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' VJ
THE CONSTITUTION AND THE LAWS THE GUARDIANS OF OUR LIBERTY ' 1
Vol. XLVI.
HILLSBOROUGH, N. C, AUGUST 1, 1866.
No; 2347.
wri . i.i 1 1 1 r 1 1 1 ( 1 1 ii I -.- rc: Mi
, :, II,.., ; ! j - i-,-.) V
Teto cf tba Fietdaei'i Scrm Bill.
7b the HouH Reprtntalicet t
enaaiog power. The act ol which thia bill .j,Ce uu juagmeni
wit intended amendatory wit pined o officer of the Bureau, who. it iapoteit
daring the c xiateoce of the war. By ita be entirely ignorant of the princic
own prevuions it it to termiotte within B underliedie juttadmiaittratien of
ment. and influence at to abstain from ail
legislation that would unnecessarily in-
A careful examination of the bill patted 5reJJ? w.e PfWic inUebtedne.t. sTetted
a- .Z II-....- Pnnfrraaa entitled 1T Ull rule of SOUhd political WIS( Offl. I
"An act to continue in force and to amend f " for the establ.ahment of
An act to eitabliih a bereati lor the reiiei , V? I T8 UP .
of freedmen and refugeee.' and f.r other the officials of the Bureau bj the fourteenth
!:' - t. m. h. tk. i..;.. aection of the bill. .
F.tion which it proposes would not be con- of Uni-d States, and of
eisteot with the welfare of the country, and "J Stat", competent count. Fe
that it falls dearly within the reaiona at- ?. r.' iouaneo ana
tiened in my meiiage of the 19th of Feb- r now. fttl! prcal operation. By
raary last, returning without my aignatuie f h"e t.r,bDl n.p!e redreta
aairailarmeature. which oririnited in the fforded for all pnwte wroogt. whether
Senate. It a not my purpose lo repeat the i.-v." r we cuizen.
Dbject oni which 1 then urged. They are ... uti.y. aney
tet ireth in your recollection, ana can oe r y .6a w cmor or
J . . . ..... I race. I feel well atnri :n
readily extminea ai a pan oi ine recvrai i ----- - m . -, wu
of one ibranch or the National Legi.latore. better to trutt the nghii. prmleget. and
Adherinf to tho principle! eel forth in that " v.w M mounaia wua
mettire. I now reaffirm them, and the line bluhed, and pre.tded ot er by corope-
' . . t i- ... I tenl Anil imo&rtiil tadrea. knn..(
l pouey weram louicaieu. i -y v;"' r4
I'k. .rnttnil iifuiM aihif h (hia kind Al uw luu nra tkf
m. -r T l. k :. ' . . .
IrritUtion can be juttifiediathatorthe war j gaarameed and it-
Iking power. iho act o( which thia bill "P"ee and judgment of
ble.
prmciplea
nroviiinna it la tn terminal ttitbin uuiiiiiiriiian nl me
obo tear from the cettation of hottilitiea ""nger, too, that eooflict of
and the declaration of race. It ia there- juruuicuou win irequently arue between
fare yet in tiulence. and it ia likely that MU miliUry tribu-
it.WlrAMiniieinfarreaaiftnvitlhe freed, uait, eiCO n.TinZ Concurrent lurilrfirt inn
' " B) . . I w. ..... . I . i . .
men may reqiiro the beor&t of itt pron- "r luc rl. uu l.ne cu,e " action
" a i i h a Aha imiiiiriia a.Im.z.a a a
atent. it wiu ceriaioir remain in opera- " uuUiiierea ana, con
tion tt a law until aome montht tubtequent trolled oy citii law, the other by the milt
to the meeting of the neat tettion of Con- tary. now it iie conflict to be aettled.
treat, when, if eiperieoce ahU make eti- and who it lo determine between the two
dent the necet.iiy of additional egtlation, uiounait wnen itaritcaf In my opinion
the tarn iiuuaea win nave imn e lime 101 ii -"w kuii lucn connict nv
mature and pan the reqaitito meaturet. In leatiog to the courU and junea the protec
tee mraoiimt, the Iqiettiooa arite, Why tion of all civil righta and the redrea. of all
ahookl thia war meaaure be continued be- citil grierancea.
