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TO
Freednien's Bureau Bill Teto
message of tlie President.
The following is the message of the
President vetoing the Freedmen's Bureau
Bill:
To the Senate of the United States :.. '
I have examined with care the hill,
which originated in the Senate and has
been passed by the two Houses of: Con
gress, to amend an act encitled " An Act
to establish a Bureau for the Belief of
Freedmen and Befugees, and : for other
purposes." Having with much regret
come to the conclusion that it would not
be consistent with the public welfare. to
give my approval to the measure, I return
the bill to the Senate with my objections
to its becoming a law.
I might call to mind, in advance of
these objections, that there is no immedi
ate necessity for the proposed measure.
The act to establish a bureau for the
relief of freedmen and refugees, which
was approved in the month ol March last,
has not yet expired. It 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 iu time of peace.
I have with Congress the strongest de
sire to secure to the lreedmeu the full
enjoymeut 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 ure
not well suited to accomplish the end in
view. -
The bill proposes to establish, by au
thority of Congress, military jurisdiction
over all parts of the United States con
taining refugeesand freedmen. It would,
by its very nature, apply with mot lorce
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 enlarged powers, over those
States in which the ordinary course of ju
dicial proceedings has beeu 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
Departmeut aai the Commissioner of the
Freedmen's Bureau. The agents to carry
out this military jurisdiction are to be
selected either Irom the army or from
civil lite. 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 Uuited States where
freedmen and refugees are to be found.'
TJ:e subjects over which this mili
tary jurisdiction is to extend in every
part of the United States, include protec
tion to all employees, agents and oiiicers
of this Bureau in the exercise of the du
ties imposed upon them by the bill. In
eleven States it is further to extend over
all cases affecting freedmen acd refugees
discriminated against by local law, custom
or prejudice. Iu those eleven States
the bill subjects any white persoa who
may be charged with depriving a freed-
mau ot any civil rights or immunities be
longing to white persons to iainrisonmeut
or line, or both, without, however, defi-
nmg me civil rights and immunities
which are thus to be secured to the freed
men, by military Law. This military ju
risdiction also extends to all questions
that may arise rsspcctinsr contracts. The
agent, who is tli us to exercise the office
of a military judge, may be a Btranger,
entirely ignorant of the laws of the place,
and exposed to the errors of judgment to
which all men arc liable. I he exercise
cT power, over which there is no legal su
pervision, by so vast a number of agents
as is contemplated' by the bill, must, by
iho very nature of man, be attended by
acts of caprice, injustice and passion.
The trials, having their origin under this
bill, are to take placo without the inter
vention 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
rule3 and regulations as the President,
through the War Department, shall pre
scribe. No previous presentment i3 re
quired, nor any indictment, sharging the
commission ot a crime against the laws j
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 judi
cial power of the country j while the
territory, and the class ot actions and of
fences, that -are made subject to this
measure, arc so extensive that the bill
itself, should it become a law, will have
no limitation iu point of time, but will
form a part of the permanent legislation
of the country. I cannot reconcile a sys
tem 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 infa
mous crime, unless on a presentment or
indictment of a grand jury, - except ; in
cases arising in the land or naval forces,'
or in the militia; when in actual service
I WOULD RATHER BB RLGHTJHAN PRESIDENT. Eekbt Cut.
EBENSBTJRG, PA., THURSDAY, MARCH 1, 1866.
in time of war or public danger;" and
that " in all criminal prosecutions, the ac
cused 6hall 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
experience' of ages taught our fathers to
establish as securities for the protection
of the innoeent, the punishment of the
guilty, and the equal administration of
justice, are-to bo set aside, and for the
sake of a more vigorous interposition in
behalf of justice, W8 are to take the rest
cf the many acts of injustice that would
of necessity follow from an almost count
less number of agents established in everv
parish or county in nearly a third of the
States ot the Union, or over whose decis
ion there is to be no supervision or control
by the lcderal Court. The power that
would be thus plased in the hands of the
President is such as in time of peace
certainly ought never to be entrusted to
one man. If it be asked whether the cre
ation of such a tribunal within a State is
warranted as a measure of war, the ques
tion 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 the
world that the United States are still in
a condition of civil var. At present there
is no part of our country in which the
authority of the United States is di?pufced.
Offences that may be committed by indi
viduals should not work a forfeiture of the
rights of tho same communities. The
country has entered, or is returning to a
stato of peace and industry, and the re
bellion is in fact at an end. The measure,
therefore, seems to be as inconsistent with
tho actual condition of the country as it is
at variance with tho Constitution of the
United States.
