A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
the consideration of the lawmaking power. With an immense debt already
burdening the incomes of the industrial and laboring classes, a due
regard for their interests, so inseparably connected 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 this rule of sound political
wisdom, I can see no reason for the establishment of the "military
jurisdiction" conferred upon the officials of the Bureau by the
fourteenth section of the bill.
By the laws of the United States and of the different 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 delay. 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 established, and presided over by competent and
impartial judges, bound by fixed rules of law and evidence, and where
the right of trial by jury is guaranteed and secured, than to the
caprice or judgment of an officer of the Bureau, who it is possible
may be entirely ignorant of the principles that underlie the just
administration 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 by the military. How is the conflict to be
settled, and who is to determine 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 can not be denied that since the actual cessation of
hostilities many acts of violence, such, perhaps, as had never been
witnessed in their previous history, have occurred in the States
involved in the recent rebellion. I believe, however, that public
sentiment will sustain me in the assertion that such deeds of wrong are
not confined to any particular State or section, but are manifested over
the entire country, demonstrating that the cause that produced them
does not depend upon any particular locality, but is the result of
the agitation and derangement incident to a long and bloody civil war.
While the prevalence of such disorders must be greatly deplored, their
occasional and temporary occurrence would seem to furnish no necessity
for the extension of the Bureau beyond the period fixed in the original
act.
Public-domain text, read in full here on John Shaqi.
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