Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-07-18

buTdening the incomes Of the industrial anC
tailoring elasses. A due regard for their IN
terests, 50 inseparably connected with thu
welfare Of the country, should dispose Us t
regard economy and influence Us 60 abstain
from all legislation that would Unnecessarily
increase the public Indebtedness.
Tested by the rule Of sound political wis
dom, / can see NO reason for the establish
ment Of military jurisdiction confirmed
upon the officials of the Bureau by the l4th
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 practi-
cal operation.
BY means Of these civil tribunals ample
redress is afforded for all the private wrongs
Of the citizens, without denial or unnecessa.
~ delay, and are open TO all without regard
to color or race.
feel well assured that it would be better
to trust the rights, privileges and immuni-
ties Of citizens 60 the tribunals thus estab-
iished and presided over by competent and
impartial judges, bound By fixed rules OF
law, and where the right Of trial by jury is
guaranteed and secured, than TO the capri
ciOus judgment Of an officer of the Bureau,
who, il is possible, may be entirely ignorant
Of the principles that underlie the Just adj
ministration of the law.
There is danger, too, that conflict Of ju-
risdictiOn will frequently arise between the
civil courts and these military tribunals,
each having concurrent jurisdiction over the
person and cause of action-the one iurisdic-
ton administered and controlled BY the civil
law, and the other by the military How is
this conflict TO be settled? and who is to de-
termine between the tribunals when il arises ?
In my opinion it is wise to guard against
such conflicts by leaning to the courts and
juries the profession of all civil rights aud
the redression Of ali civil grievances. The
tact cannot 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.
/ believe, however, that public sentiment
will sustain me in the assertion that such
deeds of wrong are not confined to any par
ticular State or section, but are manifested
over the entire country, demonstrating that
the cause that produced them does not de-
pend upon any particular locality, but is the
result of the agitation and arrangement in
cident to long and bloody war While the
prevalence of such disorders must be greatly
deplored, their occasional and temporary re-
currence would seem TO furnish no necessity
for the extension of the Bureau beyond the
period fixed by the original act.
Besides the objections have thus briefly
stated, l may urge upon your consideration
the additional reason that present develop
ments in regard 10 the practical assistance of
the Bureau in many of the States show that
in numerous instances it is used by its agents
as a means of promoting their own indi-
vidual advantage, ard that the freedmen are
employees for the advancement of the per-
sonal ends of the officers instead of their
own improvement and welfare; thus con-
frming the fears originally entertained by
many that the continuance Of such a course
for any unnecessary length of time would
result in fraud corruption and oppression
1t is proper to state that, in cases of this
character, investigations have been prompt
ly ordered and the offender punished when
ever his guilt has been satisfactorily estab-
lished.
As another reason against the necessity of
the legislation contemplated by this meas
ure, reference may be had to the civil rights
bill, now law OF the land, and which will
be faithfully executed, and if not declared
unconstitutional by the courts of competent
jurisdiction.
By that act it is provided that all persons
born in the United States and not subject to
any foreign power, excluding Indians, not
taxed, are hereby declared to be citizens of
the United States, and such citizen, of every
race and color, without regard to any pre-
viOus condition of slavery or involuntary
servitude, except rs a punishment for crimes
whereof the party shall have been duly con
victed, shall have the same rights in every
State and Territory within the United States
to make and enforce contracts, to sue, be
parties and give evidence, to inherit, pur-
chase, lease, sell, hold and convey real and
personal property, and to the full and equal
benefit of all claims and proceedings for the
security of persons and property as is en-
joyed by white citizens, and shall be subject
to like punishment and penalties, and 10
none other any law statute, ordinance regu-
lations or customs to the contrary nOtwith-
standing.
By the provisions of the act full protection
is offered in these District Courts Of the
United States to all persons injured, and
whose privileges thus declared are in any
way impaired, and heavy penalties are i'm
posed upon the person who wilfully violates
the law.
! need not say that that law did not re-
ceive my approval; yet its remedies are far
more preferable than those proposed in the
present, the enc being civil and the other
military.
BY the sections of the bill herewith re-
turned, certain privileges by which the lands
in the parishes Of st. Helena and st. Luke's
were sold and bid in and afterwards disposed
of by the Tax Commissioners and confirmed
and ratified. By the 9TH, 9th, 10th and 18th
sections provisions are made by law for the
disposal of the lands thus acquired to par
ticular class of citizens.
While the granting Of titles is deemed
very important and desirable, the discrimi-
nation made in the bill seems Objectionable,
as does also the attempt to confer on the
Commissioners judicial powers, by which
citisens of the United States are to be de-
prived OF their property in a mode contrary
TO that provision 81 the Constitution which
declares that no person shall be deprived Of
life, liberty, or property without due process
of law
As a general principle, such legislation is
unsafe, unwise, partial and unconstitutional.
1t may deprive persons Of their property
who are equally deserving objects of the ma
tons bounty as those whom, by this legisla-
ton, Congress seems to benefit.
The title of land thus to be portioned out
to favored class of citizens, must depend
upon the regulating of tax sales under the
law as it existed at the time of sale, and no
subsequent Legislation can give validity to
right thus acquired against original claim
ants.
The attention Of Congress is therefore in
vited 70 a more mature consideration of the
proposed in this section Of the bill.
In conclusion again urge upon Congress
the danger of class legislation, so well cal
culated to keep the public mind in a state Of
expectation, disgust and restless
ness, and encourage the interested to hope
and fear that the National Government will
continue to furnish 70 classes Of citizens in
the several States support and maintenance
regardless as to whether they pursue life
of Incidence or labor, and regardless also Of
the constitutional limitations Of the Nation
al authority in times Of peace, and conse- |
quently the bill is hereby returned TO the
House Of Representatives, in which it origi- |
mated, for its final action.
ANDREW JOHNSON.
BoUNTIEs To New ENGLAND AND PENS-