If, passing from general considerations,
wo examine the bill in detail, it is open to
weighty objections. In time ot war it was
eminently proper that we should provide
for those who were passing suddenly from'
a condition of bondage to a state of free
dom. But this bill proposes to make the
Freedmen's Bureau, established by the
act of 1SG5, as one of many great and
extraordinary military measures to sup
press a formidable rebellion, a permanent
branch of tho public administration, with
its powers greatly enlarged. I have no
reason to suppose, and I do not understand
it to be alleged, that the act of March,'
1SG5; has proven deficient for the purposJ
for which it passed; although at that time,
and for a considerable period thereafter,
tho Government of the United States
remained unacknowledged in the most of
the States, whose inhabitants had been
involved in the rebellion. The institution
of Slavery, for the military destruction or
which the Freedmen's Bureau wa? called
into existence as an auxiliary force, has
been already effectually and finally abro
gated throughout tbe whole country by an
amendment of the Constitution- of the
United States, and practically its eradica
tion has received the assent and concur
rence of most of those States in which it
at any time had existed. I am not, there
lore, able to discern in the country any
thing to justify an apprehension that the
powers and agencies ot the Freedmen's
Bureau, which were effective for the pro
tection 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, thera ean
be no necessity for the enlargement of the'
powers of the Bureau, for which provision
is made in tbe bill. The third section of
the bill authorizes a general and unlimited
grant of support to the destitute and suf
fering refugees and freedmen and 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 competent to establish any
laws beyond the limits of the District ot
Columbia, except for the benefit of oar
disabled soldiers or sailors. It has never
founded schools for any class of our own
people,' not even for tho orphans of those
who have fallen, in defence of the Union,
but has left the care of their 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 pur
chase of homes for the thousands, not to say
millions, of the whito race who are honestly
toiling from day to day for their subsist
ence. A system for the support of indi
gent persona in, tho United States was
never contemplated by the authors of the
Constitution. Nor can any good reason
be advanced why, as a permanent estab
lishment, .,' it. should bo founded for one
class or color of our people more than for
another. Pending the war many refugees
and freedmen received support from tho
Government, but it was never intended
that they should henceforth be fed, clothed,
educated . and . sheltered by the United
States.: .Tho. idea on ;which the slayes
were assisted to freedom, was that on ' be
coming free they would be a self-sustaining
population. Anv legislation tW shall
imply, that they are not expected to attain
a self-eustaining condition, must Lave a
tepdency injurious alike to their character
acd their prosperity. -The appointment
of an agent for every county and parish
will create an immense patronage, and the
expense of the numerous officers and the
clerks to be appointed by the President
will be great in the beginning, with a ten
depcy steadily to increase. The appro
priations asked by the Freedmen's Bureau
as now eslablkhe'd, for the year 18G6,
amount to 011,745,000.' It may be safely
estimated that the cost to be incurred
under the impending bill will require
double that amount, more than the entire
sum expended in any one yaar under the
administration of the second Adams. If
the presence of agents iu every parish
and county is to be considered as a war
measure, opposition or even resistance
might be provoked, 60 that to give effect
to their jurisdiction troops wouid have to
be stationed within reach of every one of
them, and thus a large standing force be
rendered necessary. Large appropriations
would, therefore, be required to sustain
and enforce military jurisdiction in every
county or parish from the Potoma to the
Ilio Grande. The' condition of our fiscal
affairs is encouraging, but in order to sus
tain the present measure of public confi
dence, it is necessary that we practice not
merely customary economy, but as far as
possible severe retrenchment. In addition
to the objections already stated, the fifth
section of the bill proposes to take away
land from its former owners without any
legal proceedings being first had, contrary
to that provision of the Constitution which
declares that no person shall be deprived
of life, liberty or property without due
process of law.' It does not appear that a
part of the lands to which this section
refers ' may not be owned by minors or
persons of unsouad mind, or by those who
have been faithful to all their obligations
as citizens of tho United States. If auy
portion of tho land is held by such per
sons, it is not competent for any authority
to deprive them of it. If, on the other
hand, it be found that the property is
liable to confiscation, even then it cannot'
be appropriated to public purposes, until,
by due process of law, it shall have been
declared forfeited to the Government.
