CON ! NITKD M'ATES. 



213 



by the United States at tax solos, and which are 

 now lu-ld l>y tlu- I 'nited States, should bo sold 

 at prices not less than ten dollars an acre, and 

 :!ie proceeds .should bo invested for the 

 hupp. , ithout distinction of color 



or race, on the islands in the pari.-hes of St. 

 Helena and St. I. uke. That is all the provision 

 which was mado for education. It will bo re- 

 membered that in the other bill there was a pro- 

 vision which was deemed pretty elaborate and 

 extensive. That provision was stricken 

 out and the provision of the Senate is a substi- 

 tuie for it. The next amendment, or rajher a 

 part of one long amendment, consists of two 

 IK that merely provide for carrying into 

 tion the prior sections to which I have re- 

 ferred. 



" The only other material amendment made 

 by the Senate gives to the commissioner of the 

 bureau power to take property of the late Con- 

 federate States, held by them or in trust for 

 them, and which is now in charge of the com- 

 missioner of the bureau to take that property 

 and devote it to educational purposes. The 

 amendment further provides that when the bu- 

 reau shall cease to exist, such of the late so- 

 called Confederate States as shall have made 

 provision for education without regard to color 

 should have the balance-of money remaining on 

 hand, the some to bo divided among them in 

 proportion to their population." 



The House subsequently concurred in the re- 

 port. 



On July ICth, the President returned the bill 

 to the House with his objections, as follows: 



To the House of Representatives : 



A careful examination of the bill passed by the two 

 Rouses of Congress entitled " An act to continue in 

 force and to amend an act to establish a Bureau for 

 the relief of Freedmen and Refugees, and for other 

 purposes," has convinced me that the legislation 

 which it proposes would not be consistent with the 

 welfare of the country, and that it falls clearly within 

 the reasons assigned: in my message of the 19th of 

 February last (see PUBLIC DOCUMENTS), returning, 

 without my signature, a similar measure which origi- 

 nated in the Senate. It is not my purpose Jo repeat 

 the objections which I then urged. They are yet 

 fresh in your recollection, and can be readily exam- 

 ined as a part of the records of one branch of the 

 national Legislature. Adhering to the principles set 

 forth in that message, I now reaffirm them, and the 

 line of policy therein indicated. 



The only ground upon which this kind of legisla- 

 tion can be justified is that of the war-making power. 

 The act of which this bill was intended as amendatory 

 was passed during the existence of the war. By its 

 own provisions it is to terminate within one year 

 from the cessation of hostilities and the declaration 

 of peace. It is therefore yet in existence, and it is 

 likely that it will continue in force as long as the 

 frecdmen may require the benefit of its provisions. 

 It will certainly remain in operation as a law until 

 some months subsequent to the meeting of the next 

 session of Congress, when, if experience shall make 

 evident the necessity of additional legislation, the 

 two Houses will have ample time to mature and pass 

 the requisite measures. In the mean time the ques- 

 tions arise, why should this \var measure be contin- 

 ued beyond the period designated in the original 

 act; and why, in time of peace, should military tri- 

 bunals be created to continue until each " .State 



hall bo fully restored in iU constitutional reUtions 

 to the Government, and shall be duly represented in 

 the Congress of the United Btfttof* 1 UWM mani- 



fest, with respect to the act approved March 8, 1 

 that prudence and wisdom alike required that jurs- 

 diction over all cases concerning the free enjoyment 

 of (lie immunities and rights of citizenship, as well 

 as the protection of person and property, should be 

 conferred upon some tribunal in every State or dis- 

 trict where the ordinary course of judicial proceeding 

 v, .. - interrupted by the rebellion, and until the same 

 should be fully restored. At that time, therefore, 

 an urgent necessity existed for the passage of some 

 such law. Now, however, the war MS substantially 

 ceased; the ordinary course of judicial proceedings 

 is no lunger interrupted} the courts, both State and 

 Federal, are in full, complete, and successful opera- 

 tion, and through them every person, regardless of 

 race and color, is entitled to and can be heard. The 

 protection granted to the white citizen is already 

 conferred by law upon the freedman ; strong and . 

 stringent guards, by way of penalties and punish- 

 ments, are thrown around his person and property, 

 and it is believed that ample protection will be 

 afforded him by due process of law, without resort 

 to the dangerous expedient of " military tribunals," 

 now that the war has been brought to a close. 



The necessity no longer existing for such tribu- 

 nals, which had their origin in the war, grave ob- 

 jections to their continuance must present them- 

 selves to the minds of all reflecting and dispqpeionate 

 men. Independently of the danger in representative 

 republics of conferring upon the military in time of 

 peace extraordinary powers so carefully guarded 

 against by the patriots and statesmen of the earlier 

 days of the Republic, so frequently the ruin of gov- 

 ernments 1'onndcd upon the same free principle, and 

 subversive of the rights and liberties of the citizen, 

 the question of practical economy earnestly com- 

 mends itself to the consideration of the law-making 

 power. With an immense debt, already burdening 

 the incomes of the industrial and laboring classes, a 

 due regard for their interests, so inseparably con- 

 nected with the welfare of the country, should 

 prompt us to rigid economy and retrenchment, and 

 influence us to abstain from all legislation that would 

 unnecessarily increase the public indebtedness. 

 Tested by th'is rule of sound political wisdom, I can 

 see no reason for the establishment of the "military 

 jurisdiction" conferred upon the officials of the bu- 

 reau by the fourteenth section of the bill. 



By the laws of the United States, and of the differ- 

 ent States, competent courts, Federal and State, 

 have been established and are now in full practical 

 operation. By means of these civil tribunals, ample 

 redress is afforded for all private wrongs, whether to 

 the person or the property of the citizen, without 

 denial or unnecessary aelay. They are open to all, 

 without regard to color or race. I feel well assured 

 that it will be better to trust the rights, privileges, 

 and immunities of the citizen to tribunals thus estab- 

 lished and presided over by competent and impartial 

 judges, bound by fixed rules of law and evidence. 

 ami \\herc the right of trial by jury is guaranteed and 

 secured, than to the caprice and judgment of an offi- 

 cer of the bureau, who, it is possible, may be entirely 

 ignorant of the principles that underlie the just ad- 

 ministration of the'law. There is danger, too, that 

 conflict of jurisdiction will frequently arise between 

 the civil courts and these military tribunals, each 

 having concurrent jurisdiction over the person and 

 the cause of action the one judicature administered 

 and controlled by civil law, the other b^tlie uiilitarv. 

 How is the conflict to be settled, ami \\ ho is to ileter- 

 mine between the two tribunals when it arises? In 

 my opinion it is wise to guard against such conflict 

 by leaving to the courts and juries the protection of 

 all civil rights and the redress of all civil grievances. 



The fact cannot bo denied that since the actual 

 cessation of hostilities many acts of violence, such 