and the neriod delimited ia the rinnil The fact cannot be denied, that aiact the
act;and why, ia time of peace, aheald mi-1 actual cemtioo f hostilities many acta of
iilary tribuaaia De created lo conunuo un- wirH j ptrnapa m nad neter oee.ii
til each "State ahall be fully reatored in witoetted in their prcviout hittory have
iuronttiiutioaat relatioua to the Gotern occurred in the Statet involted in the re-
meat, and ahall be duly repreaented in the 1 cent rebellion. I believe, however, that
Conrreai of the United HUtei t ' It wat PUBiic enumeni win toitiin me in the ai.
manilett with repect to the actappioved eertwa that auch deeda of wtons are not
March 8. 18C5, that prudence and witdom confined to any particular atate or aection,
lift . 1 iV m t .
alike tcquired that jurttdictioa over all nut are minuctieu nter tDe entire country
catea conceraing mo iree enjoy neniwi mci uvraaBuiiu( mc cauta mat pro
immuoitica and rirhtt of citixenthip, at dueed them tloea aot depend unonanv Dar-
well at the protection of per ton and proper 1 ticular locality, but ia the retult of the agi-
ty, anouid oe conierreu pon tome inounai uuon nu ocrsngrmeni incident to a long
in every State or district where the ordi- and bloody civil war. While the 'preva
nary courte ol judicial proceeding waa in- lence of auch disorder mutt be greatly de-
terrupted by the rebellion, and until the plored, their occasional aud temporary oc-
tame should bo fully restored. At that current- would teem to furnish no necet-
time, therefore, an orgeat necessity cant-1 aity lor uc e :ennon of the Uoreau beyond
mA fur thm rtaiiM f anm anrK law. Nnar.lthe fieri :! fued in I lie nri!nl ,r P..
however, war hat tubttantiatly crated the I tidea the y. jeetiont which I hive thut brief
ordinary courte of judicial proceeding! ill ly stated, 1 may urge upon your censidera-
no longer interrupiea; me count, uom iuva mc sgumoast reason, mat recent or
State and Federal, are in full, complete,! velopmenta in regard to the prsctital rpe-
ana auccettiui operation, and tnrougn wemi rsuoni ti we surcau in many ol me atatet
cte'y person, rrgruivsa 01 race anu cwr, anvw mtk m numerous instances il is usro
it entitled lo, and can be heard. 'The pru- by ita agenta at a meant of promoting their
tectien granted to the white cititen ia at- individual advantage; and that the freed
readv conferred by Uw upon tho freedoan ; men are employed for the advancement of
ttrong and stringent guarda by way of pen-1 the personal endt of the officers, instead of
altiet and punithmentt are thrown around 1 their own improvement and welfare thus
ma pcrrgn anu pn'peny, anu u is relieved i inwuimmj mc icara originally entertaineu
that ample protection will bo afiWded him I by many that the continuation of auch a
by doe procett of law, without resort to thr I Bureau for any unoecettary length of time
oangeroue eipedient ol "military tribu- would inevitably retult in fraud, corrup
fislt now that the war hat been brought I tion, and oppression.
to a close. The neceuitv no longer etist- It it proper to atatc that in catea of this
ing for auch tribunals, which had their ori- character invcttit ationt have been prompt
gin in the wsr, grave objections to their ly ordered, and the offender punished
continuance mutt present themtelvet to the whenever hit guilt hat been tatisfaetorilv
r .ii i . . . ...i.i:.k..i . .
uunwa vi rcucviuiK anu uif pattionatc i sauiiiiu. as anaincr reason araiuH
louepenaeniiy oi me asnger in rep-1 1" necessity oi me legislation contemplat
lime rirht. in everr State and Territorr in
the United Statet, to make and enforce
contracta. to tue, to be partiea. and eive
evidence, to inherit, purchate, leate, tell,
hold and convey real and personal proper
ty. ana to lull and equal benefit or all lawa
and proceedings for the aecurity of perton
and nronertv. at ia enioved br white citi-
zent, and ahall be aubject to like puniah-
ment, paint, and penalties, and to .none
other, aay law, statute, ordinance, regula
tion, or cuatom to tne contrary notwita-itsnding.
