specifi-
cations, and the punishment will be,
not what the law declares, but such 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 judicial power of the country
While the territory and the class OF
actions and offences that are made
subject to this measure are so extern
sive, the bill itself, should IL become a
law, will have no limitation in point
of time, but will form part of the
permanent Legislation of the country


/ cannot reconcile system of military
jurisdiction of this kind with the words
of the Constitution which declare tina,
''no person shall be held to answer foI
capital or otherwise Infamous crime
unless on presentment or indietrheh'
of grand-jury, except in cases arising
in the land or naval forces, or in tho
militia when in actual service in time
of war or public danger and tha


ain all criminal prosecutions, the &c
cused shall enjoy the right TO speedy


and public trial by an impartial jury
of the State or district wherein thu
crime shall have been committed"


The safeguards which wisdom AM
I; the experience of ages taught oul
fathers to establish as securities TO
' the protection of the innocent, th'
8 punishment of the guilty and th'


equal administration Of justice, are t.
{ be set aside, and for the sake OF
!; more vigorous interposition in behal
s of justice we are to take tho risk o