SECTION 7. _And be it further enacted_, That, after the appointment of

a candidate recommended by the Board, he shall not be removed except

for good cause, and promotions shall be according to seniority, which

shall be determined in all cases by the dates of the recommendations of

the Board and the rank therein assigned; but it shall be allowable to

make one fifth of the promotions on account of merit irrespective of

seniority.

This bill found an unexpected response from the public press.

The _National Intelligencer_, at Washington, welcomed it.

“The object of this bill commands our entire approval, and

we hope it may equally receive the approval of Congress.

Its passage, more than any other single decision that could

be taken by Congress in the way of needed reforms, would

tend to correct abuses which threaten our whole political

system with wreck and ruin.”

The _Evening Post_, of New York, was equally explicit.

“This bill, if passed, would do away with what has become

one of the most serious vices in our political life, the

‘Spoils system,’ as it has been appropriately called.

Congress should, as soon as possible, provide some rules

for the reformation of this universal evil. The patronage

of the President and his Cabinet officers has increased, is

increasing, and ought to be diminished; it has become, by

the extension of the country, the increase of population

and wealth, and especially through the circumstances of the

present war, so vast as to be dangerous to the nation, if

it should chance to fall into the hands of unscrupulous and

wicked men. But, besides this, it is manifestly impossible

to carry on the immense business of the Government without

extraordinary and ruinous loss and waste, under the old

system of turning out the occupants of civil offices every

four years. The Government thus virtually refuses the

services of trained men, familiar with the office routine.

If we desire public affairs to be administered honestly

and economically, Congress must provide for the numerous

servants of the Government regular grades of promotion,

retention of office during good behavior, and, if possible,

a small retiring pension, which might be arranged in the

shape of an annuity and life insurance combined.”

The New York _Times_ noticed it at length, beginning,--

“Mr. Sumner has introduced a bill into the Senate, which,

owing to the general absorption of the public attention

in the great events which are taking place in the field,

will probably not attract much notice; but it nevertheless

attempts to deal with a matter which is of more importance,

we venture to say, to the stability of this Government

than any other one thing except the extinction of the

Rebellion. It is neither more nor less than a sweeping

measure of administrative reform, obliging all candidates

for situations in the public service to pass an examination

before a board appointed for the purpose, giving them

their offices during good behavior, and with promotion

through the various grades in the order of seniority, and a

retiring pension after a certain term of service.”

The _New Nation_, of New York, said:--

“Mr. Sumner has recently brought a bill in the Senate to

regulate the conditions of admission to public offices of

the highest importance to the country. This bill is based

upon the most equitable, the most sincerely republican,

and the most progressive principles as yet adopted in

any country. We have not sufficient space to review

this project at present. At the first glance we find it

deficient only in one respect, namely, in carrying respect

for seniority to too great an extent. If this bill is

passed, the era of inefficiency and favoritism, hitherto

prevailing, will be at an end.”

The New Bedford _Mercury_ said:--

“Mr. Sumner’s bill will cure the evils of which every

sensible man now complains, and avert the terrible dangers

which menace us. It contemplates a return to the practice

of the better days of the republic, and making that

practice the rule. ‘Is he capable? Is he honest?’ were the

inquiries propounded by Jefferson, when a candidate for

office was named.”

The New York _World_ devoted a leading article to the bill,

which it criticized.

“We had supposed, that, in the opinion of Mr. Sumner,

the disposition to be made of black men came nearest, in

legislative importance, to the crushing out of the Rebels.…

Mr. Sumner’s bill does not touch the evil in our clerical

system. The difficulty is not in want of examination,

classification, promotion, or pension, but springs, in the

first place, out of the manner in which the President,

through the heads of departments, exercises the appointing

power, and, in the next place, out of the conduct of

the clerks themselves, when in office. An examining

board cannot change the general character of the men the

President, directly or indirectly, sends before it.”

These notices show the interest excited by this effort. In the

various labors which occupied Mr. Sumner he was not able to

give it the attention it required. Meanwhile the cause found an

able advocate elsewhere.

The next step was by Hon. Thomas A. Jenckes, of Rhode Island,

who introduced into the House of Representatives, December

20, 1865, a bill “To regulate the Civil Service of the United

States,” which was referred to the Committee on the Judiciary.

Subsequently a special committee was appointed on the Civil

Service of the United States, with Mr. Jenckes as Chairman, and

June 13, 1866, he reported his bill to the House. Then again,

at the next session, he reported another bill, “To regulate the

Civil Service of the United States, and promote the efficiency

thereof,” which he sustained by a forcible and elaborate

speech; but the bill was laid on the table,--Yeas 72, Nays 66.

Other efforts followed at subsequent sessions, but without

success.

* * * * *

Meanwhile, in the Senate, on motion of Mr. Trumbull, of

Illinois, March 3, 1871, the following section was attached to

the General Appropriation Bill, then pending:--

“That the President of the United States be, and he is

hereby, authorized to prescribe such rules and regulations

for the admission of persons into the Civil Service of the

United States as will best promote the efficiency thereof,

and ascertain the fitness of each candidate, in respect

to age, health, character, knowledge, and ability, for

the branch of service into which he seeks to enter; and

for this purpose the President is authorized to employ

suitable persons to conduct said inquiries, to prescribe

their duties, and to establish regulations for the conduct

of persons who may receive appointments in the Civil

Service.”[341]

Under this provision President Grant appointed the following

Commissioners: George William Curtis, of New York; Alexander G.

Cattell, of New Jersey; Joseph Medill, of Illinois; and Dawson

A. Walker, E. B. Elliott, Joseph H. Blackfan, and David C. Cox,

of the District of Columbia: who, after careful consideration

during the summer and autumn, submitted a report December 18,

1871, with a schedule of rules and regulations, all of which

was promptly communicated to Congress by the President.

COLORED SUFFRAGE IN WASHINGTON.

REMARKS IN THE SENATE, ON BILLS TO AMEND THE CITY CHARTER, MAY 12, 26,

27, 28, 1864.

February 13th, Mr. Harlan, of Iowa, asked, and by unanimous

consent obtained, leave to bring in a bill to amend section

five of an Act entitled “An Act to continue, alter, and amend

the charter of the city of Washington,” approved May 17, 1848,

and further to preserve the purity of elections and guard

against the abuse of the elective franchise, by a registration

of electors for the city of Washington, in the District of

Columbia; which was read the first and second time, and

referred to the Committee on the District of Columbia.

March 8th, Mr. Dixon, from the Committee, reported the bill

without amendment.

March 17th, the bill was taken up and amended in unimportant

particulars.

May 6th, it was again taken up, when, after an amendment moved

by Mr. Dixon, Mr. Cowan, of Pennsylvania, moved to amend the

bill in the first section by inserting the word “white” before

the word “male,” so as to confine the right of voting in

Washington to white male citizens. Mr. Sumner said at once, “I

hope not.” Mr. Cowan then spoke in favor of his amendment.

May 12th, Mr. Cowan remarked that the bill “would have the

effect, in some cases, of admitting negroes to the right of

suffrage, which, I may say, is obnoxious to the vast bulk of

the people of the Border States.” Mr. Harlan would vote for Mr.

Cowan’s amendment, “first, because it is manifest to the Senate

that the bill, without that provision in it, cannot now become

a law.” Mr. Willey, of West Virginia, spoke elaborately against

colored suffrage, winding up with this interrogatory: “Shall

we, without any petitions from the people of this District,

without anything before the Senate to indicate that this

bill, in any of its parts, is required by the people of this

District, undertake to say, of our own volition, that we will

impose upon them a provision which is odious to them, and will,

in my estimation, be disastrous in its results, not only here,

but in its influence on popular opinion everywhere in this

nation?”

Mr. Sumner followed.

MR. PRESIDENT,--Slavery dies hard. It still stands front to front

with our embattled armies, holding them in check. It dies hard on

the battle-field. It dies hard in the Senate Chamber. We have been

compelled during this session to hear various defences of Slavery,

sometimes in its most offensive forms. Slave-hunting has been openly

vindicated. And now, to-day, the exclusion of colored persons from the

electoral franchise, simply on account of color, is openly vindicated,

and the Senator from West Virginia, newly introduced into this Chamber

from a State born of Freedom, rises here to uphold Slavery in one of

its meanest products.

MR. WILLEY. Mr. President, I cannot pass that assertion

without giving it an unequivocal, categorical denial. I have

not vindicated Slavery in any of its aspects. I said to the

Senator, what perhaps he did not hear before, that, when he has

liberated by the sweat of his brow as many slaves as I have, he

can get up and make such a remark in regard to me.

