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

Legal Intelligence.
UEITED STATES CIROUIT AND DIsTRIoi
OOURTs, MENPHFs.-HoR. C07nGily r. I'rigg
PresidiHg.-The following is the decision Of
His Honor Judge Trigg, presiding as Judge
Of the Circuit Court OF the United States fOl
the District Of West Tennessee, in the cast
of Abraham r. Heron, executor Of the es-
tate Of John S. Heron, deceased, We. Gen
B. ?. Runkle, Superintendent Of the
Freedmen's Bureau, which came before the
Court on a motion by the complainant fol
an injunction against the defendant to re-
strain him from enforcing upon the per
sOnal property Of which the es ate consists
judgment heretofore rendered by the de-
fendent against the teststor Of plaintiff, q
white citizen, and in favor of q freedman
This bill is based on the alleged Illegal
action of the defendant in respect 10 the
property of plaintiff under assumed rights
as Superintendent of the "Bureau of Refu-
gees, Freedmen and Abandoned Lands,
established by set of Congress of June, 1865
The question has arisen on the proper
construction Of this act of Congress, estab-
fishing such Bureau; whether Congress, by
THE act, gave power TO establish Courts,
20 try cases between white citizens and
| freedmen. If any such power is conferred,
| it is 10 be drawn from the first section of the
act, in which it is stated that "there is here
| by established in the War Department, to
continue during the present war Of rebel
lion, and for one year thereafter, Bureau
Of Refugees, Freedmen and Abandoned
! Lands, TO which shall be committed, as
hereinafter provided, the supervision and
management of ali abandoned lands, and
the control Of all subjects relating TO refu-
gees and freedmen from rebel States, or
| from any district or county within the ter
ritory embraced in the operations Of the
| army, under such rules and regulations as
may be prescribed by the head Of the Blu
reau, and approved by the President
| (See Sec. LIST, Act of March Sd, 1861
II this power or right to establish Courts
| for the trail of causes arising between
white citizens and freedmen exists, it is to
be derieved from that section.
This Court is unable to see by what sort
Of construction the head Of the Bureau
could suppose that the act empowered him
! to establish Courts TO take jurisdiction of all
such cases. The Constitution of the United
States provides chat the judicial power of
the United States shall be vested in one
| Supreme Court, and in such inferior Courts
as the Congress may from lime to time or
dain and establish" (See Art. III, Sec. !,
| Constitution.) That provides for the estab-
| lishment Of the Court therein named, and
leaves to Congress the power to establish
such inferior Courts as 1t may deem
proper.
1t seems manifest that there is no power
granted by Congress in this act TO establish
such Courts, and in order to make it such
Court as tEis Freedmen's Court assumes to
be, Congress must itself establish it, and de-
fine its powers and judicial authority, and
declare what are the subjects of its jurisdic-
ton.
90. ,,cfl;,r :, Jbfs oct which M, rar.
upon this Bureau judicial powers, or which
authorizes its officers and agents 10 estab
| lish Courts, and it is not N accordance with
the Constitution and the tribunal render
| ing this judgment as a civil Court has mis-
taKen the extent of the power and authority
conferred upon it By the act of Congress,
and its action in assuming as Court, 10 ad-
Indicate questions arising between citizens,
or between white men and freedmen, and
rendering judgment, as such Court, is
mere nudity.
There is another feature in the act which
nav explain how and why Courts like
these came TO be established. The act says
| f'There is hereby established in the War
| Department, to continue during the pres
| sent war Of rebellion" etc. The question
might then arise, whether the War Depart
ment could authorize the establishments of
| Court such as this is alleged 10 have been.
| The Bureau vas, in come sense, under the
control Of the War Department, and, being
under its control, the question arises,
whether that Department might not have
exercised the right or power TO establish
/ such q Court for the purpose Of ailordmg
| security and protection to that class OF
persons for whose benefit the act IN ques-
ton was passed.
