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which the freedmen 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 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 Commissioner of the Freedmen's Bureau. The agents to carry out this military jurisdiction are to be selected either from the . or from 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 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 include protection to “all employés, agents, and officers of this 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 discriminated against “by local law, custom, or prejudice.” In those eleven States, the bill subjects any white person who may be charged with o 8, freedman of “any civil rights or immunities 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 military law. This military jurisdiction also extends to all questions that * arise respecting contracts. She agent who is 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 of power, over which there is no legal supervision, by so vast a 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, having 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 determined' by the numerous agents are such rules and regulations as the President, through the War Department, shall prescribe. No previous presentment is required, nor any indictment charging the commission of a crime against the laws; but the trial must proceed on charges and specifications. 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 classes of actions and offences that are made subject to the measure are so extensive, the bill itself, should it become a law, will have no limitation in point of time, but will form a part of the permanent legislation of the country. I cannot reconcile a system of military jurisdiction of this kind with the words of the Constitution, which declare that “no person shall be held to answer for a capital or otherwise infamous crime unless upon

a presentment or indictment of a grand jury, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger;” and that “ in all criminal prosecutions 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 experience and wisdom of ages taught our fathers to establish 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 a more vigorous interposition in behalf of justice, we are to take the risks of the many acts of injustice that would necessarily follow from an almost countless number of agents, established in every parish or county, in nearly a third of the States of the Union, over whose decisions 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 intrusted to any one man. If it be asked whether the creation of such a tribunal within a State is warranted as a measure of war, the question immediately presents itself whether we are still engaged in war. Let us not unnecessarily disturb the commerce, and credit, and industry of the country, by declaring to the American people and to the world that the United States are still in a 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 a forfeiture of the rights of whole communities. The country has returned or is returning to a state of peace and industry, and the rebellion is, in fact, at an end. 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. If, passing from general considerations, we examine the bill in detail, it is open to weighty objections. n time of war it was eminently proper that we should provide for those who were passing suddenly from a condition of bondage to a state of freedom.” But this bill proposes to make the Freedmen's Bureau, established by the act of 1865, as one of many great and extraordinary military measures to suppress a formidable rebellion, a permanent branch of the public administration, with its powers greatly enlarged. I have no reason to suppose, and I do not understand it to be alleged, thät the act of March, 1865, has proved deficient for the purpose for which it was passed, although at that time, and for a considerable

*I have obtained from an official source the following statement, not of the number of persons relieved, but of the number of rations issued by the Freedmen's Bureau, in each State, from June 1, 1865, to April 1, 1866–ten

months: Refugees. Freed gees. Freedmen. Total. Virginia 4,635 1,676,127 1,680,762 North Carolina................... 4,474 902,776 907,450 South Carolina and Georgia 24,974 861,653 886,627

Alabama 879,353 364,215 1,243,538 Louisiana. 4,330 296,431 300,761 Texas... 166 3,521 - 3,687 Mississipp 33,489 308,391 341,880 Arkansas. 1,004,862 715,572 1,720,434 IKentucky 87,180 306,960 394,140 District of Columbia 3,834 440,626 444,460

2,047,297 5,876,272 7,923,569 Total number of rations issued to freedmen for

ten months --- ... 5,876.272 Total number of . 2,047,297

Total number of rations issued to whites and blacks for ten months, from June 1, 1865, to April 1, 1866................................................ 7,923,519


eriod thereafter, the Government of the United States remained unacknowledged in most of the States whose inhabitants had been involved in the rebellion. The institution of slavery, for the military destruction of which the Freedmen's Bureau was called into existence as an auxiliary, has been already effectually and finally abrogated throughout the whole country by an amendment of the Constitution of the United States, and practically its eradication has received the assent and concurrence of most of those States in which it at any time had an existence. I am not,...therefore, able to discern in the condition of 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 refugees during the actual continuance of hostilities and of African servitude, will now, in a time of peace, and after the abolition

