Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1865-12-27

Treasury Agents, and as the result of this
order, the bureau came into possession, not
only of abandoned lands, but of all abandon
ed real property, except such as was held by
military authority, for strictly military pur-
poses.
2. Nature of the Control of the Bureau
over Abandoned Property.
With respect to abandoned lands, it was
the evident intention of the act of March Sd,
to give the bureau control, solely for the pur-
pose of assigning, leasing or selling them to
refugees and freedmen. 1t was impractica-
BILE, however, to divide and assign them i'm
mediately. A great proportion of the lands
was already ur der lease, given by the Treas
ury Agents, and good policy, as well as the
necessities of the bureau, for which no APP
preparation had been made, demanded that
all should be made immediately useful, and
that none should remain untitled and I'M
productive. In addition to the leases made
by the Treasury officials, others were made
by the bureau, which did not con6ne itself,
III Its choice of tenants, to the classes for
whose relief the bureau was organized. With
respect to the abandoned houses and tene-
ments, turned over by the Treasury Depart
ment, the bureau had no choice, except to
follow the course which the law had marked
out for that department, namely: To take
charge of, and lease such property for peri
DDS not exceeding twelve months. In de-
termining its power over abandoned proper
ty, the bureau has considered, therefore, not
only the provisions of the act of March Sd,
which gave it existence, but of such other
acts as have given agents Of the Treasury,
and other departments, who have transferred
property, control over it. These acts are
regarded as giving the bureau every right to
abandoned property which an actual owner
could have, except, perhaps, the right of
sale. 1t cannot convey full and perfect
title, in fee simple. But its right, in every
way, to control the property, to lease it, and
to take the rents and profits, is considered
undeniable, so long as these acts remain law
For all practical purposes, the tenure of the
bureau upon abandoned property has been
considered as almost identical with an es-
tate upon condition subsequent, that condi-
ton being the restoration of the property, by
, competent authorities to its former owner.
The leases of town property have, as a
rule, been made from month to month. The
rents exacted have been moderate, and based
generally upon those demanded by reagents
| of the Treasury Department. Farms and
plantations are let by the year for portion
of the crop, varying from one-tenth to one
| twentieth.
From one to ten thousand acres in each Of
/ the sew ral States have been used as colonies
| for vagrant and destitute freedmen. In
South Carolina, Georgia, and Florida, some
| land, the exact amount of which has not
| been reported, has been actually divided and
assigned to freedmen, as contemplated in the
act establishing the bureau. In these States
/ the policy of setting lands apart for freed,
men was initiated anterior to the establish
ment of the bureau, and under Field Order
+. No. Is, issued by Major-Genera Sherman
A comparatively Insignificant amount Of
town property is used as quarters for teach
ers and officers connected with the bureau
and as hospitals. With these exceptions, al
property in the hands of the bureau is held
as a means of revenue.
| 3. Restoration of Property.
Shortly after the organization of the bu'
reau, parties whose property was held by it
commenced to apply for restoration of theil
former rights. The policy first adopted by
the bureau was to return estates to those only
who could show constant loyalty, past a:
well as present. loyalty which could moi
be established by the mere production of ar
oath of allegiance or amnesty. AS the bu
reau held property by the authority of al
act of Congress, for certain definite purposes
it was supposed that this tenure must con
tinue to exist until those purposes were &C
complished, that property must be surren
dered only when it was evident the cOntro
over it was unauthorized and improper.
This course did not meet with the appro
val of the President, who gave orders that ,
pardon, either by special warrant or thu
provisions of his amnesty proclamation, en-
titled the party pardoned TO demand anC
receive immediate restoration of all hi
property, except such as had been actually
sold under a decree of confscation. Shortly
after this decision was made known, Circu
lar No. 15 dated Sept. u, 1865, was issueC
from the bureau, and embodying the provis
ions of the act of Congress, establishing il
promulgated fol the first time definite rule
regarding the restoration of this property Il
former owners.
Authority to restore was vested in the As
sistant Commissioners Of the bureau. The,
were directed to turn over, at once all pro
perty held as abandoned, upon its appearing
to their satisfaction, that it did not fall with
in the terms of the definition laid down il
the act approved July 2, 1864. They wer
also directed to restore property, when ap
plication was made for it, through the Su
perintendents of the districts in which
was situated, accompanied by proof of claim
ants title, and of his pardon, either by spe
cial warrant or the terms of the proclama
ton of amnesty of May 90, 1866. Il wa
provided, however, that land cultivated b
refugees or freedmen should be retained anti
the growing crops were gathered, unless tn
owner made full compensation for the labo
expended and its products.
Under the provisions of this circular, til
work of restoration has progressed very "a
pidly, and it is probable that when the yea
terminates, little or no property will renal
under the control of the bureau. In the Cit
of New Orleans, property to the value
100000 had been restored at the close {
September. In North Carolina about one
third of all in possession had been given VI
4. Leases and Rents of Property Returned
In all cases of restoration, 1t has been I'll
plan of the bureau to protect IN their po
session lessees of properly, who held least
, from any authorized officer of the govern
ment These leases were made and accepte'
| in good faith, by both parties. Congress al
thorized the agents of the governmenttogiS
them, and its faith is pledged to the
: | validity. 1t seems to be the clear duty
| every officer, acting under thai authority,
maintain and make efficient his acts done !
: | compliance with it. If the restoration
/ | property is to annul the leases upon 1t, til;
restoration should be delayed until ii
leases expire. It has been an invaria5
| condition, in all orders of restoration, issue
; by this bureau, that all such contracts sha
be respected.
As a rule, in cases of restoration on Il
e | ground of pardon, rents subsequent to Il
e pardon are allowed to the claimant of pr
perty restored, when property is restore
upon proof that it was not legally abandon
o ed, full restitution of rent is made, so !;
as practicable.
5. Result of the Plan of Restoration.
, The uncertainty Of the tenure OF Il
bureau over property, which is the in
f mediate result Of the policy Of restOratiC
: J adopted, has rendered the division and a
: signment Of land to refugees and freedm'
impracticable. Fortunately, experien
seems to have shown that it is not a necessit
= Difficulty has arisen from disappointing t.
natural and well-founded expectations
I freedmen in this subject; but it has be-
r overcome with comparative ease. MuC
I embarrassment, and, in some instance
& actual suffering has resulted from the r
: storation of property in use as oihces, coloni
of freedmen, and hospitals, and much mo
\ will result from the curtailment of the r
Al