The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-07-21
civil courts and these military t1ii.

| Cuut1Lo,, SsiicllSlt1NttIS CQuCHrr0nG Jul1S-
diction over the person and the cause
tcf action-the one judicature admi-
nistered and controlled by civil law,
the other by the military. How is
the conflict to be settled, and ~ho is
to determine between the. two tri-
! bunafs when it arises? In my opinion.
| 1t is wise to guard against such CON
fiict by leaving to the courts and
lurles the protection of all civil rights
and the redress of al civil
TheE fact cannot be; denied, that
since the actual cessation of hostili-
tles, many acts of viplcncc-snch
fPerhaps as had never been witnessed
IN their previous listory-have oc-
Cured IN the States involved in the
recent rebellion. believe, however,
that public sentiment will sustain me
IN the assertion that such deeds Of
wong are not confined to. any par-
tlcuiar State Or section, but are mani
tested 4oyertlie entire rountry-de-
monstrating that the cause that pro
duccd them does not depend upon
any particular locality, but is the
result OF the agitation and derangc-
ment incident to long and bloody
CIVIL war. While the prevalence of
such disorder must be greatly de-
Nored, their occasional and tempo
| nry occurrence would seem to fur
! nish no necessity for the. extension Of
the Bnreans beyond the period fixed
IN the original Act. Besides the Oh
]ectlons which I have thus briefly
stated, l may urge upon yo:.r oonsi-
deratlon the additional reason. that
recent developments in regard to the
practical operations Of the Bureau in
many of the States show that. in
numerous instances, it is used by its
agents as means Of promoting their
individual advantages: and that the
tI;ieedmcn arc employed for the al-
vanccment Of the personal ends OF
the officers, instead OF their own i'm
provcment and welfare thus con
lirming the fears originally enter
tanned by many that the continuation
of sncl a Bureau for any unnecessary
length of time would inevitably result
In fraud, corruption and oppression.
1t IS proper to state that IN cases
o! this character, Investigations have
been promptly ordered and the Of
fender punished, whenever his guilt
has been satisfactorily established.
AS another reason against the neces-
sity OF the legislation contemplated
by this measure, reference may be
had to the ''civil rights bill, now q
iaw-of the land, and which will be
faithfully executed, rs long as it shall
remain unrepealcd, and may not Be
declared unconstitutional by courts
OF competent jurisdiction. BY this
Act, 1t IS enacted 'that. all persons
born III the United States, and not
subject to any foreign power, exclud-
ing Indians not taxed, are hereby
declared to be citizens Of the United F..
States; and such citizens, OF every
race and color, without regard to any
previous condition Of slavery or in
voluntary servitudc, except rs q pun
lshment for crime, whereof the party
shall have been duly convicted, shai. /
Lave the same right, in cverv State
and Territory Of the United States.
to make and enforce contracts, to sue. F.!
to be parties, and give evidence, to !
inherit, purchase, lease. sell, hold
and convey real and personal pro-
pcity, and to full and equal benefit
OF all laws and proceedings for the
security of person and property, rs
is enjoyed by white citizens, and
shall be subject to hike punishment,
pains and penalties, and to. none
other, any law, statute. ordinance,
regulation or custom to the contrary
Notwithstanding
BY the provisions Of the Act, full
protection is afforded, through the !
District Courts of the United States. ,
to all persons injured, and whose pri- !
vlleges, as there declared, are in any
way impaired, and heavy pelraltic,
are denounced against the person
who wilfully violates the law. ] need
nob state that that law did not receive
my approval; vet, its remedies are far
preferable to those proposed in tie
present bill; the one being civi! and /
the other military
BY the sixth section Of t!:c bill
herewith returned, certain proceed
ings, by which tire lands in the Pa
rishes of Saint Helena and Saint
Luke, South Carolina, were sold and
bid in. and afterwards disposed OF by
the tax commissioners, are ratified.
BY the seventh, eighth, ninth. tenth
aud eleventh sections, provisions bv
law are made for the disposal OF TIE
ndstnus acquired toa ptrticularc class
of citizens. While the quoting OF titles
is deemed very important and de,ir.
ni,ln tho 1isc,iro;uof;o, ,>,,1 -; =,