of slavery, prove inadequate to the same proper

ends. If I am correct in these views there can be no necessity for the enlargement of the powers of the bureau for which provision is made in the bill. The third section of the bill authorizes a general and unlimited grant of support to the destitute and suffering refugees . freedmen, their wives and children. 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 schools—the expenses to be defrayed from the treasury of the whole people. The Congress of the United States has never heretofore thought itself empowered to establish, asylums beyond the limits of the District of Columbia, except for the benefit of our disabled soldiers and sailors. It has never founded schools for any class of our own people; not even for the orphans of those who have fallen in the defence of the Union, but has left the care of education to the much more competent and efficient control of the States, of communities, of private associations, and of individuals. It has never deemed itself authorized to expend the public money for the rent or purchase of homes for the thousands, not to say millions, of the white race who are honestly toiling from day to day for their subsistence, A system for i. support of indigent persons in the United States was never contemplated by the authors of the Constitution; nor can any good reason be advanced why, as a permanent establishment, it should be founded for one class or color of our people more than another. Pending the war many refugees and freedmen received support from the Government, but it was never intended that they should thenceforth be fed, clothed, educated, and sheltered by the United States. The idea on which the slaves were assisted to freedom was, that on

becoming free they would be a self-sustaining

population. Any legislation that shall ims that they are not expected to attain a selftaining condition must have a tendency inj. ous alike to their character and their prospe: The appointment of an agent for every courand of will create an immense satrono and the expense of the numerous officers , their clerks, to be appointed by the Presidewill be great in the beginning, with a tendersteadily to increase. The appropriations as: by the Freedmen's Bureau, as now éstablish for the year 1866, amount to $11,745,000. . may be safely estimated that the cost to be . curred under the pending bill will require door. that amount—more than the entire sum exper in any one year under the administration of " second Adams. . If the presence of agents every parish and county is to be considered o. war measure, opposition, or even resistan might be provoked; so that, to give effect their jurisdiction, troops would have to be s. tioned within reach of every one of them, 3: thus a large standing force be rendered ne: sary. Large appropriations would, therefox be required to sustain and enforce military 1 risdiction in every county or parish from to Potomac to the Rio Grande. The condition. our fiscal affairs is encouraging; but, in order; sustain the present measure of public confideo || it is necessary that we practice, not merely co tomary economy, but, as far as possible, seves retrenchment. In addition to the objections already statil the fifth section of the bill proposes to to away land from its former owners without of legal proceedings, being first had, contrary that provision of the Constitution which decla: that no person shall “be deprived of life, liberol or property without due process of law." " does not appear that a part of the landso which this 'section refers may not be owned to minors, or persons of unsound mind, or by tho who have been faithful to all their obligatio as citizens of the United States. If any po tion of the land is held by such persons, it is o' competent for any authority to deprive them it. If, on the other hand, it be found that to [...'. is liable to confiscation, even then cannot be appropriated to public purposes unto by due process of law, it "shall o, been do clared forfeited to the Government. There is still further objection to the bill of grounds seriously affecting the class of perso to whom it is designed to bring relief. It wo tend to keep the mind of the freedman in state of uncertain expectation and restlessno while to those among whom he lives it will lo a source of constant and vague apprehension, , Undoubtedly the freedman . protecte but he should be protected by the civil authorite, especially by the exercise of all the constitution, powers of the courts of the United States and of the States. His condition is not so exposed as mos at first be imagined. He is in a portion of the country where his labor cannot well be spare Competition for his services from planters, froß those who are constructing or repairing rail. roads, and from capitalists in his vicinage, 0. from other States, will enable him to comman almost his own terms. He also possesses a po