MR. SUMNER. I said, Sir, that the Senator vindicated Slavery in

one of its meanest products. I repeat what I said. The Senator has

spoken, I do not know how long by the clock, to vindicate an odious

prejudice bequeathed by Slavery, having its origin in Slavery, and in

nothing else. Had Slavery never existed among us, there would have

been no such prejudice as that of which the Senator makes himself the

representative. Far better would it be for that Senator, who comes

into this Chamber as the representative of a new-born free State, had

he surrendered generously to the sentiment in which West Virginia had

its birth. But, instead, he comes forward and labors with unwonted

earnestness to perpetuate at the national capital an odious feature

derived from Slavery. The Senator says he has not vindicated Slavery.

If he has not used the word, he has vindicated the thing, in one of

its most odious features. He seeks to blast a whole race merely on

account of color. Would he ever have proposed such injustice, but for

the prejudices nursed by Slavery? Had not Slavery existed, would any

such idea have found place in a Senator naturally so generous and

humane? No, Sir,--he spoke with the voice of Slavery, which he cannot

yet forget. He spoke under the unhappy and disturbing influences which

Slavery has left in his mind.

Now, Sir, I am against Slavery, wherever it shows itself, whatever form

it takes. I am against Slavery, when compelled to meet it directly;

and I am against Slavery in all its products and its offspring. I

am against Slavery, when encountering the beast outright, or only

its tail. The prejudices of which the Senator makes himself the

representative to-day, permit me to say, are nothing but the tail of

Slavery. Unhappily, while we have succeeded in abolishing Slavery in

this District, we have not yet abolished the tail; and the tail has

representatives in the Senate Chamber, as the beast once had.

We have been reminded that we are engaged in a fearful conflict. The

Senator has reminded us of it. Senators nearer to me have reminded us

of it. This is too true; and now, as that conflict lowers, I invoke the

spirit of our fathers. They went forth to battle with the Declaration

of Independence on their lips, solemnly declaring that all men are born

equal, entitled to life, liberty, and the pursuit of happiness. They

introduced no discrimination of color into that sacred text, nor into

the contemporary Articles of Confederation, nor into the Constitution

of the United States, which was the work of their hands. I am content

to be guided by their example. As they went forth to meet the enemy,

they placed themselves under the protection of the God of Justice. Let

us imitate them.

I had not intended to say a word on this occasion; but I could not

listen to the remarks of the Senator, so harsh and unfeeling toward

a whole race, belonging to the human family, like himself, without

interposing a solemn protest.

Since this debate began, I have sent to the Law Library for a volume

containing the authoritative words of a distinguished Southern

jurist, a slaveholder, with regard to the electoral franchise. It has

been a question, in what States, at the time of the adoption of the

Constitution, colored persons enjoyed this franchise. I say nothing

now about the more northern States; but there is a State, sometimes

referred to, with regard to which there is peculiar evidence: I mean

North Carolina. The enjoyment of the electoral franchise by colored

persons in that State for a long time after the Constitution is not

a matter of doubt. Her most eminent magistrate, the late Mr. Justice

Gaston, accomplished as a jurist and as a man, whom I remember well in

most agreeable personal intercourse, laid down the law of his State in

emphatic words. Pronouncing the opinion of the Supreme Court of North

Carolina in the case of _The State_ v. _Manuel_, in 1838, he said:--

“Slaves manumitted here become freemen, and therefore, if born

within North Carolina, are citizens of North Carolina; and all

free persons born within the State are born citizens of the

State.… The Constitution extended the elective franchise to

every freeman who had arrived at the age of twenty-one and paid

a public tax; _and it is a matter of universal notoriety, that,

under it, free persons, without regard to color, claimed and

exercised the franchise, until it was taken from free men of

color a few years since by our amended Constitution_.”[342]

There is still another case, that of _The State_ v. _Newsom_, which

was decided in 1844, where the Supreme Court of North Carolina, after

citing the opinion of Judge Gaston from which I have just read,

proceeds:--

“That case underwent a very laborious investigation, both by

the bar and the bench.… The case was brought here by appeal,

and was felt to be one of great importance in principle. It was

considered with an anxiety and care worthy of the principle

involved, and which gave it a controlling influence and

authority on all questions of a similar character.”[343]

Therefore not hastily or carelessly did the Supreme Court of North

Carolina declare colored persons to be voters under the State

Constitution.

Such was the constitutional law of North Carolina, fashioned by our

fathers under the influence of the Declaration of Independence. Sir, I

am content with that law. I do not think the Senator from Pennsylvania

[Mr. COWAN], though he represents a Northern State, can mend that law

from a Slave State. Nor do I think that any of us on this floor can

feel humbled, if our judgment is postponed to that of Judge Gaston

of North Carolina, who did not hesitate to declare positively the

constitutional law of human rights, by virtue of which colored persons

are citizens. And if they are citizens, how can you deny them the

electoral franchise?

I am content to leave the question here, adding, that, as I understand

it, I shall deem it my duty to vote against all propositions creating

any discrimination of color. At this moment of revolution, when our

country needs the blessing of Almighty God and the strong arms of all

her children, this is not the time for us solemnly to enact injustice.

In duty to our country, and in duty to God, I plead against any such

thing. We must be against Slavery in its original shape, and in all its

brood of prejudice and error.

This bill was never considered again; but the question of

colored suffrage in Washington reappeared.

May 24th, Mr. Wade, from the Committee on the District of

Columbia, reported a joint resolution to amend the charter of

the city of Washington, which was read twice and considered

as in Committee of the Whole. In reporting it, he said: “It

relates to the registration of voters; and if it is to be

passed at all, it ought to be passed immediately. I believe

there is no objection to it. It alters none of the present

qualifications of voters, but improves the present law as to

registration, which is very defective.”

May 26th, the consideration of the joint resolution was

resumed, when Mr. Sumner said:--

Examining this joint resolution, I find that it is entitled “A

Resolution to amend the charter of the city of Washington.” In that

aspect it is important. Looking into it, I find the provision,--

“That, in case any person shall offer and claim the right to

vote at any election held in the city of Washington, whose

name is not registered, his name shall be registered by the

Commissioners of Election upon the terms and conditions

following.”

It will be observed that the language is very broad. It is applicable

to any person who shall offer and claim the right to vote at any

election; and his name shall be registered upon certain specified

conditions. The first condition is, that he shall take a certain

oath; and if unable to understand the English language, it is further

provided that the oath shall be interpreted to him: so that this clause

actually contemplates that certain persons shall be registered who do

not speak the English language. It then proceeds:--

“If in his answers on oath he shall state positively that he

has resided in the city one year next preceding the day of said

election, designating particularly the place of his residence,

and that he possesses the other qualifications of an elector,

and if, furthermore, some qualified elector of the city, not

a candidate for any office at that election, shall take an

oath before said Commissioners, which any one of them may

administer, that he is well acquainted with such applicant,

that he is, in fact, a resident in the city, and has been one

year next previous to such election, and that he (qualified

elector) has good reason to believe, and does believe, that all

the statements of such applicant are true, the Commissioners

shall cause his name to be registered by their clerk, and shall

then receive the vote of said applicant.”

Now it is at once perceived from these words, that they are directly

applicable, in the first place, to any person who shall offer and

claim the right to vote at an election; but, after taking the oath,

he is to show residence for a certain term in the city, and also that

“he possesses the other qualifications of an elector.” What are “the

other qualifications of an elector”? I presume, if we go back to the

original charter, we shall find it is that qualification which, as I

said the other day, is the tail of Slavery,--that discrimination of

color left to us, unhappily, by the former presence of Slavery in the

national capital. I know not if the Committee propose to keep alive

that ancient and odious discrimination; but it seems to me, that, if

the language of this joint resolution be interpreted according to its

natural signification, and certainly as such language is apt to be

interpreted here in Washington, it must operate to the exclusion of

persons not of the favored color. I know my friend from Ohio does not

contemplate such exclusion; but a joint resolution to amend the charter

of the city of Washington ought to be made clear, and also in that

respect unobjectionable; it ought not to be the means of continuing and

of extending that odious discrimination. I therefore propose to amend

it by adding these words:--

“_Provided_, That there shall be no exclusion of any person

from the register on account of color.”

* * * * *

Mr. Wade was in favor of colored suffrage; but the Committee,

in reporting this measure, did “not contemplate going into the

question of the right of suffrage, or extending that right

beyond those who are at present authorized to exercise it. It

does not widen the suffrage; it does not narrow it.”

Mr. Sumner began a reply to Mr. Wade.

MR. PRESIDENT,--The argument of my friend from Ohio was, that the

measure now before the Senate is temporary in its character. That

is inconsistent with the title of the joint resolution, which is as

follows.

MR. WADE. Let me explain. I say temporary, because we all

know that there is a bill fixing the right of voting, that, I

suppose, is intended as a permanent law. This is temporary in

that view. That is all I meant.