Dv the provitioni of the act full protec
tion it afforded, through the district court!
of the United Statea, to all periona injur
i .-. . .i .r .
eo, ana wnoie privileges, at mere oeciir
ed, are in any way impaired, and heavy
penalties are denounced againatlhe person
who wilfully violates the law. I need not
atate that that law did not receive my ap
proval; yet, its remedies are far preferable
to those proposed in the present bill ; the
one being civil and the other military.
' Bj the sixth section of the bill herewith
returned, certain proceeding! by which the
lands in the "parithet of Saint Helena and
Saint Luke, South Carolina were aold
and bid in, and afierwarda disposed ol by
tho tax commiitioners, are ratified and con
firmed. By tho seventh, eighth, ninth,
tenth and eleventh aectiona, provitioni by
law are made for the ditpotal of the landa
thus acquired to a particular data of citi-
vent. While the quieting of title u deem
ed very important and deairable, tr e dis
crimination made in the bill seems objec
tionable, at does alto the attempt to confer
upon the commissioner! judicial powera,
by which citizena of the United Statea are
to be deprived of their property in a mode
contrary to that provision of the Constitu
tion which declares that no person " shall
bo deprived of life, liberty, or property,
without due proceta of law. As a gene
ral principle such legislation it unsafe, un
wise, partial, and unconstitutional. It may
deprive peraona of their property who are
' . 1 1 !i : .l: It .t. ..r
rquauj ucscrving oojecis Ol mc uaiiua
bounty aa those whom, by this legislation,
Congreta tecki to benefit. The title to the
land thua to be portioned out to a favored
class ot citizens mutt depend upon the re
gularity of the tax aale under the law aa it
exiated at the time of the tale, and no sub
sequent legislation can give validity to the
right thus acquired as against the original
claimants. The attention tf Congress is
therefore invited to a more mature consi
deration of the measures proposed in these
sections oi tne Din.
In conclusion. I anin arte upon Con
gress the danger of class legislation, so well
calculated to keep the public mind in a
state of uncertain expectation,!ditquiet, and
reatletaneti, and to encourage interested
hopes and fesrs that the National uovern
ment will continue to furnish to clastes of
citizena in the aeveral Statea means for
support and maintenance, regardleas of
whether they pursue a life of indolence or
A . . A.t A
oi labor, and rejttrdlets also et tne contu
tutional limitations of the national autho
rity in timea of peace and tranquility.
'I he bill ia herewith returned to the
Houte of Re preientatives, ia which it oigi
nated for ita final action.
ANDREW JOHNSON.
Washington, July 16, 1866.
men
resentative republics of conferring upon rd by this measure, reference may bo bad
the military in time of peace extraordinary to the " Civil R it-lit a Bill, nnw a law of
powers-Mo carefully guarded againat by the land, and which wilt be faithfully exe
the patriots and atatrtmeo of the earlier cutedaalong as it ahall rtmaia unrepea!
days of the Republic, ao frequently the ed, and may not be declared uacoaatitu
ruin of Governmenta founded upon the tienal by coorta of competent juriteictitn.
time free principle, and subversive of the By that act, it is enacted " that all pertont
rights and liberties of the citizen, the ones born in the United Stiles and not sobiect
tion of practical economy earncttly com to aay foreign power, excluding: Indiana
l..ir .. ii . ... .: r ... ..f C t . . ...
" it-cu m nw coniiiicraiiua i inciouv isicii, are ncriBT uvciareu 10 DC Clli
law makiog power. With an immense Ueaa ol the United States and auch citi
debt atretdy burdeninz the incomes of the! xens of ettry race and color, without re
iadntrial and laboring clastes a Joe regard J gard to any previaus condition of slavery
for their interests, so inseparably connect or involuntary servitude, except as a nun
ed witb the welfare of the country, should iebment far crime, whereof the party shall
prompt, is io rigid economy and retrench nave oeta duly convicted, ibiii bave the
FouTENsst. It is remarked by aome
one that " rxceat of ceremony thowe want
of good breediag.H This is true. Nothing
it more troublesome than overdone polite
neta. it is worse than an overdone beef
ateak. 4 truly well bred tnsn makes every
person around him feel at a eate ; he doet
not throw civilitiet about him with a shovel,
nor toss complimenta in a bundle, at he
would hay with a pitchfork. There is no
evil usder the sun mora intolerable than
ultra politeneaa.
