Year: 1866

I trenchment In addition to the objections
already stated, the fifth section of the bill
! proposes to take away land from its former
owners. without any legal proceedings being
| first had, contrary to that provision of the
| Constitution which declares that no person
shall-be deprived of life, liberty or properly,
| without due process of law.


1t does not appear that part of the lands
to which this section refers, may not be own
ed by minors or persons of unsound mind ,or
by those who have been faithful to all
their obligations as citizens of the United
States. If any portion of the land is held
by such persons, IL is not competent for any
authority to deprive them of it. If, on the
other hand, it be found that the property is
| liable to conhscatlon, even then 1t cannot be
appropriated to the public cpurposes until by
| due process of law it shall have been declar-
| ed forfeited to the Government.


| There Is still further objection TO the bill,
on grounds seriously affecting the class of
persons to whom it is designed to bring re-
lief. 1t will tend to steep the mind of the
| freedman in a state of uncertain expectation
and restlessness, while to those among whom
he lives 1t will be source of constant and
vague apprehension.


| Undoubtedly the freedman should be pro-
tected; but he should be protected by the
| CiN ii dulUOtiIlcc, SSptCitliy tHc cScE-
else of all the constitutional powers of the
courts of the United States and OF the States.
| His condition Is not SO exposed as may at
| first be imagined. He is in a portion of the
country where his labor cannot be well spar
ed. Competition for his services from plan
ters, from those who are constructing or re-
pairing railroads, and from capitalists in his
vicinage OF from other States, will enable
him to command almost his own terms


He also possesses perfect right to change
his place of abode; and if, therefore, he does
not find IN one community or State mode
of life suited to his desires, or proper remu-
neration for his labor he can move to anoth-
er, where that labor is more esteemed and
better rewarded.


In truth, however, each State, induced
| by its own wants and interests, will do what
is necessary and proper to retain within its
| borders all the labor that is needed for the
| development of it's resources. The laws that
regulate supply and demand will maintain
| their force, and the wages of the laborer will
be regulated thereby. There is no danger
that the exceedingly great demand for labor
will not operate in favor of the laborer, nei-
ther is sufficient consideration given to the
avidity of the freedmen to protect and take
care of themselves


1t is no more than justice to them to be-
| ilSNC tIldt aS lIicy nave fGCtlttu LllciT 1ISc-
dom with moderation and forbearance, so
they will distinguish themselves by their in
dustry and thrift, and soon show the world
that in condition of freedom they are self
sustaining, capable of selecting their own
employment and their own places of abode,
of insisting for themselves on a proper re-
muneration, and of establishing and main
tanning their own asylums and schools. 1t
is earnestly hoped that instead of wasting
away they will, by their own efforts, estab-
lish for themselves condition of respecta-
biity and prosperity. It's certain that they
can attain to that condition only through
| their own merits and actions.


In this connection the query presents it,
self, whether the system proposed by the bill
will not, when put into complete operation,
practically transfer the entire care, support
and control of four millions of emancipated
slaves to agents, observers or task masters,
who, appointed at Washington, are to be To-
Gated in every county or parish throughout
the United States, containing freedmen and
refugees. Such system would inevitably
tend to a concentration of power in the Ex-
ecutive, which would enable him, if so dis
posed, to control the action OF this numer-
Gus class, and use them for the attainment
of his own political ends.


| cannot but add another very grave OBJ
lection to the BILL The Constitution imper-
atively declares, in connection with taxation,
that each State shall have at least one repre-
senta tive, and fixes the rule for the number
to which in future times each State shall be
entitled; it also provides that the Senate OF
the United States shall be composed of two
Senators from each State, and adds, with
peculiar force, that no State, without its
consent, shallbe deprived of it's equal suf-
frage in the Senate. The original act was
necessarily passed in the absence of the
States chiefly to be affected, because their
people were then contumaclously engaged
in the rebellion.


Now the case is changed, and some, at
least, of all the States, are attending Con
gress by loyal representation, soliciting the
allowance of the Constitutional right of rep
resentation. AT the time, however, of the
consideration and the passing of this bill,
there was no Senator or Representative in


Congress from the eleven States which are
to be mainly affected by its provisions. The


very fact that reports were and are made
against the good disposition Of the country


is an additional reason why they need and
should have representation in Congress, to
explain their condition, reply to accusations,


and assist by their local knowledge in per-
: fecting measures Immediately affecting them


selves; while the liberty of deliberation
would then be free and Congress have full
power to decide according to its judgment,
, there could be no objection urged that the
. States most interested had not been permit


ted to be heard The principle is firmly
/ fixed in the minds of the American people
that there should be no taxation without
representation. Great burdens have now
j to be borne by all the country, and we may


best demand that they shall be borne with


out murmur when they are voted by ma