MR. SUMNER. That certainly will not justify my friend in his argument,

for on the face of it this is permanent. It is as permanent as anything

else in the existing charter. Its title is, “A Resolution to amend the

charter of the city of Washington.” When this is done, what assurance

has my friend that anything else will be done? There is a bill on our

tables. How many other bills are there on other matters which we may

not reach during this session, or, if we reach, on which we cannot

expect harmonious votes in the two Houses!

Here Mr. Sumner was interrupted by the Tax Bill, which was the

order of the day.

May 27th, Mr. Sumner resumed.

I was interrupted yesterday by other business, called up while I was

replying to my friend from Ohio [Mr. WADE]. I did not propose any

extended reply.

It is with pain that I differ from friends. But with me there is no

choice. Here is a measure which opens the whole question of suffrage

in the national capital, and assumes the form of amendment to the

charter of the city of Washington. It provides that certain persons

shall be registered, including even those who cannot speak English; but

in positive terms _it continues and keeps alive the old rule founded

on color_. Now, Sir, I cannot sanction any such rule directly or

indirectly.

But it is said, that, in pressing my amendment, the original

proposition may be lost. This I shall regret much; for I desire its

passage sincerely. But I can see no reason why a discrimination of

color should be made in the bill, or in our proceedings. If white

persons are kept out of their rights, so are colored persons; and I

would ask my friend from Ohio, Which has been kept out the longest? I

am for the rights of both, to the end that we may have at last in the

national capital _Equality before the law_.

We are shocked daily by the report of outrages upon colored persons.

In Tennessee a colored woman has been murdered under the lash. Near

Fortress Monroe another colored woman has been cruelly treated under

the lash. This must be stopped. But I know no way so effective as to

set an example of justice and humanity. If we sanction slave-hunting,

if we disregard the rights of colored persons, if we treat them as

inferior in condition, unhappily, Sir, there are others who will follow

our example, and add a vindictive cruelty.

Therefore, insisting upon the rights of colored persons here, I insist

upon their rights everywhere. Nor do I see how I can abandon their

rights here without abandoning them everywhere. We are Senators of the

United States, bound to consider the whole country in all its extent,

and to do nothing here which shall do mischief elsewhere; nor can we

yield to any local pressure, or any imagined local interests, and thus

forget the cause of justice.

It is vain to say that this measure is temporary; for, in plain terms,

it undertakes to amend the charter of Washington. It is vain to say,

also, that there is another bill now on your calendar regulating this

whole question. Who can say that this bill will become a law? Ay, Sir,

who can say, that, in the hurried hours of these closing days of a

weary session, the bill will even be considered again? And yet on these

grounds we are asked to abandon the present assertion of the rights of

colored persons. If the bill conferring these rights can pass, so also

can the present measure. If it be practical to assert these rights on

one bill, it is equally practical to assert them on another, where such

assertion is germane. It only remains that Senators should stand firm.

For myself, I will not sanction injustice; nor will I miss any

opportunity of asserting the rights of an oppressed race. I may be

alone; but, to the extent of my powers, I mean to be right.

Mr. Morrill appealed to Mr. Sumner to withdraw his opposition,

saying: “Now, as a question of practical statesmanship, I

submit to my honorable friend whether it is not the part of

wisdom to say we will do this now and we will consider the

other question when it comes up.” Mr. Harlan moved to amend by

adding, “who have borne arms in the military service of the

United States, and have been honorably discharged therefrom.”

This amendment, limiting Mr. Sumner’s proposition, was agreed

to,--Yeas 26, Nays 12.

May 28th, Mr. Sumner spoke again, and adduced the details of

the recent outrage in Tennessee, saying, in conclusion:--

We all feel, Sir, the brutality of this act. It was done by a white

man on the person of a colored woman. Would he have been the author

of such a brutality, had the woman been white? No; because she was

black, he thus insulted human nature, and performed an act never to

be read without a blush that he is a member of the human family. And

how are we to discountenance such acts? Is it by keeping alive this

odious discrimination of color, by imparting to it the sanction of

law, by investing it with the authority of this Chamber? I appeal to

you, Senators, as men of humanity, do not continue a discrimination,

which, proceeding from this Chamber, must exercise a far-reaching

influence. It is not simply the question of a few voters more or less

in the District, but it is a question of human rights everywhere

throughout this land, involving the national character and its good

name forevermore.

Again, in reply to Mr. Reverdy Johnson, Mr. Sumner said:--

But the Senator thinks that I am not logical, because I quote an

outrage in Tennessee having its origin in the prejudice of color, and

insist that here in this Chamber we shall not found legislation on

a prejudice of color. Sir, I submit the question to the judgment of

the Senate: Am I illogical, or is the Senator so? I insist, Sir, that

you cannot sanction injustice here, especially you cannot sanction a

prejudice founded on color, without quickening that prejudice, and

sustaining it, wherever it now unhappily exists throughout our whole

country.

At the next stage of the joint resolution, the question

recurred on concurring with the amendment in Committee of the

Whole:--

“_Provided_, That there shall be no exclusion of any

persons from the register, on account of color, who have

borne arms in the military service of the United States,

and have been honorably discharged therefrom.”

And it was rejected,--Yeas 18, Nays 20. The joint resolution

was then passed.

And so this second battle for colored suffrage was lost.

VOTE OF BOTH HOUSES OF CONGRESS NECESSARY TO READMISSION OF REBEL

STATES.

RESOLUTION IN THE SENATE, MAY 27, 1864.

The Senate having under consideration the credentials of

certain claimants as Senators from Arkansas, Mr. Sumner offered

the following resolution:--

_RESOLVED_, That a State pretending to secede from the Union, and

battling against the National Government to maintain this pretension,

must be regarded as a Rebel State, subject to military occupation,

and without title to representation on this floor, until it has been

readmitted by a vote of both Houses of Congress; and the Senate will

decline to entertain any application from any such Rebel State, until

after such vote of both Houses of Congress.

June 13th, on motion of Mr. Sumner, the resolution was referred

to the Committee on the Judiciary, at the same time with a

joint resolution by Mr. Lane, of Kansas, recognizing the

existing government of Arkansas, and also the credentials of

the claimants as Senators.

June 27th, Mr. Trumbull from the Committee reported adversely

on all these references.

The requirement of this resolution was affirmed by the Senate,

when it adopted the amendment of Mr. Gratz Brown to the

Reconstruction Bill of the House, July 1st,[344] and it became

a corner-stone of Reconstruction.

NO TAX ON BOOKS.

REMARKS IN THE SENATE, ON AMENDMENT OF THE INTERNAL REVENUE BILL, JUNE

2 AND 6, 1864.

The Senator from New York [Mr. MORGAN] has proposed the exemption of a

class of hospitals. I am in favor of his proposition. It is not now,

however, under discussion. In similar spirit I move to strike out, on

the one hundred and thirty-fifth page, lines two hundred and twelve,

two hundred and thirteen, and two hundred and fourteen, as follows:--

“On all printed books, magazines, pamphlets, reviews, and all

other similar printed publications, except newspapers, a duty

of five per cent _ad valorem_.”

I make one remark on this tax. We do not tax wheat or corn, because

they are the staff of life. In my judgment, a tax on books is less

defensible than a tax on wheat or on corn. I believe books are the

staff of life; and I believe that our country would do itself honor,

if at this moment, when imposing a heavy tax upon all things, it

deliberately exempted books. The tax proposed is applicable to all

books,--books for family reading, for the library, and also for the

school. All that we can get from the tax will be very small indeed. It

will not add sensibly to the Treasury, but it will impose a burden upon

knowledge. I hope, therefore, that the Senate will strike the words out.

The motion was rejected.

At the next stage of the bill Mr. Sumner renewed his motion to

strike out the tax on books, and then said:--

MR. PRESIDENT,--I am sorry to occupy the attention of the Senate, even

for a moment, especially at this late stage of a protracted debate.

But I feel that the question which I have presented is not adequately

appreciated. I venture to say, that, in point of principle, few

questions of equal importance have arisen on this bill.

The tax on books is peculiar, and, so far as I know, without precedent

in other countries. In England paper has been taxed, but books not;

here paper is to be taxed, and books too. For instance, there is to be

a tax of three per cent on paper, and then five per cent additional on

books, making a sum-total of eight per cent on books.

The tax of three per cent on paper seems contrary to sound policy.

But the additional tax of five per cent on books is more indefensible

still. I have already likened it to a tax on wheat or flour or bread,

which you do not think of imposing. More than either of these is a book

“the staff of life.” It may be likened also to a tax on the light of

day, like the English window-tax, which you do not think of imposing.

Better shut out the light of day than the light of books.

