Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1866-02-27


one year thereafter, Bureau of refugees, freed
men, and abandoned lands By the terms of
the act it was to continue during the War of
the Rebellion aud one year thereafter. Now,
| sir when did the War of the Rebellion ceasst
| Why, SO far the conflict of arms is concerned,
all admit that the War ceased when the last
Rebel army laid down its arms. That was
sometime in the month of May when the rebel
army in Texas surrendered to the Union forces;
SO that the present bureau must by its own Inn
| itatlOn have expired within one year from the
| time when the ceased. | do not hold that
the consequences of the war | do not
understand that peace is restored with all its
consequences. We have not yet escaped from
! the evils inflicted by the war. Peace and har-
mony Gre not yet restored. But the war of the
rebellion Is over, and this bureau must expire
IN May next according 10 the terms of the act
that was passed on the Sd of March, 1865. aud
according to the views of the Presiden, as ex-
| pressed IN his vetJ message. The President
says it was thought stringent and extensive
enough for the purpose in view in time of war.
Why, sir, what was the condition of the coun-
| try when that act passsd, in Marcel, 1855? AT
! that time most of these States where the freed
men were, were under rebel control, and the
! freedmen Bureau at that time could only take
! jurisdiction of such freedmen and refugees
came within the lines of the army. For exer-
ctsng any jurisdiction throughout most of the
Southern States, it was limited in operations,
and l desire to ask, In all candor and fairness,
if, when the war progressed and the slaves of
! Texas and Mississippi, and Alabama, and Flor
ida, and Georgia, and Virginia and North Caro-
lima were all made free by the constitu tional
amendment-I want to know if it was not
proper that the Freedmen's Bureau should be
| SO framed as to embrace the destitute and sut-
! fering of these States, well the few who
had come within our lines when the bill was
enacted in 1865? ? Was there no occasion to
L
pensive enough for the purpose In time of war,
would 1t follow that 1t Is expensive enough for
! the purpose IN time OF peace, when We have ju
rlsdIcton OF a country very much larger than
we had In time Of war? But sir, the President
says the bill proposes TO establish, by act of
Congress, military jurisdiction over all parts OF
the l nlted States containing refugees and freed
men. Sir, | desire 10 speak res pectfully Of the
Executive but would ike to know where in
that bill, Is any provision that extends military
jurisdiction over all parts of the Uniled States,
containing refugees and freedmen ? Sir, the
bill contains no such clause. 1t Is a misappre-
hension of the bill. What does it say? The
clause OF the bill upon that subject Is this
- The President of the United Stats through
the W ar Department and the Commission, shall
extend military jurisdiction and protection over
ali employees and officers of this Bureau IN the
exercise of the duties imposed authoiiz lied by
this act, or the act to which this Is amenda-
/
body between bill that extends military juris.
dIction the officers and employees OF the
Bureau and bill which should extend military
jurisdiction over all parts OF the United States
conta lnIng refugee. aud freedmen Why, Sir,
this bill makes the Freedmen's Bureau part
OF the W ar Department. lt makes Its officers
and agents amenable TO the rules and articles of
war Does that extend military jurisdiction
over the whole country? How do they differ
! from any oiher portion OF the army OF the nj
ted States. The army of the United States Is
governed by rules and articles wherever ii may
/ be, whether in Indiana Florida and all
! operations IN it Ire portion OF the military
Enlistment, and are subject to the rules and
ticles of But did any boty ever suppose that
| the " hole country where they under
military jurisdiction, If a company of soldiers
are stationed at one of the forts in New York
| harbor, and the officers and soldiers subject
| to military jurisdiction, WAS it ever supposed
that the people OF New York were therefore
under military jurisdiction? 1t is an entire mis-
| apprehension OF the provisions of the bill. 1t
extends military jurisdiction now here 1t merely
places under military jurisdiction those persons
belonging TO the Freelmens Bureau who, near
! y all Of them, now un1er military juris-
! dIetion The Commissioner at the head OF that
Bureau is othcer of the army, and under
military Jurisdiction and, L believe every
Assistant Commissioner Is officer OF the army
under military jurisdiction. But the bill does
authorize the President, if be thinks proper. in
stead OF detailing military officers to appoint
civilians and IN case he does appoint civilians
| they to be subject to military jurisdiction
and entitled to military protection in the per-
| tOrmance of the duties imposed by this act.
The next OBJ ection OF the p residents which Mr..
Trumbull noticed that the country is to be
divided into districts and sub-dlsiricte, and the
number of .alaried agents to be employed may
be equal to the number of counties and parishes
| N a the where refupefs and freedmen
are TO be found lie denied that II was neces-
sary to appoint any such number, Eotwith-
standing it provided IN the bill that they
might be appointed. To appoint such num-
Der be said would be abuse of power in
trusted in the President. Mr.. Trumbull con-
| tinued, In reply to the objection that this bill
establishes military jurisdiction in civil cases,
and denying that it created any military juris-
diction whatever, not now existing. The off,
GERS of the Bureau were officers of the Army of
the United States, who are now holding military
commissions by authority of the President all
over the South. But short time since, In
Georgia, two citizens were arraigned for crime,
| not before civil court by process OF civil law,
but before military commission, and he
| thanked God that these ulprlts, being found
guilty, were sentel ced to death, and hanged by
direct approval and authority of the President
himself Eas it then unconstitu tional to do,
by virtue of a law of Congress, what is being
done every day without one? He referred to
the order issued by authority of Gen. Grant,
January II, 1866, to protect persons against
civil suits for actions done in pursuance of mil
itary authority and colored persons for offenses
not punished in the of white persons in
the same manner or degree. He alluded also to
the order issued by the Lieut. General directing
copies of newspapers in rebelious States con-
tanning expressions of disoyalty, to be sent to
his headquarters, and declaring the persistent
publication of such articles could not be toll
Grated. By what authority, he would ask, in
this time of peace, could we confer this authority
on branch of the army and deny it to
another? Ii the rebellion at end, by what
authority does the President suspend the writ Of
habeas corpus? If the President could not
reconcile those unusual acts to the words of
the Constitution, why did he exercise it Would
it detract from its authority to give it the sane
tion of law?
He reviewed the objection that the act would
establish permanent rank of public admins
tration having greatly enlarged powers. He
denied that its establishment was permanent in
that its powers were greatly enlarged In fact