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"H BY W. A. LEE AND HUGH WILSON ~a nnpm, 7 ? =- - =? 1 ' T : : ABBEVILLE, S. C., IRIDAY. MARCH 9, 1866. VOLUME XIII/NO.47. Veto ot the frkkbitkitb bureau bill. To the Senate of the United States: I have examined with care tho bill which origin ill t}id Senate, ^pd has; 'been passed by the two Houses of Congress, to amfod in; Afet eutitlad " An Act to ea'ab~l?h a Btireau for the relief of Freedmen and Refugees^" and for other purposes.? llavihg, with much regret, come to the opbolosioti that it would'not :bd consistent with the public, welfare to give.my approval \o tbe igiefcsufdi I returff the bill to the Senate with my objections to its becoming a law. I might call to mind, in advance of theso objections, that there is no immediate necessity for the proposed measure. Tbe Act to establish a Bureau for the relief of fraadmen and rafiicrppn. nliinli wnn nnnrnv. edrfe axonLh of March last, has not yet expired: It was thought stringent and extensive enough for the purpose in view in time of war. Before it ceases to have effect, fut^hej experience may aaeiit to guide us tq ti-yiUB conclusion as to the poling to be adopted, in tira,e of peace. ; *i&fiir<?fcUtf ingress the strongest de-' ire to. secure to the .freednien the full enjoyment of their freedom and the: r property, and their entire independence and equality in making contracts for their labor; but the bill before ma contains provisions which, in my opinion, are not war-* ranted. by (he Constitution, and are not VFelbiMuted to accomplish tbe end m view. The bill proposes to establish, by authority of Congress, military jurisdiction over all parts of the United States containing refugees and freedtnen. It would, by its very nature, apply with most force to theso parts'-of the United States in which the ' freedmen most abound; and it expressly extends the exiBtiner temoorarv jurisdiction O ? ? * of the Freedraen's Bureau, with greatly enlarged powers, over those States, "in which ordinary course of judicial proceedings has been interrupted by the rebellion." The source from which (Lis military juris* diction is to emanute is none other than (he Presided pf the United States, acting through the War Department and the Commissioner of the-Freed men's Bureau. The agejjta to carry out this military jurisdiction are to be seieelod either from the army or from civil life ; the country is to i be divided into districts and sub-districts, and the number of salaried agents to bo employed may be equal to the number of Counties or Parishes in all the Uuited Slates <where freedmen and refugees are to be found. The -eutyecU over which this military jurisdiction to extend ;.io every 'part-of the United States, include protection to "all employees, agents and officers .of this Bureau "In the exercise of the duties im posed" upon tbera by tbe bill. In .eleven States it is further to extend over all cases affecting freedmen and refugees discriminated against " by local law, custom or prejudice." In those eleven States the bill subjects any wliite person who may be charged with ^d^priving a freed man of "any civil rights 4>r immunities belonging to whttepersons" to imprisonment or fine, or bothi1?-without, however, defining tbe "oivil rights and immunities" which are thus to be secured to tl# freedroan by military law. This military jurisdiction also extends to all questions that may arise respecting Tt- ?? - ? - i- - --- - - wuiiauw. A uu n^cuii nuw 13 II) U3 10 exer- I cise tbe office of a military judge may be a stranger, entirely ignorant of tbe laws of tbe place, and exposed to tbe errors of judgment to which all men are liable. Tlie exercise of, power, over which there is no le^s) jqp?rvUion,'by so vast a number of agents aa is contemplated by tbe bill, roust, by the very nature.of man, be attempted by acts of caprice, injustice and passion. Tbe Crisis having their origin under this'bill are to take place without tne intervention of a jury,^d without any fixed rules of law or evidence- The rules on which offel^e^r<^^ J'liw|rd and determined" by tbe num'erous agents, are such rules and r/?gjilstjon? sij jhepresjdenj, through (be War Department, shall pretcribe. No ore vfo&'pi^^linimtHBj^uii^lnoTvaoy ia~ (dictmeift chargipg the commission of. a crime agaiqsi the laws; but the itifrt rauit proceed on charges and apecifioations.? ,^BMup?pj?bi?ept yj)l be?pot what the law ^HpfiaKe?btit such *s a court martial may think proper; and from thpae arbitraryi tribunals, there lie# poappeMt B? writ of error to any of the' eourta in which the ConsiUtutoit of the United St^te# rests exdorifelrtt^udj^^ th^flountiy. * 1 ft1 i actions and offences tb*t are m?de ?nbiept . trf thfc *ftfctifekrt'<Sitet^|We; ibe ^ itt*lf, iliotftj &&&&>? k ^?w, Will t)?r* ap limij^tiog vin <p^td? tft*e,bnt will form a part of tba 'ptVmani^t kgfylal|o^ oantry. I cannot rtconcvc a of * ' . ? -r'-- -*A ?