The book in some cases may be a luxury, but in most cases it is a

necessary, while always the handmaid of civilization. It is for all

ages and all conditions,--for young and old, for rich and poor, for the

family circle as well as the library,--but it is especially for the

school. In all these places you will enter and demand eight per cent on

every book. Every book, if it had a voice, would repel the demand.

Why not be instructed by the example of England, when taxing

everything taxable? Read the extensive list of articles taxed at the

period of most searching and wide-spread taxation, and you do not find

books. Read that marvellous enumeration made by the genius of Sydney

Smith, and you do not find books.

“Taxes upon every article which enters into the mouth, or

covers the back, or is placed under the foot; taxes upon

everything which it is pleasant to see, hear, feel, smell,

or taste; taxes upon warmth, light, and locomotion; taxes

on everything on earth and the waters under the earth, on

everything that comes from abroad or is grown at home; taxes

on the raw material; taxes on every fresh value that is added

to it by the industry of man; taxes on the sauce which pampers

man’s appetite, and the drug that restores him to health,--on

the ermine which decorates the judge, and the rope which hangs

the criminal,--on the poor man’s salt, and the rich man’s

spice,--on the brass nails of the coffin, and the ribbons of

the bride,--at bed or board, couchant or levant,--we must pay.

The school-boy whips his taxed top; the beardless youth manages

his taxed horse with a taxed bridle on a taxed road; and the

dying Englishman, pouring his medicine which has paid seven

per cent into a spoon that has paid fifteen per cent, flings

himself back upon his chintz bed which has paid twenty-two per

cent, and expires in the arms of an apothecary who has paid a

license of a hundred pounds for the privilege of putting him to

death. His whole property is then immediately taxed from two

to ten per cent. Besides the probate, large fees are demanded

for burying him in the chancel; his virtues are handed down

to posterity on taxed marble; and he is then gathered to his

fathers, to be taxed no more.”[345]

A passage so exquisite in wit and language is seasonable here,

especially when considering what shall be taxed; but I ask you to bear

in mind that the English tax-gatherer never laid his hand on a book.

Everything else he might touch,--a book never.

And yet in our country it is proposed to tax books. This is the land of

public schools, where you boast that education, like justice, is free

to all at the common cost. But a tax on books is in direct conflict

with this beautiful principle. Every argument for free schools pleads

also for free books,--at least for freedom from taxation. It will be

a curious inconsistency to rear the school-house, often costly, where

every child is welcomed without charge, and then compel him to pay a

tax of eight per cent on every book he carries in his satchel.

There is one term which fitly characterizes this tax. It is a term

adopted abroad, but more justly applicable to a tax on books than

to any other tax: I mean _a tax on knowledge_. Such is the tax now

proposed. And this tax, which cannot be named without awakening just

condemnation, you are asked to make an American institution. After long

struggle in England, the various _taxes on knowledge_ are abandoned. I

hope that our country, representative and defender of liberal ideas,

will not commence a system which modern civilization has disowned.

I ask for the yeas and nays.

The motion was lost,--Yeas 8, Nays 19.

CREATION OF THE FREEDMEN’S BUREAU: A BRIDGE FROM SLAVERY TO FREEDOM.

SPEECHES IN THE SENATE, ON BILLS AND CONFERENCE REPORTS CREATING A

BUREAU OF FREEDMEN, JUNE 8, 14, 15, 1864, AND FEBRUARY 13, 21, 22, 1865.

March 1, 1864, after debate on different days in February, the

House of Representatives adopted a bill to establish a Bureau

of Freedmen’s Affairs.

March 2d, in the Senate, this bill was referred to the

Committee on Slavery and Freedmen, of which Mr. Sumner was

Chairman.

May 25th, Mr. Sumner reported the bill to the Senate with

a substitute. The intermediate period was occupied by the

Committee in a careful and laborious consideration of the

whole subject, involving the question of power proper for the

Bureau, whether it should be placed in the War Department or

in the Treasury Department, which already had the care of

abandoned lands. No less than nine different projects were

laid before the Committee, some by eminent citizens interested

in the freedmen, among whom were Hon. Robert Dale Owen, of

Indiana, Hon. John Jay, of New York, and Edward L. Pierce, of

Massachusetts. The House bill was not satisfactory. Mr. Owen

said, in a letter dated March 8th, “In my judgment the bill of

the House will not work.”

The bill reported by Mr. Sumner was drafted by him, and adopted

by the Committee. It was in ten sections, and began with these

words: “That an office is hereby created in the Treasury

Department, to be called the Bureau of Freedmen, meaning

thereby such persons as have become free since the beginning of

the present war.”

June 8th, the Senate proceeded to consider the bill, when Mr.

Sumner explained and vindicated it.

MR. PRESIDENT,--The Senate only a short time ago was engaged for a week

considering how to open an iron way from the Atlantic to the Pacific.

It is now to consider how to open a way from Slavery to Freedom.

I regret much that only thus tardily we are able to take up the bill

for a Bureau of Freedmen. But I trust that nothing will interfere with

its consideration. In what I have to say, I shall confine myself to a

simple statement. If I differ from others, I beg to be understood it is

in no spirit of controversy and with no pride of opinion. Nothing of

the kind can enter justly into any such discussion.

I shall not detain the Senate to set forth the importance of this

measure. All must confess it at a glance. It is clearly a charity and a

duty.

By virtue of existing Acts of Congress, and also under the Proclamation

of the President, large numbers of slaves have suddenly become free.

These may be counted by the hundred thousand. In the progress of

victory they will be counted by the million.

As they derive their freedom from the United States, under legislative

or executive acts, the National Government cannot be excused from

making such provisions as may be required for their immediate

protection and welfare during the present _transition period_. The

freedom conferred must be rendered useful, or at least saved from being

a burden. Reports, official and unofficial, show the necessity of

action. In some places it is a question of life and death.

It is superfluous to quote at length from these reports, while all

testify alike, whether from Louisiana, South Carolina, Fortress Monroe,

Vicksburg, Tennessee, or Arkansas. I know not where the call is most

urgent. It is urgent everywhere; and in some places it is the voice of

distress.

Wherever our arms have prevailed, the old social system has been

destroyed. Masters have fled, and slaves have assumed a new character.

Released from former obligations, and often adrift in the world,

they naturally look to the prevailing power. Here, for instance, is

testimony which I take from an excellent report in the department of

Tennessee, under date of April 29, 1863:--

“Negroes, in accordance with the Acts of Congress, free on

coming within our lines, circulated much like water; the task

was to care for and render useful.

“They rolled like eddies around military posts; many of the

men employed in accordance with Order No. 72, district West

Tennessee; women and children largely doing nothing but eating

and idling, the dupes of vice and crime, the unsuspecting

sources of disease.”

From this statement Senators may form an idea of the numbers seeking

assistance.

The question is often asked as to the disposition of those persons to

labor. Here, also, the testimony is explicit. I have in my hand the

answers from different stations on this point.

“QUESTION. ‘What of their disposition to labor?’

“ANSWER. _Corinth._ ‘So far as I have tested it, better than I

expected; willing to work for money, except in waiting on the

sick. One hundred and fifty hands gathered five hundred acres

of cotton in less than three weeks, much of which time was bad

weather. The owner admitted that it was done more quickly than

it could have been done with slaves. When detailed for service,

they generally remained till honorably discharged, even when

badly treated. I am well satisfied, from careful calculations,

that the contrabands of this camp and district have netted

the Government, over and above all their expenses, including

rations, tents, &c., at least $3,000 per month, independent of

what the women do, and all the property brought through our

lines from the Rebels.’

“_Cairo._ ‘Willing to labor, when they can have proper motives.’

“_Grand Junction._ ‘Have manifested considerable disposition to

escape labor, having had no sufficient motives to work.’

“_Holly Springs and Memphis._ ‘With few exceptions, generally

willing, even without pay. Paid regularly, they are much more

prompt.’

“_Memphis._ ‘Among men better than among women. Hold out to

them the inducements, benefit to themselves and friends,

essential to the industry of any race, and they would at once

be diligent and industrious.’

“_Bolivar._ ‘Generally good; would be improved by the idea of

pay.’”

Here, also, is a glimpse at Newbern, North Carolina, under date of

February 26, 1864:--

“Immediately on my return here, on the 12th of October, I

instituted measures for placing the different abandoned

plantations within our lines in this State under proper

management and cultivation. As soon as it became known, that,

as supervising Treasury agent, I had charge of this property, I

was visited by hundreds (and I might correctly say thousands)

of contrabands, along with numerous white persons, desiring to

obtain privileges to work upon the same.”

And here is the testimony of General Banks, in Louisiana:--

“Wherever in the department they have been well treated and

reasonably compensated, they have invariably rendered faithful

service to their employers. From many persons who manage

plantations I have received the information that there is no

difficulty whatever in keeping them at work, if the conditions

to which I have referred are complied with.”

