Daily union and American. [volume] (Nashville, Tenn.) 1865-1866, 1866-03-30

erclSe OF all the powers which this bill con-
fers. Slavery has been abolished, and at
present nowhere exists within the jurisdic-
ton of the United States, nor has there been,
nor is it likely that there will be- any at
tempts to revive it by the people of the
States.
Whenever any such attempts shall be
made, it will become the duty Of the Gen
eral Government to exercise any and all in
cidental powers necessary and proper 20
maintain inviolate the guaranteed rights of
the freedmen.
The fourth section of this bill provides
that officers and agents of the Freedmen's
Bureau shall be empowered to make arrests,
and that other officers may be specially COM
missioned for that purpose by the President
of the United States. 1t also authorizes the
Circuit Courts of the United States, and the
Superior Courts of Territories, to appoint,
without limitation, Commissioners, who are
to be charged with the performance ofquasi
judicial duties.
The fifth section empowers the Commits
sioners SO to be selected by the court, to APP
ps1ht in writing, one or more suitable per-
sons from time to time, to execute warrants,
and other processes desirable by the bill
These numerous officials and agents are
made to constitute a sort Of police in addi-
ton to the military, and are authorized to
summon posse coHsitGtHs and even 10 call
TO their aid such portion of the land and
naval forces of the United States, or of the
militia, as may be necessary to the perform
ance of the duty with which they are charged.
This extraordinary power is to be conferred
upon agents irresponsible to the Govern
ment and the people. The general statutes
regulating the land and naval forces of the
United States, the militia and the execution
of the laws, are believed to be adequate for
any emergency which can occur in time of
peace. II it shocld prove otherwise, Con-
gress can at any time amend those laws in
such manner as, while subscribing the pub
lie welfare, will not leopard the rights, inter-
ests and liberties of the people.
The seventh section provides that a fee of
ten dollars shall be paid to each Commits
sioner in every case brough before him, and
fee of five dollars to his deputy or deputies
for each person he or they may arrest and
take before such Commissioner, with such
other fees as may be deemed reasonable by
such Commissioner in general for perform
ing such other duties as may be required in
the premises. All these fees are to be paid
out of the Treasury of the United States,
whether there is a conviction or not but in
case of conviction they are to be receivable
from the defendant. 1t seems to me that
under such temptation bad men might con-
vert any law, however benefcent, into an
instrument of persecution and fraud.
By the Sth section of the bill, the United |
States Courts, which sit only in one place |
for white citizens, must emigrate with the |
Marshal and District Attorney, and necessa-
rily with the Clerk, although he is not men,
toned, to any part OF the District upon the |
order of the President, and there hold a
Court for the purpose of the more speedy |
arrest and trial Of persons charged with a
violation of this act, and there the Judge |
and officers of the Court must remain upon /
the order of the President for the time there
in designated.
The 9th section authorizes the President /
Or such person as he may empower for that
purpose, to employ such land or naval forces
Of the United States, or of ehe militia, as
shall be necessary to prevent the violation,
md enforce the due execution of this act.
This language seems to imply permanent
military force, that is to be always at hand,
md whose only business is to be the en-
iorcement of this measure over the vast re-
zion where it is intended to operate.
/ do not propose to consider the policy of
his bill. To me the details of the bill are
raught with evil. The white race and black
ace Of the South have hitherto lived to-
yether under the relation of master and
lave, capital owning labor. Now that rela-
alton is changed, and as to ownership, cap
tai and labor are divorced. They stand
low, each master of ITSELF In this new re-
ion one being necessary to the other, there
will be a new adjustment, which both are
leeply interested in making harmonious.
Each has equal power in setting the terms,
md if left to the laws that regulate capital
md labor, it is confidently believed they
will satisfactorily work out the problem.
capital, it is true, has more intelligence, but
abor is never so ignorant as not to under
tand its own interests, as not to know its
,wn value as not to see that capital must
1ay that value. This bill illustrates this adj
ustment 1t intervenes between capital and
abor and attempts to settle the question of
political economy through the agency of
officials whose interest it will be
o foment discord between the two races;
or as the breach widens, their employment
will continue, and when it is closed, their
will end.
In all our history, in all our experience as
l people living under Federal and State
avs, no such system as that contemplated
ly the details of this bill has ever before
been proposed or adopted. They establish
or the security of the colored race safe
guards which go infinitely beyond any those
which the general Government has ever
provided for the white race. In fact, the
distinction of race and color is by the bill
made to operate in favor of the colOred
against the white race. They interfere with
he municipal legislation of the States with
relations existing exclusively between State
md its citizens, and between inhabitants of
he same State, and the absorption and as
sumption of power by the general Govern
nent, which if acquiesced in, must sap and
destroy our federative system of limited
powers, and break down the barriers which
preserve the rights Of the States 1t is an
)ther step, or rather stride, toward centrali-
.ation of all legislative powers in the Ma
ional Government. The tendency of the
Dill must be to resuscitate the spirit Of re
1ellion, and to arrest the progress of those
Influences which are more closely drawing
lround the States, the bonds of Union and
peace. My lamented predecessor, in his
PROCLAMATION of the 1st of January, 1868,
ordered and declared that all persons held
u AldNGS Nltlllu CtItdtlH CtdlCS anu SttA 70 VI
States, therein designated, were and thence
orward should be free; and further, that
he Executive Government of the United
States, including the military and naval au-
horities thereof would recognize and main
ain the freedom of such persons. This guar
lnty has been rendered especially obligatory
md sacred by the amendment of the Constitu-
ion abolishing slavery throughout the United
States. /, therefore, fully recognize the OBJ
igation TO protect and defend that class Of
,ur people, whenever and wherever it shall
become necessary, and to the full extent
with the Constitution of the Uni
ed States. Entertaining these sentiments
t only remains for me to say | will cheer
ully cooperate with Congress in any mea-
ure that may be necessary for the preserva-
ion of the civil rights of the freedmen as
veil as those OF all other classes of persons
throughout the United States, by Judicial
process, under equal and impartial laws, and
with the provisions Of the Fed
sral Constitution. ] now return the bill to
he Senate, and regret that in considering
he bill, and Joint resolutions, forty-two in
Il n. r.. fNr.I 1