* military jurisdiction of this kind with the word9 of the Constitution, which declares that "no person shall bo held to answer for a capital or otherwiso infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land and naval forces, or in the militia, when in actual'serrfce in time of war or public danger and that " in all criminal prosecution*, tfeo accused shall enjoy the right to a speedy and public trial, by an impartial jury of the Btyite . df "Dialriptt wherein the crime shall havo'been committed." The safeguards which tlio expe~ rience and wisdom of ages taught, .our, fathers' to establish aa -securities for tlio protection of tho innocent, tho puniMmient of tho guilty, and the equal admiuiBtration of justice, are to be set aside, and, for the sake of a more vigorous interposition in behalf of justice, we are to take the risk of the many acts of injustice that would necessarily follow from an almost countless number of agents, established in every Parish or County in nearly a third of the States of the Union, over wbose decisions there is to be no pupervis\6n or control, by the Federal Courts. The power that would be thu9 placed in the hands of the President is such, as in time of peace^ certainly ought neye'f to b^'efttrriated.. to ^ny one man. Xf it be asked whether'-ttte creation oft such a tribunal within a State is wavrantied as a measure of war, the question itnme* diately presents itself, whether we are still j engaged in war. Let us not unnecessarily ] disturb the commerce and credit and industry of the country, by declaring to the American people and to the world ilmt the United States are still in a oondition of civil war. At present, theie is no part of our country in which the authority of the United Slates- is disputed. Offences thai may bo committed by individuals should not work a forfeiture of the rights of whole communities. The country -has returned, or is returning, to ft state of peace and industry, and the rebellion is, in fact, at an end. Tbe measure, thdVefora, seems to he as inconsistent with the actual condition of the country as it is at variance with the Constitution of the United States. If, passing from general considerations, j we examine the bill iu detail, it is open to i weighty objections. Ill timo of war, it is eminently proper that wo should provide for tlio.se who are passing t>ud<Jeii?v from a condition of bondage lo a state of freedom. But this bill proposes to make the Freemen's Bureau, established by the Act of I860, one of many great and extraordinary nt?li<?T measures to suppress a formidable rebellion, a permanent branch of the public administration, with its powers greatly enlarged. I have do reason lo suppose, and I do not understand it to be alleged, that the Act of March, 1865, lias proved deficient for the purpose for which it passed, although at that, and for a consider-* Able period thereafter, ihe Government of the United Slates remained unacknowledged in most of the States whose inhabitants has been involved in the rebellion* She institution of slavery, for the military destruction of which the Freed men's Bureau was called into existent as an auxiliary, has been already effectually and finally abrogated' thoughout the whole country by an amendment of the Constitution of the United State*, and practically its eradication has received the assent and concurrence of moftt of those States in Wliicb It at any time had an existence. I am pot, therefore, able to discern, in the conditio^ of toeoountry, anything to justify an nppre-. hemsion that the powers and agence? of the Freedraen's Burea'i, which were effective for the protection of freedmen and refugees during the actual continuance of hostilities ami _?? t MU Y? allium BOJVIIUUU, will : DOW, . in ft time 'of peace And 'after the abolition of slavery, prove inadequate to the same pro* per ends., Jf I am correct in these views, there can bo nonnecessity for :thei enlargement of the powers of tho Bur&au, for which provision is made in tbe'^ijU / The third section of the bill authorizes a geperal and unlimited grafttqftyipp^rt td the destitute and suffering refogtts . aod freed men, their jvives and child/en., Succeeding sections mnlce provision fo* the rent or purchase of landed estates for freedrpen, and for tlie erection, for their benefit, of suitable buildings for aaylumo* and tchopls?the expense to be'defrayed from the treasury of the whole people. The Congress of tl}9 Unjted ?tpt<j? has never heretofore thought itself empowered to utsblidi inlnmi hfivmid ili? IJmii* ?> -^'7- ?* ?^? . / District of Colntpdia, except for (he benefit ftf'our d?