Tho following ia the eonelnioa of aa
epitaph on a tombstone in Katt Teaoeitee:
" She lived in a life of virtue and died of
the cholera morbus, cauied by eating green
iron in me iuii nope oi a oieiscu mmvr
taltty, at the early age of 21 years, 7 months
and 10 days. Header, go thou tod ao mi
wise.
MESS AGE OF THE PRESIDENT ,
The President, on Toeiday the 34th ultimo, sent
the following messags to the Hooas of Represents'
lives:
Tthe XouMofReprttentathitt ,
5 The following "joint resolution restor-r
ing Tennessee to her relations to the'
Union" was last evening presented for roy
approval: , i i
VVhereas, in the year 1861, the govern-'
ment of tne State of Tennease was seized ;
upon and taken postettion of by persons in j
hostility to the Uuited Sutes, aud the in
habitant! of said State, in pursuance of an
act of Congress, were declared to be in a
state of insurrection againat the Uuited
State! ; and whereas said State government
can only be reitored to its former political
relatione in the Union by the consent of the
law-making power of the United grates:
and whereas the people of said State did,
on the 22d ot February, 1865, by: a large
popular vote, adopt and ratify a constitution
of government, whereby slavery was a-s
bolished, and the ordinances ai.d laws of
secession, and debta contracted under the
tame, were declared null and void ; and
whereas a State government has been or-
ganized under said constitution, which has
ratified the amendment to t' Cititutioif .
of the United Statea aboliahmg aUvery,
aUo me amend mefit proposal by in
Ihirtv -ninth I onress;and has done other
acts proclaiming and denoting lyalty:
inrreiore, oe it;
Keolved by the Senate and House of
Representatives of th United States rf
America in CongreK a-rabled, That the
State of Tenwgiiee is hereby restored to
her former proper practical relations to the
IT- J " l . .
vuioa, ana is again entnieu to De repres
ented by Stnatora and Representatives in
iongreaa. ....
The preamble airaply consists of slate -
meats, aome of which are assume! while
the resolution is merely a declaration ol
at m m a . .
opinion, it comprises no legislation, nor
does it confer any porer wbicb is binding
upon the respective Hautes, the Executive,
or the States. & It docs not admit to their
seats in Ccngress the Senators and Rep
resentativea from the State of Tennessee;
or, notwithsunding the passage of the
reaolution, each House, in the exercise of
the constitutional right to judge for itself
of the elections, returns, and qualifications
ol its members, may, at its discration, ad
mit them, er continue to exclude them. If
joint resolution of this character were
necessary and binding aa a condition pre
cedent to the admission ot members of
Congress, it would happen, in the event of
a veto by the Executive, that Senators and
Representative could only be admitted to
the halii of legislation by a two thirds rote
of each of the two Houses.
Among other reatont recited in the pre
amble for the declaration contained in the
resolution is the ratification, by the State
government of Tenneer, of ' the amend
ment to the Constitution of the United
States abolishing slavery, and also the
amendment proposed by the Thirty-ninth
Congress." If, as is- also declared in tho
preamble, " said state gaverq ment can only
be reitored to its former political relations
in the Union by the consent of the law
makiog power of the United States," it
would realty seem to follow that the joint
resolution which at this late day has re
ceived the aanction of Congress should
have been passed, approved, and placed on
the atatute books before any amendment to
the Constitution was submitted to the Leg
istature of Tenneasee for ratification. Oth
erwise, the inference is plainly deducible,
that while, in the opinion of Congress, tho
people of a State may be too stroogly dis
loyal to be entitled to representation, they
may, nevertheless, during the suipennoa
ul their ' former proper practical relations
to the Union," have aa equally potent voice
with other and loyal States in propositions
to amend the Constitution, upon, which o
essentially depend the stability, proiperi
ty, snd very existence of the nation.
A brief reference to my annual message
of the 4th of December latt wUi ahow the
ateps taken by the Executive for the rtato
ratioa to tbtir conititutioo&l relations ta