Bedford inquirer. [volume] (Bedford, Pa.) 1857-1884, 1866-03-02
essivq enough for the purpose in view il tim,

az that time cou,d only take jurisdiction Of such
freedmen and refugees as came within the lines Of
the army, Throughout most Of the Southern
States the Bureau was limited in its operation and
desire to ask iii all candor and fairness if when
the war progrcsse ed, and the slaves of Texas, and
Mississippi, ard alabama, and Florida, and Geor-
gia and Virginia and Eofth Carolina were all
made free by the Constitutional Amendmeat-T
want to know If it was not proper that the Freed
mems Bureau should be so conducted as TO en-
as well as the few who had come within our lines
when the bill was enacted in 1855? Was there no
occasion to extend It's operation2 and because it
was expressive enoagh for the purpose Ia time of
war, would It follow that il is expressive Enough
for the purpose in time Of peacs, VIXEN We have
jurisdiction Of country very much larger than
we would 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 United States containing ref
gees and freedmen.
Sir, desire to speak respectfully Of the Executive
but would like to know where in that bill is any
provision that extends military Jurisdiction over
all parts Of the United States containing refugees
and freedmen2 Sir, the bill contains no such
clause. II is a nisapprehcnsion Of the bill. What
does It sayf The claase Of the bill upon that sub
Jeet Is this:-s'The President Of the United States
through the War Department and the Commission
ers, shall extend military jurisdiction and protoc
ton over all employees and officers Of this Bureau
in the exercise Of the duties imposed OF authorized
by this act or the act to wich this is amendatory
ls not the difference manifest to everybody he
tween bill that extends military jurisdiction over
the officer e-d employees Of the Bureau, and bill
which should exten military jurisdiction oyer ALI
parts Of the United States containing refugees and
ireekmen2 Why, sir, this bill m@Ies the Freed
mems Bureau part Of the Wef Department II
makes its officers and agepts amenable to tbe
rgIi ~ M prffp sfrr 81 IL
military jurisdiction oTer lie whole country where
they are? How do they differ from any other por-
tion of the army of the United States2
The army Of the United States is governed by
rules and articles, wherever it may be whether in
Indiana or in Florida, and all operations in it are
a portion Of the military establishment, and are
subject 70 the rules and articles of war But did
any body ever suppose that the whole country
where they were was under military Jurisdiction.
If company of soldiers are stationed at one of
the forts in New ork harbor, and the officers and
soldiers subject to military jurisdiction was Il
e7er supposed that the people Of the State Of New
York were therefore under military iurisdiction2
II IS an entire Misrepresentation of the provisions
Of the bill. 1t extends military jurisdiction no.
where. 1t merely places under military jurisdic-
tion those people belonging to the Freedmen's
Bureau, who, nearly all of them, are now under
military jurisdiction.
The Commissioner at the head Of that bureau
is an officer Of the army and under military juris
diction, andI believe every assistant commission
er is an officer ofthe army, under military jurisdic
ton. But the bill does authorize the President
if he thinks proper, instead 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
performance of duties imposed by this act.
The next objection of the President which Mr..
Trumbull noticed was that the country is to be
.la~~1rN 4 Il
number Of salaried agents to be employed NAV be
equal to that of the number Of counties and par
ishes in all the Staes where refugees and freedmen
are 20 be found. He denied that it was necessary
TO appoint any such numbers, notwithstanding It
was provided in the bill that they might be ap4
pointed. To appoint such 4 number, he said
woud beam abuse Of power intrusted in the Presi-
dent.
Mr.. TRUMBULL continued in reply to the
objection that this bill establishes military uris-
dietion IN civil cases. and denying that it creates
any jurisdiction whatever not now existing The
officers of the Bureau were officers of the army of
the United States, who were now holding military
commissions by 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 com
mission, andhe thanked God that these culprits
being found guilty, were sentenced to death and
hung by direct approval and authority Of the
President himself
Was it, then, unconstitutional to do, by virtue
of law of Congress- what is being done every
day without one? He referred to the order issued
by order Of General Grant, January I2 1855, to
protect persons against civil suits for actions
done IN pursuance Of military authority and col
lored persons for offences not punished in the
ease of white persons in the Same manner and
degree. He alluded also to the order issued by
the Lieut. General directing copies of newspa
in vpba Cfafa
of disoyalty to be sent to his head quarters, and
declaring that the persistent publication of such
articles could not be tolerated
By what authority, he would ask, in this time
OF peace, could We confer this authority on one
branch of the army and deny it to another? If
the Rebellion is at an end, by what authority
does the President suspend the writ of habeas cor
pus2 If the President could not reconcile those
unusual acts to the words of the Constitution,
why did he exercise il. Would il detract from its
TO give it the sanction Of law? He re-
viewed the objection that the act would establish
Q permanent rank of public administration, having
greatly enlarged powers. He denied that its es
tablshment was permanent or that its powers
were enlarged in fact, In some respects restricted
He proceeded to show the relative degree of
power eonfded to the two bills, and the misappre-
henslon under which he presumed thePresideut had
abored. He wished to refer to the extraordinary
Of the President that four millions of
former slaves 10 be p divided for by this bill
and to the objection made on the ground Of ex
pense. He declared that not forteth part of
four millions had ever received the cid of the Bu
reaa, and quoted from General HoWards report
to show that but 10000 negroes had been aided
and 81, ,000 whites, and that the number was con-
stanlly decreasing, so that IN December last the
number was reduced to 1900. He alluded to the
ofGeneral Fisk, Assistant Commissioner
for Tennessee, showing that less than 200 orphan
avaa ua.ai4
received aid; that in four months the cost of ra-
ions was reduced from $4,000 to 5000 and that
IF %, 600 persons fed ii 500 were white
The object of the Bureau, ne asserted, was to
decrease the cost of supporting both freedmen and
refugees. IL had invariably had this effect re-
iueing the amount which had been distributed by
army commissioners, and actually decreased the
expenses which the dictates of humanity in the
army had oecasioned. In reply to the suggestion
IF the President that the Freedmen should be pro-
ected though the civil power of the Courts, he re-
erred to the enactments of the Legislature of
Mississippi, which prohibits the holding or Pleasing
II Lands by freedmen, gives whites in certain ca
les power over their persons and in other respects
nfrInges their natural rights He showed that in
ome localities they were not allowed to hire them
elyes out without the consent of their former
masters and were restricted in their right to travel
md whipped found away from their homes with
'ut pass.
Ihere was no protection to the freedmen in the
'ourts Of the laws of the rebellous States and
Without this bin they would be despoled of their
lights. He thought it extraordinary that the Pre-
ident, in giving his opinion that the bin was un-
constitutional had made no mention of that clause
lnder which its friends especially claimed its au-
horzation, the second clause Of the amendment
lbolishing slavery, and instead of standing in
loubt respecting its consttutionally he felt that
he should have failed in his constitutional duty If
le had refused to favor it. In considering the last
objection, the absence of representation of States
Effected by its provisions, he held that if it was