#AW?rf oi4?? and MUora. ft baa peref founded Bcliqpla for any cIrw (of our o*n people?noi even for the orphan# of I tbo** who bare fallen iu the defence of the Union, bat left the care of education to the rrf^ftgiTr I * lVlfcinfr' HIA ??? ?w m much moro compotent and efficient control of the States, of communities, of private as, sociations and of individuals. Ik has never deemed itself authorized to expend the public money for tho rent or purchase of homes for tho thousands, not to say millions, of the white race, who are honestly toiling from day to day, for their subsistence. A system for tlio support of indigent persons in the United States was never contemplated by tho authors of the Constitution ; nor can nny good reason be advanoed why, as a permanent ebtablishment, it Bhould be founded for one class or color of our peoplo more lh?tn another. Pending the war, many refugees and freedmen received support of the government, but it was never intended that they should henceforth be fed, clothed, educated and sheltered by tbe United States. Tbe idea on which the slaves were assisted to freodom was, that, on becoming free, they would be a self-sustaining population. Any legislation that shall imply that they are not expected to attain a self-sustaining condition, must have a tendency injurious alike to their character and their prospects. The Appointment of an agent for every Connty and Parish will crcate an immense patronRge ; and the expense of the numerous officers and their clerks, to ho appointed by the President, will be groat in the beginning, with a tendency steadily to increase. The appropriations asked by the Freed men's Beareau, as now established, for the year 1806, amount to $11,745,000. It may be safely estimated ihnt the cost to be incurred uudor the pending bill will Require double that amount?more than the entire sum expended in any one rear under tho administration of the second Adains. If tho presenco of agents in every Parish and County ia to be considered ns a war measure, opposition, or even resistance, might be provoked ; bo that, to e'tve effect to ihat jurisdiction, troops would Tiave to be stationed within reach of every onf> of them, and thu9 a large standing force be rondered necessary. Large appropriations would, therefore, bo required to sustain and enforce military jurisdiction in every County or Parish from the Potomac to the Rio Grande. The condition of our fiscal affairs is encouraging; but, in order to sustain the present measure of public confidence, it is necessary that wo practice not merely customary economy, but, as far as possible, severo retrenchment. In addition to the objections already stated, the fifth Fection of the bill proposes to take away land from its former owners without any legal proceedings beinjr first had, contrary to that provision of the Constitution which declares that do perso.i eliall " be deprived of life, liberty or property without due process of law." It doea not aupcar that a part of the land to whicj> this section refers may not be owned by minors or persons ot unsound mind, or by those who have been faith/?*! to all their obligations as citizens of the United States. If any portion of the land is held by Bttfb persons, it is no't competent for any authoiity to deprive them of it. If, on the other hand, it bo found that the property is liable to confiscation, even then it cannot be appropriated to public purposes until. by due process of law, it shall have been declared forfeited to the Government. There is still further objection to tho bill, on grounds seriously affecting the class of persons to whom it is designed to bring relief. It will tend to keep the mind of the freedman in a state of uncertain expectation and restlessness, while to those among whom he lives it will be a source of constant and vague apprehension. Undoubtedly the freedman should be protected, but he should be protected by the civil authorities, especially by the exercise of all the constitutional powers of theoourt* of the United States and of tbe States. His condition is not so exposed as may at first be imagined. He is in a portion of the country where hi* labor cannot well be a n n ' d(iiubu. wumjitibuiuu (V>r uia ?jiriuui iroip planters, from those who are constructing or repairing railroads, nod from capitalists in his vicinage or from other Sta?s, will ennblft liim to comrarind almost bit own terms. Ho also possesses a perfect right to change his place of abode, rind if, therefore, he does not find in one community or State a mode of life ftited to bis desires, or proper remuneration for his labor, he ean move to another, where that labor is more esteemed and better, rewarded. Ip, truth, however, each Stale, induced by it* 0*n wants and interests, will <fB what is nece*eary and proper to retain within ite borders *11 the labor that is needed for (he uov9>v>/u<cm? v? iw icouuruei, ID0 IAW1 t1ijt> ig.uifi^#pBpiy ?Bd^emap4 will ntyfe, lain their force, and the wages of the |*r borer will bferegolated/thereby. There is no daage?thal the exceeding great demand for lfcbor will nofc operate in faror of the laborer. * Neither is sufficient consideration given to tlio ability of tlie freedraen to protect and take caro of themselves. It is do more than justice, to them to believe that, as they havo received their freedom with moderation and forbearance, so they will distinguish themselves by their industry and thrift, and soon show tho world that in a condition of freedom they are self-sustaining, capable of selecting their own employment and their own place of abode, of insisting for themselves on a proper remunor' tion, and of establishing and maintaining lueir own asyiuras ana scuoois. It is earnestly hoped that instead of wasting away, tbey will by tbeir own efforts establish for themselves a condition of respectability and prosperity. It is certain that they can attain to that condition only through their own merits and exertions. In this connection, the query presents itself, whether the system proposed by this bill will not, when put into complete operation, practicnlly transfer the entire care, support and control of 4,000,000 of emnn* cipated slaves to agents, overseers or taskmasters, who, appointed at Washington, are to be located io every county and Pnrish throughout the United States containing freed men and refugees. Such a system would inevitably lend to a concentration of power io the Executive, which would enable him, if so disposed, to control the action of. this numerous class, and use them for tho attainment of his own political ends. I cannot but add another grave objection to this hill. The Constitution imperatively declares, in connection with taxation, that each Slate shall have nt least one representative, and fixes the rule for the number to which, in future times, each State shall be entitled. It also provides that the Son nto of tho United States shall be composed of two Senators from each State, and adds, with peculiar force, that no State, without its consent, shall be deprived of its equal suffrage in tho Senate. Tho original Act was necessarily passed in tho ahsenco of the Slates chiefly to be affected, because llieir people were contumaciously engaged in tho rebellion. Now, the case is changed, and aome, at least, of those State*, aro attending Congrcsa by loyal representatives, soliciting the allowance of the constitutional right of representation. At the lime, however, of the consideration and the passing of this bill, there was no Senator or Representative in Csngress from the eleven Slates which are to be mainly affected by ils provisions. The very fact that reports were and are made against the good disposition of the people of that portion of the country, is an additional reason why they need and should have Representatives of their own in Congress to explain their condition, reply to accusations, and assist, by their local knowledge, in the perfecting of measures immediately affecting themselves. While the liberty of deliberation would then be free, and Congress would bare full power to decide according to ita judgment, there could be no objection urged that the Slates 'moal interested had not been permitted to be board. The principle U firmly fixed in the minds of t&e American people that there should be no taxation wituout .representation. Groat burdens have now to b? borne by all tho country, and wo may best demand that they shall be borne without murn.'Uf when they are voted by a majority of tho representatives of the people. I would not interfere with the unquestionable right of Congress to judge, each House for itself, "of the elections, returns and qualifieations of its own members/* But that authority cannot be construed as excluding the right _ ?? k |J - -# .-L - 0?_A_ to suut out, IQ nine 01 pwiw>, ??y ovnvo from the representation to which it it entitled by the Constitution. At present all the people of eleven State* are excluded? those who were roost faithful during tbe w"ar not less tfian the others. The State of Tennessee, for instance, whose authorities engaged in rebellion, was restored to all her constitutional relations to the Union by tbe patriotism and energy of her injured and betrayed people. Before Ihe war was brought to a termination, they had placed themselves in relations with the deneral Government, bud established ? State Government of tbeir own, and, as they were not included in the emancipation proclamation, they, by tbeir own act, had amended theff Constitution so as to abolish sisvery within the limits of tbeir Statfe.' I know bo reaaim why the State of Ten tftssee. fbr example should not fully eoioy " 1! ber oonatitbtional relations to the United 8utea.n The President of the United States standa toward* the country in a somewhat different aUitnde fyom tbat of any member 9f Congress* Baob member of Congress it oboHo iWu>a llngto Distrtct or $t*te; tlijf President ta ebosetr by the peopleof ?U the State*.