Year: 1866



 nected with the welfare of the country, should induce us to rigid economy, and inhuepce us to abstain from all legislation that would unnecessarily increase the pub lie indebtedness. Tested by this rule of sound political wisdom, l can see no reason for the establishment of the military juris- diction conferred upon the officials of the bureau in the 1fth section of the bill. By the laws of the United States, and of the different states, competent courts, federal and state, have been established, and are now in full practical operation. By means of these civil tribunals, ample redress is afforded for all private wrongs of the citl- zen, without denial or unnecessary delay They are open to all without regard to color or race feel we'll assured that 1t would be better to trust the rights, privi- leges and immunities of citizens to tribu- nals thus established and presided over by competent and impartial judges, bound by fixed rules of law, and where the right of trial by jury is guaranteed and secured. The caprice of judgment of an officer of the bureau, who, it is possible, may be entire ly ignorant of the principles that underlie the just administration of the law, there is danger that the conflict of jurisdiction will frequently arise between the civil courts and these military tribunals, each having concurrent jurisdiction over the person and the cause of the action, the one jurisdiction administered and controlled by civil law, the other by military. How is the conflict to be settled, who is to de- termine between the two tribunals when it arises? In my opinion it is wise to guard against such conflicts by leaving to the courts and juries the protection of all civil rights and the redress of all civil grievances. The fact cannot be denied that since the cessation of actual hostilities many acts of violence, such perhaps, as had never been witnessed i1' their previous history, have occurred in the states in volved in the recent rebellion. l believe, however, that public sentiment will sus- tain me in the assertion that such deeds of wrong are not confined to any particular state or section but are manifested over the entire country, demonstrating that the cause that produced them does not depend upon any particular locality, but is the result of the Arrangement incident to a long and bloody war While the preya- lence of such disorders must be greatly de plored, their occasional and temporary re- currence wAlld seem to furnish no neces. sity for the extension of the bureau beyond the period fixed in the original act Be- sides the objection that l have thus brief ly stated, l may urge upon your consider ation the additional reason that recent de- velopments in regard to the practical ope- ration of the bureau in many of the states show that in numerous instances 1t IS used by its agents as means of promoting their individual advantage, and that the freed men are employed for the advancement of the personal ends of the officers instead of their own improvement and welfare, thus confirming the fears originally entertained by many that the continuance of such a bureau for any unnecessary length of time would inevitably result in fraud, corrup tion and oppression. It is proper to state that in cases of this character investiga- tions have been promptly ordered, and the offender punished whenever his guilt has been satisfactorily established. As anoth- CT reason against the necessity of the leg islation contemplated by this measure, ref erence may be had to the civil rights bill, now law of the land, and which will be faithfully executed so long as it shall not be declared unconstitutional by courts of competent jurisdiction. By that act it is provided that all persons born in the Uni ted States and not subject to any foreign power, excluding indians not taxed, are hereby declared to be citizens fthe United States, and such citizens of every race and color, without regard to any previous con dition of slavery or involuntary servitude, except as punishment for crime, whereof the party shall have been duly convicted; and shall have the same rights in every state and territory in the United States, to make and enforce contracts, to sue and be sued, and to sell, hold and convey real and personal property, and to full and equal benefits of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and be sub ject to like punishments and penalties and to none other, any law, statute, ordinance, regulation or custom, to the contrary not withstandipg. By the provisions of the act, full protection is afforded in the dis trict courts of the United States, to all per sons injured, and whose privileges as thus declared are in any way impaired; and heavy penalties are denounced against the person who wilfully violates the law. need not state that law did not receive my approval. Yet its remedies are far more preferable than those proposed in the pres ent, the one being civil and the other mil itary by the-section of the bill herewith returned certain privileges by which the lands in the parishes of St. Helena and St Lukes were sold, and bid and afterward disnosed of by the tax commissioners and