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L.B. 4 Vol 2 69
W27 R.F.& A.L. Vol 14 '69

Bureau of Military Justice
Feby. 6, 1869.

Respectfully returned to the Secretary of War, with the opinion that the educational and bounty, &c., departments of the Freedmens' Bureau must, with the Bureau itself and as a part thereof, cease - by the law as it now stands - to exist on 16th July 1869.  The provision of the Act of July 17th last, continuing in force the existing statutes of 1865 and 1866, (establishing the Bureau,) for one year, is positive and comprehensive in its character; and nothing is found in this act, or in that of August 3d following, to except from the enactment, which embraces the entire institution, any portion or branch of the same.  The special priviso in the Act of July 17th, in regard to the educational division, is deemed to qualify only the general clause preceding it in the section; and the other provisions in regard to the same division, and to the collection and payment of moneys due soldiers, &c., occurring in both acts, are expressly made to depend, for their effect and operation, upon existing laws; and the present effect and operation of such laws is - as has been said - to terminate the Bureau as a whole, and in all its parts, on July 16th next.

File 

One existing law, indeed, vis. the act of July 16th 1866, which is the first to contain an express provision as to the education of freedmen, also expressly limits its provisions in this regard to the life of the Bureau, by enacting that "Whenever the Bureau shall case to exist," the funds previously employed for such educational purposes shall be disposed of in a certain stated manner.  And this limitation must, it is held, be regarded as necessarily contemplated by Congress in the subsequent statutes on the subject.

I have therefore to repeat that, in my opinion, no portion or department of the Bureau can, under existing statues, be legally continued as such, after July 16th net.

J. Holt
Judge Advocate General

R28-366

Con't of Freedmen

[[stamp]]THE NATIONAL ARCHIVES OF THE UNITED STATES [[/stamp]]

Transcription Notes:
L.B. 4 Vol 2 69 W27 R.F.& A.L. Vol 14 '69 Bureau of Military Justice Feby. 6, 1869. Respectfully returned to the Secretary of War, with the opinion that the educational and bounty, &c., departments of the Freedmens' Bureau must, with the Bureau itself and as a part thereof, cease - by the law as it now stands - to exist on 16th July 1869. The provision of the Act of July 17th last, continuing in force the existing statutes of 1865 and 1866, (establishing the Bureau,) for one year, is positive and comprehensive in its character; and nothing is found in this act, or in that of August 3d following, to except from the enactment, which embraces the entire institution, any portion or branch of the same. The special priviso in the Act of July 17th, in regard to the educational division, is deemed to qualify only the general clause preceding it in the section; and the other provisions in regard to the same division, and to the collection and payment of moneys due soldiers, &c., occurring in both acts, are expressly made to depend, for their effect and operation, upon existing laws; and the present effect and operation of such laws is - as has been said - to terminate the Bureau as a whole, and in all its parts, on July 16th next. File One existing law, indeed, vis. the act of July 16th 1866, which is the first to contain an express provision as to the education of freedmen, also expressly limits its provisions in this regard to the life of the Bureau, by enacting that "Whenever the Bureau shall case to exist," the funds previously employed for such educational purposes shall be disposed of in a certain stated manner. And this limitation must, it is held, be regarded as necessarily contemplated by Congress in the subsequent statutes on the subject. I have therefore to repeat that, in my opinion, no portion or department of the Bureau can, under existing statues, be legally continued as such, after July 16th net. J. Holt Judge Advocate General R28-366 Con't of Freedmen [[stamp]]THE NATIONAL ARCHIVES OF THE UNITED STATES [[/stamp]]