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ect right to change his place of abode ; and if, herefore, he does not find in one community or State a mode of life suited to his desires, or roper remuneration for his labor, he can move o another, where that labor is more esteemed ind better rewarded. In truth, however, each State, induced by its own wants and interests, will do what is necessary and proper to retain within its borders-all the labor that is needed or the development of its resources. The laws ...hat regulate supply and demand will maintain heir force, and the wages of the laborer will oe regulated thereby. There is no danger that the exceedingly great demand for labor will not operate in favor of the laborer. Neither is sufficient consideration given to the ability of the freedmen to protect and take care of themselves. It is no more than justice to them to believe that as they have received their freedom with moderation and forbearance, so they will distinguish themselves by their industry and thrift, and soon show the world that in a condition of freedom they are self-sustaining, capable of selecting their own employment and their own places of abode, of insisting for themselves on a proper remuneration, and of establishing and maintaining their own asylums and schools. It is earnestly hoped that, instead of wasting away, they will, by their own efforts, establish for themselves a ... of respectability and prosperity. It is certain that they can attain to that condition only through their own merits and exertions. In this connexion the query presents itself whether the system proposed by the bill will not, when put into complete operation, practically transfer the entire care, support, and control of four millions of emancipated slaves to agents, overseers, or task-masters, who, appointed at Washington, are to be located in every county and parish throughout the United States containing freedmen and refugees? Such asystem would inevitably tend to a concentration of power in the Executive, which would enable him, if so disposed, to control the action of this numerous class, and . them for the attainment of his own political enCls. I cannot but add another very grave objection to this bill. The Constitution imperatively declares, in connection with taxation, that each State, SHALL have at least one Representative, and fixes the rule for the number to which, in future times, each State shall be entitled. It also provides that the Senate of the United States SHALL be composed of two Senators from each State; and adds, with peculiar force, “that no State, without its consent, shall be deprived of its equal suffrage in the Senate.” The original act was necessarily passed in the absence of the States chiefly to {. affected, because their people were then contumaciously engaged in the rebellion. . Now the case is changed, and some, at least, of those States are attending Congress by loyal representatives, soliciting the allowance of the constitutional right of representation. At the time, however, of the consideration and the passage of this bill, there was no Senator or Representative in Congress from the eleven States which are to be mainly affected by its provisions. The very fact that reports Werg and are made against o good disposition

of the people of that portion of the country is an additional reason why they need, and should have, Representatives of their own in Congress, to explain their condition, reply to accusations, and assist, by their local knowledge, in the perfecting of measures immediately affecting themselves. While the liberty of deliberation would then be free, and Congress would have full power to decide according to its judgment, there could be no objection urged that the States most interested had not been permitted to be heard. The principle is firmly fixed in the minds of the American people, that there should be no taxation without representation. Great burdens have now to be borne by all the country, and we may best demand that they shall be borne without murmur when they are voted by a majority of the representatives of all the people. I would not interfere with the unquestionable right of Congress to judge, each house for itself, “of the elections, returns, and qualifications of its own members.” But that authority cannot be construed as including the right to shut out, in time of peace, any State from the representation to which it is entitled by the Constitution. At present all the people of eleven States are excluded—those who were most faithful during the war not less than others. The State of Tennessee, for instance, whose authorities engaged in rebellion, was restored to all her constitutional relations to the Union by the par triotism and energy of her injured and betrayed people. Before the war was brought to a termination they had placed themselves in relations with the General Government, had established a State government of their own, and/as they were not included in the emancipation proclamation, they, by their own act, had amended their constitution so as to abolish slavery within the limits of their State. I know no reason why the State of Tennessee, for example, should not fully enjoy “all her constitutional relations to the United States.” The President of the United States stands towards the country in a somewhat different attitude from that of any member of Congress. Each member of Congress is chosen from a single district or State; the President is chosen by the people of all the States. As eleven States are not at this time represented in either branch of Congress, it would seem to be his duty, on all proper occasions, to present their just claims to Congress. There always will be differences of opinion in the community, and individuals may be guilty of transgressions of the law, but these do not constitute valid objections against the right of a State to representation. I would in nowise interfere with the discretion of Conress with regard to the qualifications of memo but I hold it my duty to recommend to you, in the interests of peace and in the interests of Union, the admission of every State to its share in public legislation, when, however insubordinate, insurgent, or rebellious its people may have been, it presents itself not only in an attitude of loyalty and harmony, but in the persons of representatives whose loyalty cannot be questioned under any éxisting constitutional or legal test. It is plain that an indefinite or permanent exclusion of any part of the country from representation must be attended by a spirit of disquiet and complaint. It is unwise and dangerous to pursue a course of measures which will unite a very large section of the country against another section of the country, however much the latter may preponderate. The course of emigration, the development of industry and business, and natural causes, will raise up at the South men as devoted to the Union as those of any other part of the land. But if they are all excluded from Congress; if, in a permanent statute, they are declared not to be in full constitutional relations to the country, they may think they have cause to be. come a unit in feeling and sentiment against the Government. Under the political education of the American people, the idea is inherent and and ineradicable, that the consent of the majority of the whole people is necessary to secure a willing acquiescence in legislation. The bill under consideration refers to certain of the States as though they had not "been fully restored in all their constitutional relations to the United States.” If they have not, let us