I do not quote further, for it would simply take time. But I cannot

forbear adding that the report from the Commissioners on Freedmen,

appointed by the Secretary of War, accumulates ample testimony on this

head, all showing that the freedmen are anxious to find employment.

Your Treasury testifies to their productive power, for it contains at

this moment more than a million dollars which have come from the sweat

of freedmen.

It is evident, then, that the freedmen are not idlers. They desire

work. But, in their helpless condition, they have not the ability

to obtain it without assistance. They are alone, friendless, and

uninformed. The curse of Slavery is still upon them. Somebody must

take them by the hand,--not to support them, but simply to help them

obtain the work which will support them. Thus far private societies in

different parts of the country, at the East and the West, especially

at all the principal centres, have done much toward this charity.

But private societies are inadequate to the duties required. The

intervention of the National Government is necessary. Without such

intervention, many of those poor people, freed by our acts in the

exercise of a military necessity, will be left to perish.

The service required is too vast and complex for unorganized

individuals. It must proceed from the National Government. This alone

can supply the adequate machinery, and extend the proper network of

assistance, with the proper unity of operation. The National Government

must interfere in the case, precisely as in building the Pacific

Railroad. Private charity in our country is active and generous; but it

is powerless to cope with the evils arising from a wicked institution;

nor can it provide a remedy, where society itself is overthrown.

There are few who will not admit that something must be done by the

Government. Cold must be the heart that could turn away from this call.

But whatever is done must be through some designated agency; and this

brings me to another aspect of the question.

The President in his Proclamation of Emancipation has used the

following language: “I recommend to them,”--that is, to the

freedmen,--“that in all cases, when allowed, they labor faithfully

for reasonable wages.” Such is the recommendation from that supreme

authority which decreed Emancipation. They are to labor, and for

reasonable wages. But the President does not undertake to say how this

opportunity shall be obtained,--how the laborer shall be brought in

connection with the land, how his rights shall be protected, and how

his new-found liberty shall be made a blessing. It was enough, perhaps,

on the occasion of the Proclamation, that the suggestion should be

made. Faithful labor and reasonable wages: let these be secured, and

everything else will follow. But how shall they be secured?

Different subjects, as they become important, are committed to special

bureaus. I need only refer to Patents, Agriculture, Public Lands,

Pensions, and Indian Affairs,--each under the charge of a separate

Commissioner. Clearly, the time has come for a Bureau of Freedmen.

In speaking of this agency, I mean a bureau which will be confined

in operation to the affairs of freedmen, and not travel beyond this

increasing class to embrace others, although of African descent. Our

present necessity is to help those made free by the present war; and

the term “freedmen” describes sufficiently those who have once been

slaves. It is this class we propose to help during the _transition

period_ from Slavery to Freedom. Call it charity or duty, it is sacred

as humanity.

And here a practical question arises with regard to the department in

which this bureau should be placed. There are reasons for placing it in

the War Department, at least during the war. There are other reasons

for placing it in the Department of the Interior, which has charge of

Indian Affairs, Pensions, and Patents. But, whatever the reasons on

general grounds for placing it in one of these two departments, there

are other reasons, of special importance at this moment, which point

to the Treasury Department. Indeed, after careful consideration, the

Committee were satisfied that it was so clearly associated with other

interests already intrusted to this department, that it could not be

advantageously administered elsewhere. Although beginning this inquiry

with a conviction in favor of the War Department, I could not resist

the conclusion of the Committee.

Look, for one moment, at the class of duties already imposed upon the

Treasury Department in connection with the very homes of these freedmen.

Congress has, by special Acts, conferred upon the Secretary of the

Treasury extraordinary powers with regard to trade in the Rebel

States. There is, first, the Act of July 13, 1861, entitled “An Act

further to provide for the collection of duties on imports, and for

other purposes,” which declares that commercial intercourse with any

State or part of a State in rebellion, when licensed by the President,

“shall be conducted and carried on _only in pursuance_ of rules and

regulations prescribed by the Secretary of the Treasury.” And it is

further provided, that “the Secretary of the Treasury may appoint

such officers, at places where officers of the customs are not now

authorized by law, as may be needed to carry into effect such licenses,

rules, and regulations.”[346]

There is another Act of Congress, approved May 20, 1862, supplementary

to that just named, which confers additional powers upon the Secretary

of the Treasury with reference to trade with “any place in the

possession or under the control of insurgents against the United

States.”[347]

There is also the Act of June 7, 1862, entitled “An Act for the

collection of direct taxes in insurrectionary districts within the

United States, and for other purposes.” In this Act it is provided,

(section nine,) that, where the Board of Commissioners shall be

satisfied that the owners of lands “have left the same to join the

Rebel forces, or otherwise to engage in and abet this Rebellion, and

the same shall have been struck off to the United States at public

sale, the said Commissioners shall, in the name of the United States,

enter upon and take possession of the same, and may lease the same,

together or in parcels, to any person or persons who are citizens of

the United States”; and (section ten) the Commissioners “shall from

time to time make such temporary rules and regulations and insert such

clauses in said leases as shall be just and proper to secure proper and

reasonable employment and support, at wages or upon shares of the crop,

of such persons and families as may be residing upon the said parcels

or lots of land, which said rules and regulations are declared to be

subject to the approval of the President.”[348] The execution of this

Act is lodged in the Treasury Department.

Then comes the Act of Congress, approved March 12, 1863, entitled “An

Act to provide for the collection of abandoned property and for the

prevention of frauds in insurrectionary districts within the United

States,” under which the Secretary of the Treasury is authorized “to

appoint a special agent or agents to receive and collect all abandoned

or captured property in any State or Territory or any portion of any

State or Territory of the United States, designated as in insurrection

against the lawful Government of the United States.” The Act proceeds

with details on the subject.[349]

Such are powers conferred by Congress upon the Treasury Department

concerning trade and abandoned property in the Rebel States. These were

followed by a general order from the War Department, as follows:--

“GENERAL ORDERS, No. 331.

“WAR DEPARTMENT, ADJUTANT-GENERAL’S OFFICE,

“WASHINGTON, October 9, 1863.

“The President orders:--

“1. All houses, tenements, lands, and plantations, except

such as may be required for military purposes, which have

been or may be deserted and abandoned by insurgents within

the lines of the military occupation of the United States

forces in States declared by proclamation of the President to

be in insurrection, will hereafter be under the supervision

and control of the supervising special agents of the Treasury

Department.

“2. All commanders of military departments, districts, and

posts will, upon receipt of this order, surrender and turn over

to the proper supervising special agent such houses, tenements,

lands, and plantations, not required for military uses, as may

be in their possession or under their control; and all officers

of the army of the United States will at all times render to

the agents appointed by the Secretary of the Treasury all such

aid as may be necessary to enable them to obtain possession of

such houses, tenements, lands, and plantations, and to maintain

their authority over the same.

“By order of the Secretary of War.

“E. D. TOWNSEND,

“_Assistant Adjutant-General_.”

By this order, the Treasury Department is substituted for the War

Department in jurisdiction over “houses, tenements, lands, and

plantations deserted and abandoned by insurgents within the lines of

military occupation.” This is broad, but it is positive.

In pursuance of these Acts of Congress, and of this order of the War

Department, the Secretary of the Treasury has proceeded to appoint

special agents and to establish a code of regulations. I have in my

hands a small volume, entitled “Commercial Intercourse with and in

States declared in Insurrection, and the Collection of Abandoned

and Captured Property,”[350] containing the statutes and also the

departmental regulations on the subject. It appears that there is

already an organization under the Secretary of the Treasury, and also a

system, each of reasonable completeness, to carry out these purposes.

* * * * *

In determining where the Bureau of Freedmen should be placed, it

becomes important to consider the interests it is proposed to guard;

and this brings me to another aspect of the question.

Looking at the freedmen whose welfare is in question, we find that

their labor may be classified under two different heads: first,

_military_; and, secondly, _predial_, or relating to farms. There are

still other laborers, including especially mechanics; but these are

chiefly in the towns. The large mass are included in the two classes

I have named. It is, therefore, these two classes that are to be

particularly considered.

1. The first class is already provided for. It appears that one

hundred thousand freedmen are already engaged in the military service

as soldiers or laborers. Others will continue to be engaged in this

way. These are all naturally and logically under the charge of the

War Department; nor do they need the superintendence of the proposed

bureau. The Act of Congress equalizing their condition in the army of

the United States is better for them than any bureau.

2. But there will remain the other larger class, consisting in the

main of women and children and farm laborers, who must find employment

on the abandoned lands. To this labor they are accustomed. These lands

are their natural home. But this class must naturally and logically

come under the charge of the department which has charge of the

abandoned lands. Conceding that all in the military service fall under

the superintendence of the War Department, it follows with equal reason

that all who labor on the lands must fall under the superintendence

of the Treasury Department, so long, at least, as this department has

charge of the lands.

