T ,f O A I Ay I.S ' 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