Theru are "still further objections to the
bill, on grounds seriously affecting the
class of persous to whom it is designed
to bring relief. It will tend to keep the
mind of the frcedman in a state of uncer
tain expectation and restlessness; while to
those among whom he lives it will be a
source of constant and vague apprehen
sion. Undoubtedly the frcedman should
be protected, but he should be protected
by the civil authorities, especially by the
exercise of all the coustitutiou'ai powers
of the courts of the United States and of
the States. His condition is not so much
exposed as may at first be imagined. He
is in' apportion of the country where his
labor cannot well be spared. Competition
for his services from planters, from those
who are constructing or repairing rail
roads, or from capitalists in his vicinage,
or from other States, will enable him to
command almost his own terms. He also
possesses a perfect right to change his
place of abode, and if, therefore, he does
not find, in. one community or State, a
mode of life suited to his desires, or prop
er remuneration for his labor, he can move
to another, where labor is mire esteemed
and better rewarded. In truth however,
each State, induced by its own wants arid
interests, will do what, is necessary and
proper to retain within its borders all the
labor that is needed for the development
of its resources. The laws that regulate
supply and demand will maintain their
force, and the -wages of the Jaborcr wi!l
bo regulated thereby. There is no dan
ger thatjhe great demand for labor will
not operate in favor of the laborer. Mei
theris sufficient consideration giveu to the
ability of the freedmen to protect and take
care of themselves. . It is no more than
justico to them to believe that, as they
have received their freedom with modera
tion and forbearance, so they will distin
guish themselves by their industry and
thrift, and soon show the world that in a
condition of freedom they are self-sustaining
and 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 condi
tion of respectability and prosperity. It
is certain that they can attain to that con
dition only through their own merits and
exertions. In this connection, the query
presents itself whether tho syptem pro
posed by the bill will not, when put into
complete i operation, practically transfer
the entire care, support and control of four
millions of emancipated slaves to agents,
overseers or taskmasters, who, appointed
at Washington, are to be located in every
county and parish throughout the United
States containing freedmen and refugees.
Such a. system would inevitably tend to
such a concentration of power ia.the Ex
ecutive which would enable him, if so
disposed,' to control the action of a nu
merous class and use them for the attain
ment of his own political ends.
; I cannot but add another very grave
objection to this bill. The Constitution
imperatively .declares iu connection with
taxation that each State shall 4iave at least
oue 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 de
prived of its equal suffrage in the Seoate.
The oiiginal act was necessarily passed iu
the absence of the States chiefly to be af
fected, because their . people were then
contumaciously engaged in the rebellion.
Now the caso is changed, and some at
least of the States are attending Congress
by loyal representatives, soliciting the al
lowance of the constitutional right of rep
resentation. At the time, however, of
the consideration and the passage of the
bill, there was no Senator or Representa
tive in Congress from the eleven States
which are to be mainly affected bv the
provisions. The very fact that reports
were and are made against the gooJ dis
position of the country is an additional
reasou why they need and should have
representatives of their own in Congress
to explain their condition, reply to accu
sations, and assist by their local knowl
edge in the perfecting of measures imme
diately 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 nt been permitted to
be heard. The principle is firmly fixed
in the minds of the American people that
there should be no taxation without rep
resentation: Great burdens are now to be
borne by all the country, aud we may best
demand that they shall be borne without
murmur when they are voted by a major
ity of the representatives cf all the.people.
I would not interfere with the unques
tionable 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 ia.time of
peace any State from the representation
to which it is entitled by the Contitution.
At present all the people of eleven States
are excluded. Thoe wiio were most
faithful during the war not less than oth-.
ers. The State of Tennessee, for instance,
whose authorities engaged in rebellion,
was restored to all her constitutional rela
tions to the Unioa by the patriotism aud
energy of her injured and betrayed peo
ple. Before the war was brought to a
termination, they had placed themselves
in relation 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 ('on
stitutioii so as to abolish slavery within
the limits of their State. I knov7 no
reason why the State of Tennessee, for
example, should uot fully enjoy all her
Constitutional relations to the United
States.
The President of the United States
stands toward the country in a somewhat
different attitude from 'hat of any mem
ber of Congress, chosen from a single
district or State. The Presidenl is cho
sen by the people of all the States.
Eleven States are not, at this time, repre
sented in either branch of Congress. It
would seem to be his duty on all proper
occasion to present their just claims to
Congress. There always will be differen
ces of opinion in the community, and in
dividuals may be guilty ,of trausgressions
of the law. But these do not constitute
valid objections against the right of a
State to representation. It would in no
wise interfere with the discretion of Con
gress with regard to the qualifications, of
members; but I hold it my duty to re
commend to j'ou in the interests of peace,
and in the interests of the Union, the
admission of every State to its share of
public legislation, when, however insub
ordinate, insurgent or rebellious its people
may have been, it presents itself not only
iu an attitude of loyalty and harmony, but
in the person? ot representatives who.-e
loyalty cannot be questioned under exist
ing constitutional or legal test. It is plain
that an indefinite or permanent exclusion ;
of any part of the country from reproseu-
tation must be attended by a spirit of dis- J
quiet and compliiot. It is uuwise and j
dangerous to pursue a course of measures
which will unite any large section of the j
cpuntry against another .section cf the
country, no matter how much the latter
may predominate. The courso of immi
gration, 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 ot the land.
But it they are all excluded from Con
gress; if iu a permanent statute they are
declared not to be in full constitutional
relations to tho country, they may think
they have cause to become a unit in feel
ings and sentiments against the Govern
ment. Under the political education of
the American people, the idea is inherent
and ineradicable that the consent of the
majority of the whole people is' necessary
to secure a willing acquiescence in legis
lation. 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 ha?e not, let us at once
TSRMS: 3.O0 PER AIVXUM.
l$2.00IADVAXCE.