* As eleven States' /&re not it Ufa time represented in either branch of Congress, it would Beotn to be his duty on all proper occasions to present their just claims to Congress. , There always will be differences of opinion in tho community, nnd individuals may be guilty of transgressions of the law; but the66 do r.ot constitute vulid objections against the right of a State to representation. I would in no wise interfere with the discretion of Congress with regard to the qualifications of members, but I hold it my duty to recommend to you, in the inte: osta of pence and in the interests of Union, the admissiou of every fif afa Ia Wo ?r? >??!%.!!/> ? * U....V ? .w^ukis jyvjunv lugiamilOIl, vritOD, however insubordinate, insurgent, or rebellions its people may have been, it presents itself not only in an attitude of loyalty and harmony, but in the persons of representatives, whose loyalty caunot be questioned under any existing constitutional or legal test. It is plain that an indefinite or permanent exclusion of any part of the country from representation must be attended by a spirit of disquiet and complaint. It is unwise and dangerous to pursue a course of measures which will unite a very large scction of the country against another large section of the country, however much tlio latter may preponderate. The course of emigration, the developments of industry and business, and natural causes, will raise up at the South men as devoted to the Union as those of any other part of the land. Cut if they are all excluded from Congress?if, in a permanent statue, tbey are declared to bo not in full constitutional relations to tbe | country, tbey may think they hare cause to beoome a unit in feeling and sentiment against the Government. Under the political education of the American poeple, tbe idea is inherent and ineradicable that the consent of tbe majority of the wbole people is necessary to secure a willing acquiescence in legislation. The bill under consideration refers to certain of the States as though tbey had not "been fully restored in all the[r Constitutional relations to the Unted States." If they have not, let U9 at once act together to Becure that desirable end at the earliest possible moment. It is hardly necessary j for roe to inform Congress that, in my own judgment, most of those States, so far at lenst as depends upon their own action, have already been fully restored,'and are to be deemed as entitled to enjoy their Constitutional rights as members of the Union. Reasoning from the Constitution itself, and from the actual situation of the country, I feel not only entitled, but bound, to assume that, with the Ftdeanl Courts restored, and those of the several Slates in the full exercise of their functions, the rights and inter* esls of all classes of the people will, with the aid of the military in cases of resistance to the law, be essentially protected against unconstitutional infringement and violation. Should this expectation unhappily fail? which I do npt anticipate? then the Executive ia already fully armed with ihe powers conferred by the Act of March, 1892, establishing the Freedmen's Bureau, and here? after, as heretofore, he can employ tba land and naval forces of the country to suppress insurrection or to overcome obstructions to the laws. In accordance with the Constitution, I return the bill to the Senate, in the earnest hope thata measure involving questions and interest? so important to tho country will not become a law unless, upon deliberate consideration by ilie people, it shall receive the sanction of an enlightened public judgment. ANDREW JOHNSON. Washington, February 10,1800. How to Cu&s a Husband.?A woman, whom her husband used frequently to scold, went to a cunning msn to inquire how she might cure him of his barbarity. The sagacious soothsayer beard her uotnnlflint. on/1 | j-- ? j Miarvi VMVUUVIU^ DUIUO UNIU words, and using various gesticulations, while he filled a phial with colored liquid, desired her, whenever her husband was in a passion, to take a mouthful of the liquor and keep it in her mouth for five minutes. The woman, quite oveijoyed at so simple a remedy, strictly folloWod the counsel which was given ber, and by fcor silence escaped the usual annoyance. The contents of the bottle being at last expended, she returned to the eunniug man and aaxr ! iously begged to have another possessed of this'same ' virtue. "Daughter," said the man,"there was nothing in the bottle but brown sugar and water. When your hus band u-in a portion, bold your tongue, and my life 06 ir, ha wW not tcold you in fa* ture." V * - ?' ' u 1 i Wby is a Nabob like a b?ggar t Becatuo ha'i an Iodytgent. It, 11 *,* me . 