The Portland daily press., 1866-03-12

of lands occupied under General Sherman's
field order shall make application for restora-
ton 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 10y 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 purpose
in section four of this act, forty acres each
upon the same terms and conditions"
Now, it will be seen that this fifth section
so far from taking land from anybody, provides
simply for protecting the occupants Of the land
for three years from the 18th of January, 1865
little less than two years from this time. Ii
the section does anything, it simply prevents
the restoration of this property to its former
owners within that period, except upon terms
to be entered into, satisfactory to the commits
sioner, between the occupant and the former
owner. This is all there is OF it. 1t is very
different thing from taking land away from its
former owners. The President says that it is
unconstitutional to take land from person,
except by due process of law, and that this
section violates that provision of the Consti-
tuition which declares that no person shall be
deprived of life, liberty or property without
the process of law
! Now, what are the facts about these lands
Gen. Sherman was marching with Union ar
my through the State of Georgia, from Allan
ia to the sea-coast. When he arrived at Sa-
vannah there was following his army a large
number or persons whom he had been feeding
by the way, who were dependent upon him
for subsistence, and he found large tract of
country entirely abandoned and waste. He
issued an order authorizing and directing
these followers of his army, the negroes, to
settle upon these abandoned lands, and guar
anteeing to them military protection. The
possession which they took was to be tempo
rary. 1t is so stated in the order, in which he
( says:
In order to carry out this system of settle
ment, general officer will be detailed as in
spector of settlements and plantations, whose
duty it shall be to visit the settlements, to
ulate their police and general management,
and who will furnish personally to each head
OF family, subject to the approval of the
President of the United States, a possessory
title in writing, giving as near as possible the
description OF boundaries; and who shall adj
| just all claims or conflicts that may arise un-
der the same, subject to the like approval,
treating such titles altogether as possessory."
Under those orders some forty or fifty thou
sand persons settled upon these abandoned
lands. with the sanction Of the President, more
than year ago; and notwithstanding the
quotation contained in the veto message. Of the
clause of the Constitution declaring that no
| person shall be deprived of life, liberty or
property, except by due process of law, in
slst that major general, under the circun-
| stances, had perfect right to take possession
| OF these lands, and place these persons upon
them. 1t was a right Of war.
go further, and care not whether a house
in Savannah was occupied or vacant, nor
whether it belonged to a loyal or disloyal man.
| it was entirely competent for the commander
OF your army who entered Savannah, whence
the rebel army fled on his approach, to take
possession of any property belonging to loyal
or disloyal men that in his judgment the ext
gencies of his condition required. These per-
sons, therefore, were rightfully placed upon
| this land. If General Sherman had called a
| court and empannelled jury to ascertain
whether he could take possession of these
abandoned lands and put the followers of his
| camp upon them, he would have been laughed
at by the civilized world. And yet we are told
that this is taking property contrary to the
Constitution of the United States! 1t has been
practiced all through the war, and it is ne
cessity of the war.
| Now, sir, insist that these persons went
rightfully upon these abandoned lands; and
being there they are entitled to protection for
a reasonable time. The military authority is
not yet Withdrawn from Georgia. They are
rightfully there now. The faith of this ma
ton, through It's commanding general in that
department, and the appreciation of the late
President of the United States, is committed
to these people who went upon these lands,
set up their little homes, put in a crop, and
supported themselves and relieved the Treasu-
ry. The faith of the nation is pledged to them
in writing to protect them in this possession
so long as the military jurisdiction continued
there; and that is not yet ended; and upon
every principle of equality and justice they are
entitled to be protected even beyond that time
on the familiar principle that where person
enters upon an estate rishtfully, as these peo-
pie did, and is to hold it for an uncertain peri
cd, depending, if you please, upon the life of
another, he cannot be turned off the moment
that the other dies; but be is entitled to hold
the possession until he shall have had rea-
sonabe time to gather his crops and remove
the Improvements which he may have put up
ON the place. Whether the time fixed by this
bill is a reasonable time or not, shall not un-
dertake to argue; it may depend upon circum-
stances. The former owners of the lands may
make arrangements with the occupants to
leave at any time, and the Commissioner of
the Freedmen's Bureau is authorized to pro-
vide for them home elsewhere. The pro-
vision of the bill is pronounced as unconstitu-
tional, and as taking away land without due
process of law. The land Was taken by mill
| tary authority, in the midst of war, and, of
course, without process of any court rightly
| SO.
But, says the President:
Undoubtedly the freedmen should be pro-
tected, by the civil authorities, especially by
the exercise Of all the constitutional powers
of the courts of the United States and of the
States" s9l4..-.-
Let us see how he is protected by the civil
| authority. But before reading from the docu-
ments which l shall present ON that point,
let me read little further from the message.
| The President says, speaking of the freedman:
He also possesses perfect right to change
his place of abode; and it, therefore, he does
not find in one community or State mode of
life suited to his desires, or proper remunera-
| ton for his labor, he can move to another,
| where that labor is more esteemed and better
rewarded" .-
=, Now, let us see how he will remove. 1 have
| in my hand communication from Houston,
| Texas, dated December 10, 1865, from Colonel
De CHESS, addressed to Major General How
ard, OF the freedmen's bureau, which 1 will
| read: .l-l..-..e. I'D. .-. -.. 5..-
| HOUSTON, Texas, Dec Is, 1865.
- SRI have the honor to respectfully re-
| port that in some portions of this State the
negroes are not yet free; that the pass system
is still in force, and when freedman is found
at large without pass, he is taken up and
whipped" ii.-1 ~
2 That is the liberty he has to go from one
| place to another; that is the civil protection
| that he has. ....... -- !.
"That freedman is not allowed to hire out
without written permission from his former
master; at least planters have held meetings
| and have agreed not to hire freed people with
out such permission. These facts are known
to me from personal observation, and written
statements of reliable men,"
! Here is a letter from Lieutenant Stuart FL
bridge to Major General Howard, dated Vicks-
burg, Miss, Nov. rs, 1865: ..-r~
II have the honor to enclose herewith for
| your consideration the freedmen's bill, which
| has just become law in this State, and would
| respectfully ask your attention to the follow