Year: 1866

Our readers will remember that in his
letter to the President concerning his
disposition of these plantations, Gen.
Sherman distinctly states that it was
only contemplated that this disposition
should be made of them during the con-
tinuance of the war, and while in the
military possession of the United States.
Senator Trumbull thus speaks of them ::


/ shall necessarily. Mr. President, follow
ing the Senator from Indiana, speak some
what in deSultory manner; but prefer to
do so because | would rather meet the OBJ
jections made directly than by any general
speech. l viii therefore take up his next
objection, which is to the fifth section of the
bill. That section proposes to confirm for
three years the poSSeSsory titles granted by
Gen. Sherman. The Senator from Indiana
admits that Gen. Sherman had authority
when at the head of the army at Savannah
and these people were locking around him.
and dependent upon him for support, to put
them upon the abandoned lands; but he saws
that authority to put them there and MAIN
tain them there ceased with peace Well,
sir, sufficient answer to that would be that
peace has not yet come the effects of
war are not yet ended; the people of the





ida, where these lands are situated, are vet
subject to military control But deny that
If peace had come the authority of the Gov
ernment to protect these people in their pos
sessions would cease the moment it was de-
clared. What are the factsl The owners
of these plantations had abandoned them
and entered the rebel army They were
contending against the army which Gen
Sherman then commanded. Numerous col
ored people had tiooked around Con Sher-
mans army. 1t was necessary that he
should supply them to save them from star
walton. His commlsSariat was short Here
was this abandoned country owned bV men
arrayed i'll arms against the Government.
He ii Is admitted, had authority to put these
followers of his army upon these lands and
authorize them to 20 to work and gain a
subsistence If they could. They went on
the lands to the number of forty or fifty thou
sond, commenced work have made inn
provements; and now, will the Senacor from
Indiana tell me that upon any prin
clple of justice, humanity or law, If peace
had come when these laborers had n croD
half gathered, the Government ofthe United
States, having rightfully placed them in
possession. and pledged its faith to protect
them there for an uncertain period, could
immediately have turned them off and mt
IN possession those traitor owners who had
abandoned their homes to fight against the
Government


MIR. HENDRIcKs-With the permission of
the Senator, will answer the question that
Is propounded by him. 1t is, whether as an
act otJuStice, If our army was withdrawn
and the posseSSory right ceased in the midst
OF growing crop, they could be immedi-
ately turned OFT l presume the Senator will
agree with me that the common>law princi-
pie applicable to snch a case would applv TO
that particular case, and that is, that where
an estate Is uncertain in its duration. and il
TO exist Vhila n ia eysnN -
shall continue until that crop is gathered
For instance, life estate is uncertain in its
duration crop is growing, and because of
the death of the party upon whose life the
estatels dependent the estate ceases /; vet it
shall continue until the growing crop is
gathered. presume that principle of law
would apply 10 an uncertain poSSessory right,
such as Gen. Sherman undertook to confer


Mr. IRUMBULL-l presume so, too; the
Senator from Indiana and myself agree pre-
clsely, and he has admitted now all / de-
sure hlm to admit. Then the Government
having placed these people rightfully upon
these lands, and they having expended their
labor upon them, they had right to be pro
tected in their possessions for some length of
time after peace on the principle of equity
That is all we propose to do by this bill
The Committee thought it would not he
more than reasonable protection to allow
them to remain for three years. they HAVING
been put upon these lands destitute with
out any implements of husbandry, without
cattle, horses, or anything else with which
to cultivate the land, and having ND to the
present time been able to raise very little at
the expense of great labor. Perhaps the
Senator thinks they ought not to remain so
long. will not dispute whether they shall
go off at the end of one year or two years
The Committee propose two years more.


Might often makes right.