at once act together to secure that desirable end ||

at the earliest possible moment. It is hardly necessary for me to inform Congress that, in my own judgment, most of those States, so far, at least, as depends upon their own action, have already been fully restored, and are to be deemed as entitled to enjoy their constitutional rights as members of the Union.* Reasoning from the

* In response to this suggestion, this action took place in Congress:

When Representatives shall be Admitted from States declared in Insurrection.


February 20, 1866—Mr. Stevens, from the Committee on Reconstruction, reported this concurrent resolution:

Resolved by the House of Representatives, (the Senate concurring.) That, in order to close agitation upon a question which seems likely to disturb the action of the Government, as well as to quiet the uncertainty which is agitating the minds of the people of the eleven States which have been declared to be in insurrection, no Senator or Representative shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation.

Which was agreed to–yeas 109, nays 40, as follow :

YEAs—Messrs. Allison, Anderson, James M. Ashley, Baker,

Baldwin, Banks. Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold. Abner C. Harding, Hart, Hayes. IIenderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. IIubbard, Chester D. Hubbard, Demas Hubbard, jr., John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Laflin, George W. o; William Lawrence, Loan, Longyear, Lynch, Marston, McClurg, McIndoe, McKee, McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, O’Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William H. Randall, John H. Rice, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, John L. Thomas, .jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge—109.

Constitution itself, and from the actual situat: of the country, I feel not only entitled, but boo to assume that, with the federal courts restos. and those of the several States in the full ero cise of their functions, the rights and interest, all classes of the people will, with the aid of military in cases of resistance to the laws, essentially protected against unconstitutio infringement or violation. Should this extation unhappily fail, which I do not antics then the Executive is already fully armed v the powers conferred by the act of March, 1° establishing the Freedmen's Bureau, and hoafter, as heretofore, he can employ the land c naval forces of the country to suppress insuro tion or to overcome obstructions to the laws. In accordance with the Constitution Ire: the bill to the Senate, in the earnesthope tha. measure involving questions and interests important to the country will not become also unless, upon deliberate consideration by their ple, it shall receive the sanction of an enlighto: public judgment. ANDREW Johnsox. WASHINGTON, February 19, 1866. Copy of the Bill Vetoed. AN ACT to amend an act entitled “An acto establish a Bureau for the relief of Freedo. and Refugees,” and for other purposes. Be it enacted, &c., That the act to establish

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enlisted man, shall receive a salary of not less

bureau for the relief of freedmen and refugees, approved March three, eighteen hundred and sixty-five, shall continue in force until otherwise provided by law, and shall extend to refugees and freedmen in all parts of the United States; and the President may divide the section of country containing such refugees and freedmen into districts, each containing one or more States, not to exceed twelve in number, and, by and with the advice and consent of the Senate, ap§. an assistant commissioner for each of said istricts, who shall give like bond, receive the compensation, and perform the duties prescribed by this and the act to which this is an amendment ; or said bureau may, in the discretion of the President, be placed under a commissioner and assistant commissioners, to be detailed from the army; in which event each officer so assigned to duty shall serve without increase of pay or allowances. SEC. 2. That the commissioner, with the approval of the President, and when the same shall be necessary for the operations of the bureau, may divide each district into a number of sub-districts, not to exceed the number of coun. ties or parishes in such district, and shall assign to each sub-district at agent, either a citizen, officer of the army, or enlisted man, who, if an officer, shall serve without additional compensation or allowance, and if a citizen or