This conclusion seems so reasonable that your Committee were not able

to resist it. But the testimony of persons who have given particular

attention to the question is also explicit; so that experience is in

harmony with reason. I have in my hands a letter from Colonel McKaye,

an eminent citizen of New York, and also a member of the Commission to

inquire and report on this subject, appointed by the Secretary of War.

After visiting South Carolina and Louisiana, expressly to study the

necessities of freedmen, and to ascertain what could be done to benefit

them, he thus expresses himself:--

“_In the first place_, everybody who has had any _practical

experience_ of the working of the plantations or of the

superintendence of negro labor will tell you that _the control

of the abandoned plantations and the care of the colored people

must be in the same hands_.”

You will not fail to observe how positively this _expert_ speaks.

According to him, all who have had “practical experience” insist that

the care of the freedmen and of the plantations should be “in the same

hands”; and so important does he regard this point that he places it

first in consideration.

But Colonel McKaye is not alone. Here is a letter from Hon. Robert

Dale Owen, Chairman of the Commission on Freedmen, appointed by the

Secretary of War, which testifies as follows:--

“It will never do to have Treasury agents who lease the lands

to white men, and War Department agents who assign the same

lands to colored people. Nothing but confusion and conflict of

authority can result. It will not work at all. But even if it

would, why employ two sets of agents to do what one set can do

much better? And who is to inspect the leased plantations, and

see to it that neither employers nor employed are wronged? The

men who gave the leases? But they are Treasury agents, and have

nothing to do with freedmen. Or the Freedmen’s Commissioners?

But what authority can they have over men who do not hold their

leases from them? _The men who have the care of the laborer

ought to have the leasing of the land and the inspection of

the leases_; and they should be authorized to lease equally to

white and to colored people.”

Such a statement is an argument.

This conclusion has the support also of General Banks, in a letter

addressed to one of the Freedmen’s Commission. Here are his words:--

“The assignment of the abandoned or forfeited plantations

to one department of the Government, and the protection and

support of the emancipated people to another, _is a fundamental

error productive of incalculable evils, and cannot be too soon

or too thoroughly corrected_.”

The able and elaborate report from the Freedmen’s Commission, just

published, considers this question carefully. Nothing could be more

explicit than the following testimony.

“But, in the judgment of the Commission, the most serious error

in connection with the present arrangements for the care and

protection of these people _arises out of the assignment to

a different agency of the care and disposal of the abandoned

plantations_. To enter into the detail of all the evils and

abuses that have arisen out of this error, and which are

unavoidable so long as it continues to exist, would occupy too

great a space in this report. Suffice it to say, that it is

the source of the greatest confusion and a perpetual collision

between the different local authorities, in which not only the

emancipated population, but the Government itself, suffers the

most serious injuries and losses.

…

“And this is the purport of all the testimony which the

Commission has been able to obtain, not in the department of

the Gulf only, but everywhere, in relation to this matter.

“The unhesitating judgment of every person, official or other,

not interested in the opportunities it affords for peculation,

with whom we have consulted, coincides with that of General

Banks. All, without exception, declare that no system can

avail to effect the great objects contemplated that does not

assign to one and the same authority the care and disposal of

the abandoned plantations and the care and protection of the

emancipated laborers who are to cultivate them.

“_And, after the most thorough investigations, I am authorized

in saying that this is the deliberate judgment of the

Commission._”[351]

It was on this ground of reason, and yielding to the influence of such

authoritative opinions, that the Committee were led to believe that

there was no alternative on this practical question.

In the course of their inquiries the Committee sought the opinion of

the Secretary of the Treasury. With the heavy burdens of his department

resting on his shoulders, he does not desire any additional labor; but

he does not conceal his conviction that the care of the freedmen must

for the present be associated with the care of the lands. He would be

glad to be relieved of all the responsibilities connected with the

subject, but he hopes that it will not be divided between two different

departments. In that event it is feared that there will be little good

from either.

I have dwelt with some minuteness on this question, because it seems

to be the practical point on which there may be difference of opinion.

Already gentlemen have taken sides, and newspapers also. I regret this

difference, but I trust that a calm and dispassionate consideration of

the subject will render it innocuous. The first thought of all should

be for the freedmen.

* * * * *

There is another point, which ought not to be passed over in silence,

arising from the just desire to protect the freedmen from any system of

serfdom or enforced apprenticeship. It is well known that among former

slave-masters there are many who continue to count upon appropriating

the labor of their slaves, if not under the name of Slavery, at least

under some other system by which freedmen shall be effectually held to

service. This very phrase “held to service,” standing alone, is the

pleonastic definition of Slavery itself. One of these slave-masters, in

a public speech, said: “There is really no difference, in my opinion,

whether we hold them as absolute slaves or obtain their labor by some

other method. Of course we prefer the old method; but that question is

not now before us.”[352] Such barefaced avowals were not needed to put

humane men on their guard against the conspiracy to continue Slavery

under another name.

The bill before the Senate provides against any such possibility by

requiring that the assistant commissioners and local superintendents

shall not only aid the freedmen in the adjustment of their wages, but

shall take care that they do not suffer from ill-treatment or any

failure of contract on the part of others,--and also that the contracts

for service shall be limited to a year. The latter provision is so

important that I give it precisely.

“_Provided_, That no freedmen shall be held to service on any

estate above mentioned otherwise than according to voluntary

contract, reduced to writing, and certified by the assistant

commissioner or local superintendent; nor shall any such

contract be for a longer period than twelve months.”

Here is a safeguard against serfdom or enforced apprenticeship which

seemed to the Committee of especial value. In this respect the House

bill was thought to be fatally defective, inasmuch as it interposed no

positive safeguards.

I do not know how extensive the desire may be to set Slavery again

on its feet under another name. But when we take into consideration

the selfish tendencies of business, the disposition of the strong to

appropriate the labor of the weak, and the reluctance of slave-masters

to renounce habitual power, I have felt that Congress would fail in

its duty, if it did not by special provision guard against any such

outrage. There must be no Slavery under an _alias_. This infinite wrong

must not be allowed to skulk in serfdom or compulsory labor. “Once

free, always free,”--such is the maxim of justice and jurisprudence.

But any system by which the freedmen may be annexed to the soil, like

the old _adscripti glebæ_, will be in direct conflict with their newly

acquired rights. They can be properly bound only by contract; and

considering how easily they may be induced to enter into engagements

ignorantly or heedlessly, and thus become the legal victims of

designing men, it is evident that no precautions in their behalf can be

too great.

It is well known that in some of the British West Indies an attempt

was made, at the period of emancipation, to establish a system of

apprenticeship, which should be an intermediate condition between

Slavery and Freedom. But the experiment failed. In some of the

islands it was abandoned by the planters themselves, who frankly

accepted emancipation outright; and in all it finally fell before the

irresistible eloquence of Brougham. Here is a passage from one of his

speeches.

“They who always dreaded Emancipation, who were alarmed at

the prospect of negro indolence, who stood aghast at the

vision of negro rebellion, should the chains cease to rattle

or the lash to resound through the air, gathering no wisdom

from the past, still persist in affrighting themselves and

scaring you with imaginary apprehensions from the transition

to entire freedom out of the present intermediate state. But

that intermediate state is the very source of all their real

danger; and I disguise not its magnitude from myself. You have

gone too far, if you stop here and go no farther; _you are in

imminent hazard, if, having loosened the fetters, you do not

strike them off_,--if, leaving them ineffectual to restrain,

you let them remain to gall and to irritate and to goad. Beware

of that state, yet more unnatural than slavery itself, _liberty

bestowed by halves_.

…

“I have demonstrated to you that everything is ordered, every

previous step taken, all safe, by experience shown to be safe,

for the long desired consummation. The time has come, the

trial has been made, the hour is striking; you have no longer

a pretext for hesitation or faltering or delay. The slave

has shown, by four years’ blameless behavior and devotion to

the pursuits of peaceful industry, that he is as fit for his

freedom as any English peasant, ay, or any lord whom I now

address. I demand his rights,--_I demand his liberty without

stint_,--in the name of justice and of law, in the name of

reason, in the name of God, who has given you no right to work

injustice.”[353]

But surely there is no need of eloquence or persuasion to induce you

to set your faces like flint against any such half-way system. Freedom

already declared must be secured completely, so that it may not fail

through any pretension or fraud of wicked men. The least that can be

done is what is proposed by your Committee.

Much more might be said on the whole subject; but I forbear. I have

opened to consideration the two principal questions. If the Senate

agree with the Committee, first, on the importance of keeping the

superintendence of the freedmen and of lands in the same hands, so as

to avoid local conflict and discord, and, secondly, in the importance

of providing surely against any system of serfdom or adscription to the

soil, the bill of the Committee must be adopted.