Military Courts have been established IN
| time Of war, and have been sanctioned as
/ such, This was done during the war with
Mexico. But they were not recognized as
Courts Of the United States established by
| the authority Of the Constitution and laws
| thereof, but as Courts established or sane
toned by the commanders Of the American
forces, ns were agents Of the military pow
| er 20 assist 4 in preserving order IA the
| conquered territory, aud TO protect the in
! habitants in their persons aud property du-
ring the military occupation Of the country.
| These Courts were subject TO the military
| mower, and their decisions, under its con-
/ troll, whenever the commanding officer
| thought proper TO interfere They were
not Courts of the U. States, and had no right
as SacA 70 adjudicate questions brought be-
| fore them. Their judgments could not
have been recognized as the sentences OF
| Court in the sense of the Constitution, how
| ever much they might have been sanctioned
i u
| for the purposes Of their creation.
So of the Courts in question, established
! by the authority of the War Department Of
! the Government, as a part of the machinery
/ Of the Bureau Of Refugees, Freedmen, &c.
/ These can not be recognised IS Courts in
| the sense Of the Constitution of the United
/ States, because the Judicial power exercised
/ by them is not derived from the Constitu-
| ton, nor from any act OF Congress establish
| ing them as "InieriOr Courts, in conformity
! 10 that instrument"
! If they can be regarded, then, as Courts
| in any sense, it must be in the sense of those
established in Mexico during the war with
that country; as Courts established or sane
| toned by the War Department, OK military
/ power of the Government, as the agents of
/ that Department 10 assist in protecting,
| providing for, and preserving order among
| that Glass Of persons, whose interests were
confded 10 the Bureau created by the act Of
Congress in question.
| If these Courts could exercise any legiti-
mate authority, or claim for their judgments
or DEGREES any binding effect or efficiency,
they could only do so by virtue Of their con-
nection with the military power. In the
then existing state Of things, the country
being torn by war Of rebellion, and there
| being a seeming necessity TO provide for the
4
| ting this bureau, this Court does not under
| take now 10 determine, nor indeed is it ne
cessary for the purposes Of this case, that it
| should decide how far these Bureau Courts
! should be sanctioned as legitimate tribunals
| in the exercise Of the Judicial powers, con-
ferred upon them, under the authority Of
! the War Department.
For, however palid their judgments or
DEGREES may have been, aud by whatever
| right they may have enforced therein as
irar measures, whether upon grounds OF er-
pedicHcy or necessity, during the existence
| Of the rebellion, it would seem quite certain
that the termination Of the war would end
and abrogate the Courts created by Il, and
operating as q part Of, and in connection
with H. The recent proclamation Of the
| President Of the United States, declaring
| that an instruction no longer exists, is 3
| declaration Of peace, which sweeps from
| among US everything which sav0rs Of MIDI
| tart c0ustrnint upon the r7gAfs OF citizens,
and restores 10 them the ordinary and peace
full channels for the assertion and enforce
ment Of those rights,
Assuming, then, that the Cour. IN ques-
ton were, N their inception, leglumasely
| and properly established, and that the Ju-
risaiction exercised BY them, during the
existence of war, was also legitimate and
proper, il does not follow that they have
nEht, now that the war is ended, 70 make,
and summaT.ly 10 enforce, orders as they
did while a state Of war existed, The war
being ended, that is an end OF the tohTi,
and there being no longer any such CoHri,
the ofloeT Of the Bureau has no longer au-
thority 70 snt IA iAai capacity, and 10 en-
force judgments OF orders, Wbsthar made
before or since the declaration Of peace. u
he does %, and under that preiext seiEes the
property Of q citizen, he will become tress-
passer, and may be held Liable in damages
10 the party injured.
Il may seem hardship that such should
be the case, but II in his case The Judgment
was rendered, and Dot enfoEoed before the
var ended, thea Il cannot be now enforced:
for tho authority by which it was rendered
has ceased with the war aud no longer ex.
| iEts.
Il cannot be necessary hat such powers
should becontinued after the war has ceased
20 exist, since BY the adoption Of the eonsti
tutional amendment sbolishing slavery and
giving The negroes the rights Of froemeni
thsre can be no necessity for the interposi
tion Of such Courts o. powers. The mo
ment they are free their right 20 sue in th'
| civil Courts exists.
b All free negroes have ever possessed N
rirht 30 60 into the civil Courts in Tennessee
l a - saaaaHr fa~w aaar ~