1 v R? ?D?a.?No aotertainmant U to oheap aa reading, pSr any pteasuft to listing. * . . ... .. THZ PHILOSOPHY OF 8MOKINO. LECTURE BT Dn. DAII.Y. At tlio Cooper Inslilulo Wednesday evening, the Rev. S. W. Bailey dolivorod a facetious lecture on the "Philosophy of Smoking," designed to provo that the practice was conducive to the growth of democratic ideas and family happiness. There was a good attendanco, and the lecture was entertaining and well received. In the course of the interesting address it was remarked that the advont of the use of to1 f ? .... uaccu gitve uirtn 10 acmoorntio tde^, and that in olden times tobacco had been regarded as a great gift of the great though unknown spirit, and that in later years we heard of smokiug the pipe of peace. Tba regard entertained by the Indians for tobacco was then dwelt upon, and their cus-. toms were humorously referred to. Tho lecturer then called to hia aid, in behalf of tho uae of tho favorite weed, tho great poets of by gono times, who, through their works, etill live among us. Tobacco was declarod at> divine and rare; a sovereign to all desirous of quiotude and peace. The well known ode, by Charlea Lamb, to tobacco, was then quoted in be half of tho almost universal use of tobacco. Tobacco, 6aid the lecturer, is a powerful political agent, it ie loyal to tlio State, and is destructive of despotism; aa well as pro* tective of democratic freedom. The ubo of tobacco was then characterized a choice blessing, and ripened early youth into full grown manhood. Its elating and aspiring qualities were then dilated upon. As a perfect stimulant it was almost unequaled, and it engendered a high tono in social life. The learned lecturer iheii called to his aid the poetical odea of Cowper and others, on. tobacco. Various illustrations were quoted and the whole tenor of th? speakers ideas was in favor of tho free uf.o of the fragrant weed. Tho question aa to how much the world it indebted lo smoking tvaa referred to. It begot real kindliness between the various clawes of society. It was a democratic leveler, and was conducivoof the utmost equality. Mr. BniJey then concluded by a higbly humorous sketch of the various uses to which tobacco was beneGciai, and not, as supposed by some, injurious. The lecturer brought his address to conclusion amid considerable applauso. A Little Story.?A young man in this city has been in the habit visiting the resit dence of a widow lady, who, ? "Liko Jeplitlia, Judge of b>raol, Had a daughter passing fair.'' I The young man was assiduous in his at-| tontions, and was a constant visitor. This notice awoke in the youtig lady's heart tho tender passions, and in her dreams she imagined sho should become l)no wife of her Adonis. Matters kept on in tbo same old way. The young man eontinued bis attentions, and people" began to wiaper among themselves, "A match sure!"' while knowing ones, with a solemn toss of the head, would remark, 11 what did I tell you?"? The young man went to his supposed charmer's house the other evening for the purpose of taking tea. During the meal, the mother asked, "When are y&u and?to he marriod?" The young man leaned back in his chair and coolly remarked that ho had no idea of marrying anybody, and that be arid her daughter were nothing but friends. 11% said he supposed she understood it so all the timo. Tho young lady 11 _ _ A 1 1 ? saiu 1101 a woru, uui rose up, seized tha toapot, which she filled with hot tea, took <offthe lid,and threw4 its boiling contents into bis face, BCnlding himself'severely and leaving an ugly mark; She then furiously ordered him to quit her sight. A Family Wbddi.vo Coat.?The Stanton Spectator, in ibe following, gives an account of a coaf that has proved a verita* ble heir-loom : "Many years since, an old German citi* zen of Pendleton County, when about to lead his fair "frow to the hymeneal alter. t purchased a broad cloth ooat in which ho was married. His wife presented him with * many children, among wbonr were"eight " sons, every one of whom were married in the Bam A mat in wlilnh (h?!r Tattiap J their mother. Tbo youngest of tha sods jlf?j bad seven tons, every one of w^otQ w#r# jg married in the same coat, and after tha j H youngest son 6f the original owner of tib ' U| coat had led bis blushing bride to the aliar 5?| in bis venerable grand-Jpather,a fashion able ^ wadding coat, be sold it for tbe sum of tf& ^ 8i<s| ivu = . i,.. v- '-i'iu- - vwtffwo* it uo? upo UCVUUIO Ul LU9 oom . ince it ?u told we hnve dot been abvtod, ' but ?up{)o4c lljatsomeone h keeping it fox ^ the purposo of gelling ^nrnriod in i>." '4^fhrtAirfcb | "let me tell you facia are atubloru tbingp." S tbew|y(. i Kg i41frb*t ? fact too roust be.M , .:<* ;? m jSHHSB |U| SH KH H