For the sake of plainness, I ask attention to the general character of

the bill in its main features.

1. It provides exclusively for freedmen, meaning thereby “such persons

as have once been slaves,” without undertaking to embrace persons

generally of African descent.

2. It seeks to secure for such freedmen the opportunity of labor on

those lands which are natural and congenial to them, and on this

account it places superintendence of the freedmen in a department

having superintendence of the lands.

3. It provides positively against any system of enforced labor or

apprenticeship, by requiring contracts between the freedmen and their

employers to be carefully attested before local officers.

4. It establishes careful machinery for the purposes of the bill, both

as regards freedmen and as regards lands.

But the bill is seen not only in what it does, but also in what it

avoids doing.

It does not undertake too much. It does not assume to provide ways and

means for the support of the freedmen; but it does look to securing

them the opportunities of labor according to well-guarded contracts and

under the friendly advice of agents of the Government, who will take

care that they are protected from abuse of all kinds.

It is the declared duty of the agents “to protect these persons in

the enjoyment of their rights, to promote their welfare, and to secure

to them and their posterity the blessings of liberty.” Under these

comprehensive words all that is proper and constitutional is authorized

for their welfare and security, while labor is made to go hand in hand.

Thus far in the sad history of this people labor has been compelled by

Slavery. But the case at last will be reversed. It is Liberty that will

conduct the freedman to the fields, protect him in his toil, and secure

to him all its fruits.

In closing what I have to say on this subject, allow me to read the

official testimony of the Commission on Freedmen, appointed by the

Secretary of War, in their recent report.

“For a time we need a Freedmen’s Bureau,--but not because these

people are negroes, only because they are men who have been

for generations despoiled of their rights. The Commission has

heretofore--to wit, in the Supplemental Report made to you in

December last--recommended the establishment of such a bureau;

and they believe that all that is essential to its proper

organization is contained, substantially, in a bill to that

effect, reported, on April 12, from the Senate Committee on

Slavery and Freedmen.”[354]

This is the bill before us.

It is for the Senate to determine, under the circumstances, what it

will do. My earnest hope is that it will do something. The opportunity

must not be lost of helping so many persons now helpless, and of aiding

the cause of reconciliation, without which peace cannot be assured. In

this spirit I leave the whole subject to the judgment of the Senate. If

anything better than the work of the Committee can be found, I hope it

will be adopted; meanwhile I ask you to accept what is now offered.

After various amendments moved by Mr. Sumner, the bill was

violently opposed by Mr. Richardson, of Illinois. In the course

of his speech the following colloquy occurred.

MR. RICHARDSON. The Senator from Massachusetts will be able

to carry his proposition next winter, if the people can be

deceived to reëlect Lincoln.

MR. SUMNER. I hope this summer.

MR. RICHARDSON. You have no show in the world this summer.

If you could carry that proposition now, you could not

carry one of the Northwestern States this fall.

June 14th, the consideration of the bill was renewed, when Mr.

Hendricks, of Indiana, spoke against it. He moved to strike out

“Treasury Department,” and insert “Department of the Interior.”

On this motion Mr. Sumner said:--

The point to which the Senator directs attention was considered very

carefully by the Committee. Were this a moment of peace, I believe the

Committee would have been unanimous in the idea of the Senator. Indeed,

it seems to me, the reasons for it in time of peace are unanswerable.

It is in the Interior Department that we place the Bureau of Indian

Affairs, the Bureau of Pensions, the Bureau of Patents, the Bureau of

Public Lands; and a Bureau of Freedmen would be more or less germane

to all these interests. It would naturally be lodged in the same

department with them. Naturally it belongs to the Interior; there

can be no question about it. The Senator, therefore, is perfectly

right, when he makes the suggestion. But the Senator should take into

consideration that at this moment we are acting provisionally, and not

permanently,--under suggestions growing out of the present state of the

country, and not as if we were in a condition of permanent peace.

In placing the bureau where the Committee have placed it, they

followed what seemed the necessities of the case. Congress, by previous

legislation, has practically placed the bureau in the Treasury

Department,--or rather it has rendered it necessary that it should be

placed there, unless we are willing by legislation to create a conflict

between two different departments. Congress has already placed in the

Treasury Department the control of the business relations between

the Rebel States and the Loyal States, and also the control of the

abandoned lands and plantations in the Rebel States. Now, as I tried to

exhibit the other day, when I opened this question, the main interest

for the moment is how to bring the freedmen in connection with the

lands. If you go beyond that, if you undertake to provide means for

their support, you assume what I believe the country does not expect

you to assume, and what I believe those who have the welfare of that

people most at heart do not venture to counsel. We desire to secure

for them opportunity,--opportunity to work: that is the main point,

and that can be secured only by bringing them in connection with the

lands. The care and guardianship of the lands where it is proposed to

place the freedmen have already, by previous legislation, I repeat,

been lodged with the Treasury Department. Therefore, naturally and

logically, it seems to follow, unless you are willing to create a

conflict between two different departments, or between the agents

of two different departments, that you should place the care of the

freedmen in the same department.

Sir, I am not alone in this view. The other day I presented it, and

gave opinions on the subject, to which I now call attention: one is a

private letter from Hon. Robert Dale Owen, and the other is part of the

Report of the Freedmen’s Commission, appointed by the Secretary of War

to consider, among other questions, that now before the Senate.[355]

The amendment of Mr. Hendricks was rejected. Mr. Willey, of

West Virginia, then spoke against the bill. He said: “In my

opinion, after as close and careful an examination of this bill

as I have been able to give to it, its proper title would be ‘A

bill to reënslave freedmen.’ … Sir, in the name of Liberty and

Emancipation I protest against the passage of any such bill by

the American Senate.”

June 15th, the debate was continued, when the bill was opposed

by Mr. Saulsbury, of Delaware, Mr. Hicks, of Maryland, and Mr.

Grimes, of Iowa. Mr. Ten Eyck, of New Jersey, spoke in favor

of it. Mr. Carlile, of Virginia, moved to postpone its further

consideration to the first Monday of December next, which was

lost,--Yeas 13, Nays 23. Mr. Grimes was particularly severe in

his criticism, which drew from Mr. Sumner the following reply.

I am sorry that I am obliged to say another word in this debate. I had

hoped to be excused. But the remarks of the Senator from Iowa [Mr.

GRIMES] leave me no alternative.

I am not astonished at the opposition this bill has encountered

from Senators over the way. It is their vocation to oppose every

such measure, and to give it, if possible, a bad name. They believe

in Slavery more or less, and will not do anything to remove it or to

mitigate its terrible curse. There is the Senator from West Virginia

[Mr. WILLEY], who gives us smooth words for Freedom, with boasts of the

slaves he has emancipated, and then straightway, by voice and vote,

sustains slave-hunting, and, if possible, worse still, startles the

Senate by a menace that slaves set free by Act of Congress will be

reënslaved by States restored to the Union. That this Senator should

attack a bill for a Bureau of Freedmen is perfectly natural; nor am

I astonished that he should misrepresent its character. But I cannot

conceal my surprise at the course of the Senator from Iowa, who I know

has no love for Slavery, and no congenital, persistent, and rooted

prejudices against the colored race. If the Senator from West Virginia

spoke naturally, allow me to say that my friend from Iowa spoke

unnaturally.

Sir, the Senator has not done justice to the bill he undertook to

criticize. It was evident that he spoke hastily, without having even

read it. At least, this is not an improper assumption, when we consider

some of his criticisms. It will be remembered how promptly I corrected

him, while he was picturing the Assistant Commissioners as so utterly

without restraint that they were not even obliged to make reports.

I rose and read the clause in the bill expressly requiring not only

“quarterly reports,” but “other special reports from time to time.”

The Senator, surprised by this provision, replied, that it was at the

close of the bill, and was evidently an afterthought. This, again,

was a mistake. Had he read the bill carefully, he would have found,

that, whatever its merits in other respects, everything is introduced

in its proper place, and this provision is no exception. There is

no afterthought in the bill. The Senator then complained that the

Assistant Commissioner was not obliged to give a bond. Here, again,

he was mistaken. By an amendment moved by myself this was required.

All this was part of the attempt to show that the bureau had not been

planned with sufficient care. Suffice it to say that there is no bureau

of the Government constituted with more care, or surrounded with more

safeguards against abuse. Much, in the last resort, must be confided to

the honesty of public servants; but in the present case they are all

placed under the observation of their superiors. Superintendents will

be observed by the Assistant Commissioner, who will be observed by the

Commissioner, and all will be under the observation of the Secretary of

the Treasury, who himself is under the observation of the President;

and I need not add that the whole will be subject to the oversight of a

humane and enlightened people, awakening daily to a sense of obligation

which cannot be postponed.

