Evansville daily journal. (Evansville, Ind.) 1863-1866, 1866-03-03

impaneled jury to ascertain whether
be eoald take possession of these hban-
doned 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 prop
erty contrary to the Constitution Of the
United Statesi Il has been pracsised
all through the war, and is necessity
of war. ------ -
Now, sir, I insist that these persons
went rightfully upon these abandoned
lands; and being there, they are entitled
to protection for reasonable time The
military authority is not yet Withdrawn
from Georgia. They are rightfully there
now. The faith of this nation through
its commanding General in that depart
ment and the appreciation of the late
President of the: United States, is COM
mitted to these people who went upon
these lands, set up their little homes, put
in crop, and supported themselves and
4 relieved the Treasury The faith of the
nation ia. 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 equity and justice
1 they are entitled to be protected even
beyond that time, on the familiar prin'
| ciple that where person enters upon an
estate rightfully, as these people DID, and
4 is TO hold it for an uncertain period, de-
pending, If you please, upon the life OF
another, he cannot be turned of the mo-
ment that the other dies; but heis en-
titled to hold the possession until he
| shall have had reasonable time to
| gather his crops and remove the improve
ments which he may have put upon the
| place. Whether the time fixed BY this
bill is.a reasonable time or not, shsH
not undertake to argue; it may depend
upon circumstances. The former owners
of these lands may make arrangements
with the occupants to leave at any ume,
and the Commissioners of the Freedmen
Bureau is authorized to proVide for tnem
home elsewhere. This provision OF the
bill is pronounced unconstitutlonal, and
as taking away land without Que process
of law. The land was taken BY military
authority, in the midst Of war, and Of
course, without process IL any court
rightly SO. as
But. SAYS the President: W.
"Undonbtedly the freedmen should be
protected, by the civil authorities,
especially by the exercise of all the con-
| stitutional powers of the courts of the
| United States and of the States"
Let us see how they are protected by
the civil authority. But before reading
| from the docp saents which l shall pre-
sent on that point, let me read little
further from the message. The Presi-
dent says, speaking of the freedmen:
He also possesses perfect right to
change his place of abode, and if, there
fore, he does not find in one community
or State a mode of lifelsnitable to his de-
sires, or proper remuneration for his
labor, he can move to another where
that labor is more esteemed and better
rewarded" a r n s
Now, let US see how he will remove.
/ have in my hand communication
from Houston, Texas, dated December
Is, 1855, from Colonel d, Gress, address
ed to Major General Howard, of the
Freedmen's Bureau, which ] win read:
" HoUsroS, TEXAS, Dec. Is, 1885.
| "SIR--Ihave the honor to respectfully
report 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 with
out pass, he ia taken up and whipped. :
That is the liberty be has to 90 from
| one place to another; that is the civil
| protectton that ne mas.
That freedman is not allowed to
hire ont without written permission of
bis former master; at least planters
have held meetings and have agreed not
| to hire freed people without such per-
mission. These facts are known to me
| from personal observation, and written
statements of reliable men,"
- Here is q letter from Lieutenant
EStewart Eldridge to Major General
Howard, dated Vickshutg, Mississippi,
November %, 1865. fsa
have hehonor to inelose herewith
for your consideration the freedmen's
bill, which has just become law in this.
State, and would respectfully ask your
attention to the following points therein ::
hos" Section first prohibits the holding,
4 leasing, or renting of real eststeto freed
1 men. Ff sree
The President says these people are to
be protected by the courts and by the
civil authority This is the protection
they get in Mississippi. They are pre-
vented from holding, leasing, or renting
real estate. ~
Section third compels a freedman to
marry whomsoever he may now be Iiv-
ing with, and to support the issue Of
what was, in many cases, compulsory
| cohabitation. fas4s asl
"Section fourth excludes freedmen
from testifying in cases all white.
"Section five authorizes Mayors and
Boards of Police, by their sole edict, to
prevent any freedmen from doing any in
dependent business, and to compel them
to labor as employees, with no appeal
from such decision.
"Section seven gives the power to any
white citizen over the person of freed
man, unknown to any other law, and
denies the right of appeal beyond the
county court."
A telegram from Col. Samuel Thomas,
Assistant Commissioners, dated jackson,
Miss, and addressed to Maj. Gen. O. 0.
Howard, as follows: ay TFt
"The Freedmen's Bill has become q
law. 1t does not allow freedmen to own
or lease estate. Thousands of acre shave
been rented from owners of land by
freedmen, who expected that they would
be allowed to cultivate land in this way.
They are mortified that they must give
up their leaset by citizens. What course
must pursueT
To which the Commissioner replied as
follows:
"While the Bureau remains in Mis-
sissippi, you viii continue to protect
freedmen in the right to lease land. The
act of the Legislature referred to in your
Telegram Of the 9th ia not recognized
here" r-t s,r
Here il another letter from Colonel
Thomas, dated Vicksburg, Miss, De-
eewber Is, and addressed to General
Howard. y
1.-THE organization Of the militia has
about the effect upon the country that
predicted last September. Nearly all
the dissatisfaction that now exists
among the freedmen is caused by the
abusive conduct of this militia "a 1t has
assisted to paralyze labor and add to the
combination of difficulties under which
the State has labored. 1 do not know