Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-07-26

Tested by this rule of sound political wisdom,
can see no reason for the establishment of mil
litary jurisdiction" conferred upon the officials
of the Bureau by the fourteenth section of the
bill ..a .....
By the laws of the United States and of the diff
ferent States, competent courts Federal and State
have been established, and are now in full practi
cal operation By means of these civil tribunals
ample redress is afforded for all private wrongs
whether to the person or the property of the cit
zen, without denial or unnecessary delay. They
are open to all without regard to color or race T
feel well assured that it will be better to trust the
rights privileges and immunities of the citizen to
tribunals thus established, and presided over by
competent and impartial judges, bound by fixed
rules of law and evidence, and where the rights
of trial by Jury is guaranteed and secured, than
to the caprice and judgment of an officer of the
bureau, who it is possible, may be entirely ignor-
ant of the princi Piles that under lie the just ad-
ministration of the law. There is danger, too,
that conflict of Jurisdiction will frequently arise
between the civil courts and these military trbu-
nails, each having concurrent jurisdiction over the
person and the cause of action-the one judica-
ture administered and controlled by civil law, the
other by the military. How is the conflict to be
settled, and who is to determine between the two
tribunals when it arises In my opinion it is
wise to guard against such conflict by leaving to
the courts and jures the protection of all civil
rights and the redress of all civil grievances
| The fact cannot be denied that since the actual
cessation of hostiities many acts of yioence-such
perhaps, as had never been witnessed in their pre-
vious histOry-have occurred in the States involv-
ed in the recent rebellion. [ believe, however,
that public sentiment will sustain me in the asser
ton that such deeds of wrong are not confined to
any particular State section but are manifested
| over the entire MISUNDERSTANDING that the
case that produced them does not depend upon
any particular locality, but is the result of the ag
tation and arrangement incident to a long and
bloody civil war; While the prevalence of such
disorder must be greatly deplored their occasion
al and temporary occurrence would seem to fur
nish no necessity for the extension of the bureau
beyond the period fixed in the original act. Be
sides, the objections which / have thus briefly
stated, may urge upon your consideration the
additional reason that recent developments in re-
gard to the practical operations of the bureau in
many OF the States show that in numerous in
stances 1t is used by its agents means of pro-
noting their individual advantage and that the
freedmen are employed for the advancement of
the personal ends OF officers, instead of their
Improvement and welfare-thus confirming the
fears originally entertained by many that the
tlnuation of such bureau for any unnecessary
length of time would inevitably result in fraud
corruption and oppression.
1t Is proper to state that in cases of this charac
ter Investigations have been promptly ordered,
and the offender punished, whenever his guilt has
been satisfactorily established AS another rea
son against the necessity of the legislation
templated by this measure, reference may be had
and which will be faithfully executed long it
shall remain unrepealed, and may not be declared
unconstitutional by courts of competent jurisdic
ton. By that act, it is enacted ''that all persons
born IN the United States, and not subject to any
foreign power, excluding Indians not taxed,
hereby declared to be citizens of the United States;
and such citizens OF every and color, without
regard to any previous condition of slavery or in
voluntary servitude, except as a punishment for
crime, whereof the party shall have been duly
convicted, shall have the right in every State
and Territory in the United States to make and
enforce contracts to sue, to be parties, and give
To 1nh orIt 1O11I0l ocn coll hOl1 and
convey real and personal property, and to full and
equal benefit of all laws and proceedings for the
security of person and property, is enjoyed by
white citizens and shall be subject to like punish
ment, pains and penalties, and to none other, any
law, statute, ordinance regulation 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 privileges
are there declared, are in any way impaired and
heavy penalties are denounced against the person
who wilfully violates the law. I need not state
that that law did not receive my approval, yet it's
remedies are far preferable to those prepared in
the present bill the being civil and the other
military
By the sixth section of the bill herewith return
ed, certain proceedings by which the lands in the
parishes of Saint Helana and Saint Luke South
Carolina, were sold and bid in, and afterwards
disposed of by the tax commissioners are ratified
and confirmed. By the seventh eighth, ninth,
tenth and eleventh sections, provisions by law
made for the disposal of the lands thus acquired
to particular class of citizens While the quiet
ing of titles is deemed very important and desra-
BILE, the discrimination made in the bill seems OBJ
lcctonable, as does also the attempt to confer up
on the commissioners judicial powers, by which
citizens of the United States are to be deprived
of their property in mode contrary to that pro-
vision of the Constitution which declares that no
person 90 shall be deprived of life, liberty pro-
perry without due process of law"
AS a general principle, such legislation is
safe, unwise, partial and unconstitutional. It
may deprive persons of their property who
equally deserving objects of the nations bounty
as those whom, by this legislation, Congress seeks
to benefit. The title to the land thus to be por-
toned out to a favored class of citizens must de-
pend upon the regularity of the tax sale under
the law as it existed at the time of the SALE and
no subsequent legislation give validity to the
rights thus acquired as against the original claim
ants. The attention of Congress is therefore i'll
vlted to a more mature consideration of the meas
ures proposed in these sections of the bill
In conclusion, again urge upon Congress the
danger of class legislation, so well calculated to
keep the public mind in a state of uncertain ex
pectatlon, disquiet and restessness, and to en-
courage interested hopes and fears that the ma
tlonal Government will continue to furnish to
classes of citizens in the several States means for
support and maintenance, regardless of whether
they pursue life Of Incidence or labor, and re-
the national authority in times of peace and tran
guilty.
The bill is herewith returned to the House Of
Representatives in which it originated for its
final action.
ANDREW JOHNSON.
Washington, July 16, 1866
The New Postmaster General.
WASHINGTON, July 10, 1866.-The cause of the
delaV by the Senate Post Office Committee in act