The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-04-17

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cannot be enforced BY the Court or authori-
ty rendering it.
Suppose the estate Of the complainant's
testator is insolvent, as alleged in the bill,
and the creditors have TO be paid, pro rata,
out Of the estate. This party, like all other
creditors Of the estate, must present his
claim, and have it allowed and reported
upon, TO the Court having the jurisdiction
to settle the estate, and by its decree, have
allowed to him his rateable share Of the
funds to be administered.
This Court does not say that The judgment
rendered by the Bureau is to be cOaciusiUc
to such a Court; but that is his remedy,
and he must stand on the same footing with
other creditors of the estate, for 4here is no
moro right in a freedman TO have his claim
against the estate paid than in any other
person; all must stand on an equal footing
before the Law.
But the act establishing q Bureau pro-
yides, in the first section, that there shall
be committed to it "as hereinafter grOUided,
the supervision and management Of all
abandoned lands, and the control Of all sub
jects relating 10 refugees and freedmen"
ETC., and then, in section second, goes on TO
define the character Of the duties to be per-
formed, in the following words, viz:
"The Secretary of War may direct such
issues of provisions, clothing, and fuel, as
he may deem needful for the immediate
and temporary shelter and supply of desti-
tute and suffering refugees and freedmen,
and their wives and children, under such
rules and regulations as he may direct"
One of the duties Of these offcsrs, then, is
TO see that the refugees and freedmen shall
be cared for, and provided with provisions,
clothing, fuel and temporary shelter. And
in the fourth section of the act, it is provi-
ded that "tha Commissioner, under the di-
reeti0n Of the President, shall haYe authori-
ty 10 set apart, for the use Of loyal refugees
and freedmen, such tracts Of land, within
the insurrectiOnary States as shall have
been abandon, or 10 which the United States
shall have acquired title by cOnfscation, or
sale, or otherwise"
These are the duties which the officers
and agents Of the Bureau are to discharge,
under the lao. They were to take charge
Of abandoned lands, and give the same 70
freedmen, and protect them in the posses
sion and enjoyment Of the same.
Is there anything in this that would au-
thorize any agent Of the Bureau, as Court,
to take jurisdiction of such case as this,
and pronounce a judgment on a contract
arising long before the act was passed,
which created the Bureau, and perhaps for
services rendered while the freedmen was
yet slave, in the lawful service Of his
owner2 or, that would authorize such
agents by military force TO seize and appro-
pirate the property Of a citizen, and thus
enforce judgment thus obtained
The Bureau Court was established as a
part Of the operative machinery of the
army, and for Ihe purpose Of protecting
freedmen, aud, as such, the officers and
agents might have employed such powers
as were necessary to effect the ends intend
ed; but the moment the war ceases, these
powers are at an end.
Circular No. 5, from the Chief Of the Blu
resu, provides as follows:
"VII. In all places where there is an in
terruption Of civil law, or in which local
Courts, by reason Of old codes, in violation
of the freedom guaranteed by the Proclama-
tiOn Of the President, and laws Of Congress,
the negrO's right 10 Justice, before
the laws, is not allowing him TO give testi-
mony the control of all subjects relating TO
refugees and freedmen, being committed TO
this Bureau, the Assistant Commissioners
will adjudicate, either themselves, or
through officers Of their appointment, all
difficulties arising between negroes them |
selves, or between negroes and whites, or
Indians, exospt those in military service,
SO far as recognizable by military authority,
and not taken cognizance of by the other
tribunals, civil or military Of the United
States"
This is the article establishing the Judi
cial power of the officers, and limits it to
cases where freedman is net allowed TO
testify in the Courts but the Assistant
Commissioner for Tennessee says "Until |
the enactment Of laws giving freedmen a
right 10 sue and give testimony, you shall |
hold these Courts" That would sanction |
the exercise Of judicial powers only So long
as freedmen we're not allowed 90 sue and |
give testimony, and as soon as such laws |
were made these powers would be Invested. |
By the Constitution Of the State Of Tonnes
see and of the United States, as amended, |
those formerly held as slaves ale free and |
the Legislature Of this State, at its present |
session, passed law. allowing all free col |
ored persons 10 testify in the Courts of JUS
tice and if that law is in operation, the
question is decided, and the powers of the /
bureau Courts, by the terms Of Circular No.
5, which gaVe them existence, are termi- /
mated. Butt law does not designate the |
time when il is TO take effect, and therefore
it cannot take effect until forty days after
the close Of the session.
Butupon the views hereinbefore stated,
that can not affect tho question arising in
this case, as the President has declared the
war at an end. My principal trouble in
deciding this case is in the bill itself,
whether it states case which should call
into action the ,injunctive powers of this
Court 10 restrain the defendant from seizng
the property Of the estate OF the complain
ants testator, and ,apprOpriatipg it to the
satisfaction Of the supposed judgment rem
dered by the Bureau Court.
Upon a close examination of the bill, and
with an inclination to interpOse and pre-
vent what would seem, from the statements
Of the bill, to be a great hardship, the Court
has not been able 10 arrive at the conclusion
that this is a case which demands the in
terposition of its injunctive powers.
In the judgment of the Court, the bill
presents case in which it is asked that
this Court, as Court of Equity, shall inter
pose its authority to eDjoin the defendant
from the commissioned q trespass upon the
personal property of the comPlainant's tes-
tatOr.
The Court Is not aware Of any authority
70 sustain such an application, and must
therefore leave the parties TO this suit, to
their appropriate remedies at law, in case
the property Of the estate shall be seized
for the purpose stated in the bill,
The motion ofthe complainant for On in
juction in this case is therefore Overruled.