History of the Thirty-Ninth Congress of the United StatesBarnes, William Horatio
History
History of the Thirty-Ninth Congress of the United States
Barnes, William Horatio
United States -- Politics and government -- 1865-1869; United States. Congress (39th : 1865-1867)
"The fifth section, as amended by the proposition before the Senate,
proposes to confirm the possessory right of the colored people upon
these lands for three years from the date of that order, or about two
years from this time. I like the amendment better than the original
bill; for the original bill left it entirely uncertain what was
confirmed, and of course it is better that we should say one year, or
three years, or ten years, than to leave it entirely indefinite for
what period we do confirm the possession. I have no doubt that General
Sherman had the power, as a military commander, at the time, to set
apart the abandoned lands along the coast as a place in which to leave
the colored people then surrounding his army; but that General Sherman
during the war, or that Congress after the war, except by a proceeding
for confiscation, can take the land permanently from one person and
give it to another, I do not admit; nor did General Sherman undertake
to do that. In express terms, he said that they should have the right
of possession; for what length of time he did not say, for the reason
that he could not say. It was a military possession that he conferred,
and that possession would last only during the continuance of the
military occupation, and no longer. If General Sherman, by his General
Order No. 15, placed the colored people upon the lands along the coast
of South Carolina, Georgia, and Florida, for a temporary purpose, what
was the extent of the possessory right which he could confer? He did
not undertake to give a title for any defined period, but simply the
right of possession. It is fair to construe his order as meaning only
what he could do, giving the right of possession during military
occupancy. Now, sir, the President informs us that the rebellion is
suppressed; that the war is over; that military law no longer governs
in that country; but that peace is restored, and that civil law shall
now govern. What, then, is the law upon the subject? A right of
possession is given by the commanding general to certain persons
within that region of country; peace follows, and with peace comes
back the right of the real owners to the possession. This possession
that the General undertook to give, according to law, could not last
longer than the military occupancy. When peace comes, the right of the
owners return with it. Then how is it that Congress can undertake to
say that the property that belongs to A, B, and C, upon the islands
and sea-coast of the South, shall, for two years from this date, not
belong to them, but shall belong to certain colored people? I want to
know upon what principle of law Congress can take the property of one
man and give it to another.
Public-domain text, read in full here on John Shaqi.
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