Mr. DAVIS. I say they are not. The bill does not make them so. It makes them anything else but a part of the Army. The bill makes them civil of the ers, and it invests them with judicial powers and judicial functions, and with the facu ty of passing judgment and executing that judgmentbetween the citizens of the U.S. It is in the performance of these functions that the Senator has so framed his bill as to authorize the pOTUS to protect the asst commissioners and agents in the exercise of these judicial functions in passing their judgments and in enforcing their judgments. I say it is not comtent, an it is dangerous and wrong, thatany mnch of the magistracy you may call them judges, you may call them asst commissioners under the Freedmens Bureau, or you may call them agents under the Freedmens Bureau that are invested with judicial powers and with the function to pass in judgment upon the rights of citizens, sha l have the power to invoke the military to uphold their unconstitutional and usurped authorit. Sir, the whole jurisdiction with which this bill attempts to invest the ba reau is in direct conflict with the constitution; it is unconstitutional; it invests the bureau with judicial powers when the constitution itself partitions the powers of the Government and assigns the judicial power to another branch exclusively, to the courts established by the Constitution, , and such inferior c ourtsas Congress may from time to time establish. My position isthat no Dept, no magistracy under our Government canexercise judicial functions and powers unless itbe a part of the j udicial branch of the Government; that this bureau in itsasst commissioners and in its agents is clothedwrth judicial power; that this is an unconstitutional and voi investment of power; and for the purpose of enabling this magistrucy to maintain themselves in the exercise of this vmd and unconstitutional investment of judicial power, this provision which I propose to strike out, authorizes the military power of the country to be interposed, and in that sense I move to strike out the clause. I ask for the yeas&nays on my amendment. We may as well have them now as in the Senate. The yeas&nays were ordered; and being taken, resultedyeas 8, nays 31; ABSENT 10. So the amendment was rejected.