NUMBER, 20.
act together to" secure that desirable end
at the earliest possible moment. It ii
hardly necessary for me to inform Con
gress that, in my own judgment, mo.t of
those States, so far at least as depends
upon their action, have already been fully
restored and are to be deorned to be enti
tled to enjoy their constitutional rights as
members of the Union. Reasoning from
the Constitution itself, and from the'actual
eituation of the "country, I feel not only
entitled but bound to assume that, with
the Federal Courts restored in the several
States, and in the full e-xprrUt nf tV.n;
functions, the rights and interests of all
classes of the people will, with the aid of
the military, in cases of resistance to the
law, be essentially protected against un
constitutional infringement and violation.
Should this expectation unhappily fail,
which I do not anticipate, then the Exec
utive is already armed with the powers
conferred by the act of March, 1SG5,
establishing the Freedmen's Bureau; and
hereafter, as heretofore, he can employ tho
land and naval forces of the country to
suppress insurrection and to overcome
obstructions to the laws.
I return the bill to the Senate in tho
earnest hone thut a measure involving
questions and interests so important to tho
country wilt not become a law unless upon
deliberate consideration by tbe people it
shall receive the sanction of an enlightened
public judgment. Andrew Johnson.
Washington, D. C, Feb. 10, 1SGC.
Tlie ISill ior tiie Ilepeal or tue
State Tax on Ileal Estate.
The following is the bill passed by the
State Legislature releasing all real estate
from taxation for State purposes :
Section 1. Be it enacted by the Sen
ale and House of Jteprcsentatives of the
Commonxcealth of Pennsylvania in General
Assembly met, and it is Jtcrcb enacted
by the authority of the same, That from
and after the passage of this act, it shall
be the duty of the cashier of every bank
in this Commonwealth, whether incorpo
rated under tho laws of this State or of
tho United States, to collect, annually,
from every stockholder of said bank, a
tax of one per centum upon the par value
of the stock held by said stockholder, and
to pay the same inro theStite treasury on
or before the first day of July in every
year hereafter, commencing on the first
day of July, Anao Domiui one thousand
eight hundred and sixty-six, and the said
stock shall be exempt from all other taxa
tion under the laws of this Commonwealth.
Sec. 2. That in addition to the taxes
now provided for by Jaw, every railroad,
canal and transportation company incor
porated under the law of thi3 Common
wealth, and not liablo to the tax upon
income under existing laws, shall pay to
the CommonweaUh a tax of three-fourths
of one per centum upjn the gross receipts
of said company ; the said tax shall be"
paid semi-annually, upon the first days of
July and January, commencing on the first
day of July, one thoutaud eight hundred
and sixty-six ; and for the purpose of ascer
taining the amount of the same, it shall
be the duty of the treasurer, or other
proper officer of said company, to trans
mit to the Auditor General, at the dates
aforesaid, a statement, under oath or
affirmation, cf the amount of the gross re
ceipts of the said company during the
preceding six months ; and if any such
company shall refuse or fail, for a period
of thirty days after such tax beccmes due,
to make f?aid return, or to pay the jame,
the amount thereof, with an addition of
ten per centum thereto, shall be collected
for the use of the Commonwealth, as other
taxes are recovcra-ble by law, from said
companies.
Sec. 3.' The revenue derived under the
second section of this act shall be applied
to the payment of the principal and inter
est of the debt contracted under the act
of 15th May, 1SG1, entitled An act to
create a loau, and to provide for armin"'
the State. "
Sec. 4. From and after the passage of
this act, the real estate of this Common
wealth shall be exempt from taxation for
State purposes : Provided, That this sec
tion shall not be construed to relieve tha
said real estate from the payment of any
taxes due the Commonwealth at the date
of the passage of this act.
O
The Smoky City. Pittsburg, the sec
ond city of the Stale, is rapidly improving
and well deserves its name of the Bir
mingham of America. Its substantial
growth ij indicated by the fact, that seveu
years ago the city had but five banks, now
it has twenty, with a cipital of 825,000,
000. It has five large cotton factories,
and seven woolen ones. It has no less
than fifty glass making establishments,
which produced 13,000,000 worth last
year. . In the iron trade, the amount of
manufacture is immense. The value of
its coal trade isestimated at 80,000.000,
while its oil trade and manufacture is put
at 825,000,000. "
m m m
JEST" A bachelor and a young lady pur
chased some tickets in partnership in a
lottery at the recent Sanitary Fair at Mil
waukie, agreeing to divide the proceeds
equitably. They drew a double bedstead,
a baby crib, and a lunch basket, and the
question is now to divide them, or whetr.i
they shall not use them "jintly."
J
I