The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-01-10

and surely upon this charge every
citizen was entitled to a trial by his
peers. Because, if aiding or abetting
the rebellion is treason, to decide it
by this appropriation of "abandon-
ed" land, with its iniquitious conse-
quence of throwing the burden of
proof on the accused and not on the
accuser, was only an ingenious
method of securing the penalties of
treason without conviction or trial.
Besides, what was voluntary aban-
donment," under the Act of '65 !?
Was planter, driven forcibly from
his estate, his negroes freed, his
houses burned, his provisions taken
away. his stock destroyed, guilty of
voluntary abandonment, because he
did not return where he could neither
labor nor live? Was the nonresident
owner of two or three estates guilty
OF voluntary abandonment because
he could not be ubiquitous, and be-
cause General Sa1ton's agents could
be on one place while he was on
another Were the citizens of a
shelled city, who fed for life, guilty
of voluntary abandonment
It was clear that these questions,
and thousand others, could and
would be settled in time of peace
only by the Judicial tribunals.
3. A large portion of the lands
claimed by the Bureau were there
sold under the lax Act; and in Sep
tember, the Attorney-General deli
vered very able opinion-not as well
known as it ought to be-that these
Lands could not be delivered to the
Bureau, and thus deprived of the
equity of redemption secured them
by the Tax Acts Of Congress.
Fortunately for the country, most
happily for the South, that calm and
sagacious mind to whom Providence
has given the government of the na
ton when its widest passions seemed
reused to fury, gravely considered
all these things. Like another great
ruler, he felt that on this war-worn
continent it was true, even in a higher
sense than it was originally spoken
''The Natlon-it is peace;" not the
mere cessation of slaughter, not only
the dlsbandment of armies, but peace
at mems homes and in mems hearts.
all over his torn and bleeding coun-
try; peace and time to cover the
trampled sod with turf and the bruised
heart with the freshness of new affec-
tlons. He knew that the vindictive-
ness of victory and the logic of Goa
quest wrought no such cures, and he
put away from him the weapons
which war had forced. On tho 10Th
September, 1865, the Freedman's s
Bureau issued Circular No. Is, sub
scribed Approved, Andrew John
son, President of the United States,
the seventh section of which declared: /:
abandoned lands held by this
Bureau may be restored to owners
pardoned by the President.
This order changed radically the
character of the Bureau. AS it was
originally organized, it was simply a
court of inquisition for the punish
ment of all who owned lands through
out the South. It was a great engine
for illegal confscation, recognizing
no rights in rebels, and denying to
the Executive its highest prerogative
of pardon. 1t was consummate for
its purpose; but it could work only
singly for that purpose. When the
Presidents pardon stood between it
and its victims, its functions were
paralyzed. Every pardon, in with
drawing from its power one estate,
facilitated the escape of another. The
system on which it was contrived was
broken and unless it was allowed to
work general confscation, it could
scarcely work any. From the date
of this order, the Bureau has essen
TALLY changed its character and we
shall proceed, in the next place, to
examine the new character which the
President has placed upon it, and see
how far, according to General How
ards report, it is fulfilling his wise
purposes. w. II. T.