than five hundred dollars nor more than twelve hundred dollars annually, according to the services rendered, in full compensation for such services; and such agent shall, before entering on the duties of his office, take the oath prescribed in the first section of the act to which this is an amendment. And the commissioner may, when the same shall be necessary, assign to each assistant commissioner not exceeding three clerks, and to each of said agents one clerk, at an annual salary, not exceeding one thousand dollars each, provided suitable clerks cannot be detailed from the army. And the President of the United States, through the War Department and the commissioner, shall extend military jurisdiction and protection over all employés, agents, and officers of this bureau in the exercise of the duties imposed or authorized by this act or the act to which this is additional. SEC, 3. That the Secretary of War may direct such issues of provisions, clothing, fuel, and other supplies, including medical stores and transportation, and afford such aid, medical or otherwise, as he may deem needful for the immediate and temporary shelter and supply of destitute and suffering refugees and freedmen, their wives and children, under such rules and regulations as he may direct: Provided, That no person shall be deemed “destitute,” “suffering,” or “dependent upon the Government for support," within the meaning of this act, who, being able to find employment, could by proper industry and exertion avoid such destitution, suffering, or dependence. SEC. 4. That the President is hereby authorized to reserve from sale, or from settlement, under the homestead or pre-emption laws, and to set apart for the use of freedmen and loyal refu

Florida, Mississippi, Alabama, Louisiana, and Arkansas, not exceeding in all three millions of acres of good land; and the commissioner, under the direction of the President, shall cause the same from time to time to be allotted and assigned, in *. not exceeding forty acres each, to the loyal refugees and freedmen, who shall be protected in the use and enjoyment thereof for such term of time and at such annual rent as may be agreed on between the commissioner and such refugees or freedmen. The rental shall be based upon a valuation of the land, to be ascertained in such manner as the commissioner may, under the direction of the President, by regulation prescribe. At the end of such term, or sooner, if the commissioner shall assent thereto, the occupants of any parcels so assigned, their heirs and assigns, may purchase the land and receive a title thereto from the United States in fee, upon paying therefor the value of the land ascertained as aforesaid. SEC. 5. That the occupants of land under Major General Sherman's "special field order, dated at Savannah, January sixteen, eighteen hundred and sixty-five, are hereby confirmed in their possession for the period of three years from the date of said order, and no person shall be disturbed in or ousted from .# possession during said three years, unless a settlement shall be made with said occupant, by the former owner, his heirs or assigns, satisfactory to the commissioner of the Freedmen's Bureau: Provided, That whenever the former owners of lands occupied under General Sherman's field order shall make application for restoration of said lands, the commissioner is hereby authorized, upon the agreement and with the written consent of said occupants, to procure other lands for them by rent or purchase, not exceeding forty acres for each occupant, upon the terms and conditions named in section four of this act, or to set apart for them, out of the public lands assigned for that Fo'. in section four of this act, forty acres each, upon the same terms and conditions. SEC. 6. That the commissioner shall, under the direction of the President, procure in the name of the United States, by grant or purchase, such lands within the districts aforesaid as may be required for refugees and freedmen dependent on the Government for support; and he shall provide or cause to be erected suitable buildings for asylums and schools. But no such purchase shall be made, nor contract for the same entered into, nor other expense incurred, until after appropriations shall have been provided by Congress for such purposes. And no payment shall be made for lands purchased under this section, except for asylums and schools, from any moneys not specifically o therefor. And . commissioner shall cause such lands from time to time to be valued, allotted, assigned, and sold in manner and form provided in the fourth section of this act, at a price not less than the cost thereof to the United States. SEC. 7. That whenever in any State or district in which the ordinary course of judicial proceedings has been interrupted by the rebellion, and wherein, in consequence of any State or

gees, male or female, unoccupied public lands in

local law, ordinance, police or other regulation,

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