Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1866-07-17
.YOIii...ssXX: e mo. l66.

i ernment and shall Be daily rspresente,
ID the Congress ofthe United States It wa
manifest with respect to the act approved
March 3d.. 1865, that prudence and wisdom
alike required, that Jurisdiction over Ell
cases concerning the free eDjoymentlof tn
immunities and rights. Of citizenship a
well as the protection Of person and prop
erty, should be conferred upon some tribu-
mai in every State or District where ths
ordinary course Of judicial proceedings ID
no longer Interrupted. The Courts, both
State aud Federal, are in complete opera
tions, and through them every person, re-
gardless ofrace and color, is entitled to b
heard. The rights granted to the white cit
4 izen, as already confirmed by laws upon the
/ freedmen, strong and stringent guards
/ by way Of penalties and Disbursements are
thrown around his person and property
and il is believed that ample projection
viii be afforded him by due. process Of Law
without resortiHg 10 the dangerous expert
meat Of military tribunals. sif Is -
Now that the war has been brought to q
for such tribunals, which had their origin
| in the war. Grave objections 10 their cen
tinuance must present themselves to all
rejecting and dispassionate minds, inde
pendent Of the danger in representative
republics Of eonferring upon the military
in itime of peace extraordinary powers,
50 carefully guarded against BY the patriots
and statesmen of the earlier days Of the
Republic. so frequently the ruin Of govern
ments formed upon The same principles,
and sqbVersiye Of the rights and liberties
of the citizen.
The question Of practical economy ear
nestIy commsnds TO the consideration Of the
law making power With an immense debt
already burdening the incomes Of the indus
trial and laboring classes, due regard for
their interests, 80 inseperably connected
with the welfare Of the country should
prompt US to rigid economy and retrench-
ment and influence as TO abstain
from all, legislation that would unneees-
sarily increase the public Indebtedness.
Tested; by the rule Of fsound political wisdom
can see no reason for the establishment of
the military jurisdiction conferred upon the
officials Of ihe Bureau By the I4th section
of the bill. By the laws of the United
States and Of the different States, competent
courts, Federal and State, have been estab-
lished and are now in full prActisal opera
ton. By means of these civil tribunals am
pie redress is afforded for all private wrongs
whether to the person or the property of the
citizen, without denial or necessary. delay.
They are open 10 all without regard to color
Il
better to trust the rights, privileges and i'm
munities ofthe citizen to the tribunals thus
established and presided over by competent
and impartial Judges, bound by fixed rules
Of the law aud evidence, and where the
the trial by jury is guaranteed and secured,
than to the caprice or judgment Of an officer
Of the Bureau, who It is possible may be
entirely ignorant Of the principles that un-
derlie a just administration Of the law,
There is danger, too, that CONFLICT Of jGris-
diction will frequently arise etWsea the
civil courts and these military tribunals,
each having concurrent Jurisdiction over the
person, and the course Of action The one
jurisdiction administered and controlled by
civil law; the other by military. How is
the conflict TO be settled, and who is to de-
termine between the two tribunals when it
arises? In my opinion it is wise to guard
sgsinst such conflicts by leaving 20 the
courts and inries the protection Of all civil
rights and 70 redress all civil wrongs. yeE
The fact can't be denied that 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.
1 believe, however, that public sentiment
will sustain me in the assertion that such
deeds of wrong are not confined to any par
ticular State on 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 ofthe agitation and arrangement
incident to along and bloody war while
the prevalence Of such disorders must be
greatly deplored their occasional and
temporary recurrence would seem 10 furn-
ish no necessity for,extsnsion of the Bureau
beyond that period fixed in the original act.
Besides the objections have thus briefly
stated, may urge upon your consideration
the additional reasons that recent develop
ments in regard to the practical operation
of the Bureau in some Of the States show in
numerous instances that il is used by its
agents as a means of promoting their indi-
vidual advantage, and that the freedmen
are employed for the advancement Of the
personal ends Of the officers instead of their
own improvement and welfare, thus con-
firming the fears originally entertained by
many that the continuation Of the Bureau
for any unnecessary length of time would
inevitably result in fraud, corruption and
oppression. 1t is proper to state that in
oases Of this character Investigations have
been. promptly ordered and the offender
punished whenever his guilt has been sat
isfsctorily established.
As another reason against the necessity
of the legislation contemplated by this
measure, reference may be had to the Civil
Rights Bill, now q law Of the land, and
which will be faithfully executed 80 long IS
it shall remain. unrepealed, and not be de.
clAred unconstitutional by courts of com
petent Jurisdiction. By that act it is de-
cIared that all persons born in the United
States, and not subject TO any foreign pow
er, excluding Indians not taxed, are hereby
-. 4 4. IA r.f H. Tnsf foI kak
and such citizens, of every race and color,
without regard 10 any previous condition of
slavery or involuntary servitude, except as
a punishment for crime whereof the party
shall have been duly convicted, shall have
the same rights in every State and Terri
tory in the United States, TO make and en-
force contracts, TO sue, and TO- give evi-
dence, to inherit, purchase, lease, sell or con-
veY real and personal property, and TO the
full benefits of all laws and proceedings for
the security of person aud property as is
enjoyed by white citizens, and shall be sub
iect 10 like punishmenis and penalties, and
to none other, any law, statute, ordinance,
regulation or custom to the contrary not
withstanding. By the prov ons of the act
full protection is afforded through the Dis
trict Courts of the United States to all per-
sons Injured, and whose privileges as thus
QeclhreQ hro IL anJ way IN PohOoJ oHA
heavy penalties are pronounced against the
person who wilfully violates the law.
need not state that the law did not re-
ceiye my approval, yet its remedies are far
far more preferable than those proposed in
the present bill-the one being civil, and
the other military. r.
By the sixth section of the bill herewith
returned, certain proceedings by which the
lands in the parishes OF st. Helena and st.
Iukes were sold and bid in, and Afterwards
disposed off By the Tax Commissioner, are
confirmed and ratified by the seventh,
eighth, ninth, tenth and eleventh sections |
Provisions sre made by law for the disposal |
of the lands thus acquired to particular
class of citizens, while the granting Of titles |
is deemed very important and desirable.
The discrimination made in the bill seems |
as does also the sttempt to |
confer upon the Commissioners Judicial /
newer BY which citizens of the United |
States are TO be deprived Of their poperty in |
a mode contrary to the constitution, which |
declares that no person shall be deprived |
of life, limb or property without due pro-
cess of law. As a general principle such |
legislation is unsafe, unwise, partial and |
of their property who are equally deserving |
objects of the nations bounty, as those |
whom by this legislation Congress seeks 10 |
benefit. The title TO the land thus 10 be
portioned out to favored
class of citizens, must depend on
the regularity Of the tax sales
under the law as it existed at the timeof
the sale, and no subsequent legislation can