I am not wrong, then, when I say that the Senator did injustice to

the bill in his criticism on its structure and the machinery it

establishes. But this was the smallest part of his injustice. He went

further, and, following the Senator from West Virginia, asserted that

it gave the Commissioner unlimited power and control, so as to hand

the unhappy freedman over to Slavery under another name. I looked at

the Senator to see if he were really serious, as he made this strange

accusation against a measure conceived in a sentiment of humanity and

equity, and, by positive provisions, guarding every freedman against

the very outrage which the Senator professes to fear. He seemed to be

serious, as he repeated the accusation. But as he had erred with regard

to the restraints upon the Assistant Commissioners, so he erred in the

graver impeachment which he launched here.

The Senator began by saying that the bill, according to its definition

of freedmen, was applicable to all “once slaves,” and that even Robert

Small, the patriot slave who navigated the “Planter” out of Charleston

and gave it to us, would come under its provisions. Very well. Suppose

he does. Can he suffer from it? Does he lose anything by it? Can

anybody under this bill exercise any power or control over Robert

Small? The Senator forgets that the bill assumes that all are free, and

in every respect entitled to all the privileges of freemen,--that they

are invested with every right the Senator himself possesses, and, if

these rights are violated, they may look for a remedy to any court of

justice precisely as he could. None of these rights are infringed. On

the contrary, the officers under the bill are charged to see that the

freedmen are secure in their rights; so that Robert Small himself, if

the occasion required, might find aid and protection under it. The bill

gives no power to take away or limit existing rights; but it provides

additional means for their safeguard, that emancipation may be perfect,

so far as possible.

I do not like to take time, especially when I consider that in opening

this matter to the Senate I explained the character of the bill and

its necessity. I do not pretend that it is perfect; but I beg to

assure the Senate that it is the result of the careful deliberations

of the Committee. If Senators are disposed to criticize it, or to

offer amendments with a view to its improvement, let them do so. But

I trust that they will not allow themselves to be carried into any

general hostility founded on misconception of its real character. I

might remind them again of the large numbers of freedmen--free, thank

God, by legislative and executive acts of the United States, but not

yet introduced into the new condition appointed for them--unemployed,

suffering, starving, and, with a voice of agony, calling for relief.

I might remind them of the inability of private charity, or any

effort organized by private individuals, to meet all the exigencies

of this unprecedented case, although the generosity of our people is

overflowing. I might dwell on the obligation of the nation, reaching

everywhere with its hundred arms, to do what inferior charity must fail

to do; and I might especially show that it is not enough to strike

down the master, but that you must go further, and lift up the slave.

But I forbear, contenting myself with reminding you, that, if you

oppose legislation to help the freedmen in their rough passage from

Slavery to Freedom, you hand over this unhappy people--unhappy for long

generations, and not yet conducted into the full enjoyment of their

rights--to a condition which I dread to contemplate. They look about

and find no home. They seek occupation, but it is not within their

reach. They ask for protection, sometimes against former taskmasters,

and sometimes against other selfish men. If these are not supplied in

some way by the Government, I know not where to look for them. Surely,

Sir, you will not hesitate to provide, so far as you can, carefully

and wisely, the proper means to secure employment for them during the

transition from one condition to another, and, above all, to throw over

them everywhere the ægis of Constitution and Law. And such, permit me

to say, is the single supreme object of the present bill, which has

been so cordially misrepresented by the Senator from West Virginia, and

so strangely misrepresented by my friend from Iowa.

I have said that the object was care and protection for persons

actually free, and so regarded, who, from the peculiarity of their

condition, might not be able in all respects to secure these without

assistance. To this end a central agency is proposed at Washington,

with subordinate agencies where the freedmen are to be found, devoted

to this work of watching over emancipation, so that it may be

surrounded with a congenial atmosphere. Is not the object worthy of

support? Who will question it?

The language of the bill describing the functions of the Commissioner

is plain and explicit; and yet out of this language, so guarded and

so utterly inoffensive, the Senator from Iowa has conjured a phantom

to frighten the Senate from its propriety. Why, Sir, if there were

anything which by possibility could justify the fears of the Senator,

if there were anything which even the most lively imagination could

exaggerate into a lack of care and protection, then I should be the

first to denounce it, and to ask forgiveness for an unconscious

aberration. But there is absolutely nothing; and if you listen to the

bill, you will agree with me.

I begin with the very words which to the Senator from Iowa were so

alarming:--

“The Commissioner, under the direction of the Secretary of

the Treasury, shall have the general superintendence of all

freedmen throughout the several departments.”

Here are duties imposed upon the Commissioner; but there is no power

or control over the freedmen. Calling a man superintendent gives him

no power except in conformity with law; but all the laws, general and

special, are for Freedom. And yet the Senator has repeated, again and

again, that this was a grant of unlimited power and control over the

freedmen. To his mind here was an overflowing fountain of tyranny and

wrong.

MR. GRIMES. Will the Senator tell the Senate what is meant by

it?

MR. SUMNER. With great pleasure; and if I can have the candid attention

of my friend, I believe that he and I cannot differ, for I will not

doubt that we have the same object at heart. Obviously the language

indicates in a general way the character of the duties to be performed.

They are duties of superintendence, but we are to look elsewhere for

the extent of the duties; and the words which follow in the same

section show something of their nature. Thus:--

“And it shall be his duty especially _to watch over_ the

execution of all laws, proclamations, and military orders of

emancipation, or in any way concerning freedmen.”

There, Sir, is the first glimpse of this tyrant. Mark, Sir, there is

not one word of power or control over the freedmen, but duties solemnly

imposed, all in behalf of Freedom. What next?

“And generally, by careful regulations in the spirit of the

Constitution, _to protect these persons in the enjoyment of

their rights_, to promote their welfare, and to secure to them

and their posterity the blessings of liberty.”

Here, again, are duties of the Commissioner; but there is not one

word conferring power or control over the freedmen. The main object is

protection in the enjoyment of their rights,--inborn, but new-found.

This is to be crowned by such watchfulness as will promote their

welfare and secure to them and their posterity the blessings of

liberty; and all this is to be according to “careful regulations.” To

find tyranny in this provision the Senator must be as critical as the

German theologian who found heresy in the Lord’s Prayer. I do not go

to the dictionary for the meaning of superintendent. This is needless.

Obviously, the superintendent must superintend according to law; and

since this is now for Freedom, whatever he does must be for Freedom

likewise. He can do nothing without this inspiration. The function of

superintendence is not applicable exclusively to this case. It is of

common occurrence. There is a superintendent of emigrants; but nobody

supposes that he can do anything with regard to emigrants except in

conformity with law. The mayor of Washington is, in a certain sense,

a superintendent of the Senator and myself, as we walk the streets or

lie down at night in our houses, bound to see that we are protected

from outrage and robbery. And the Vice-President, or the President

of the Senate, is a superintendent of this Chamber, bound to see

that the rules of Parliamentary Law are observed. But the Senator

would not think of attributing to either of these functionaries that

“unlimited control and power” which he dreaded in the superintendent of

freedmen,--bound to see that freedmen are protected in their rights.

And yet it exists in one case just as much as in the other.

I think, Sir, that after this explanation there can be no difficulty

in answering the inquiry of the Senator. By “superintendence of all

freedmen” is meant that watchfulness of their rights and interests

consistent with laws, general and special, for their protection,

welfare, and liberty, so that they may be helped to employment and be

guarded against outrage. The object is good. What other word would

the Senator employ to designate it? How would he describe the humane

function of the Commissioner? He is versed in language. Will he supply

any term more apt? I invite him to do it, and shall gladly accept it.

Since we seem to concur in the object, let there be no difference on

account of words. All I desire is something that shall supply help and

protection. For this I cheerfully sacrifice the rest. And permit me to

say, I have misread this bill, if there is a single word in it, from

beginning to end, which can give the most remote apology for any other

idea.

I have thus far only glanced at a single section. Look further. I

pass for the moment the next section, and go to the sixth, which

describes some of the duties of the “Assistant Commissioners and local

superintendents.” It begins by declaring that they--

“Shall act as _advisory guardians to aid_ the freedmen in

the adjustment of their wages, or, where they have rented

plantations or small holdings, in the application of their

labor.”

Observe, if you please, the friendly service to be performed. Not in

this way do tyrants or slave-masters wield a wicked power. Here is

advice, guardianship, and the adjustment of wages,--all inconsistent

with Slavery in any of its pretensions. What next?

“That they shall take care that the freedmen do not suffer

from ill-treatment or any failure of contract on the part of

others, and that on their part they perform their duty under

any contract entered into by them.”

Mark, again, the friendly service. Here is another duty cast upon

these officers.

MR. GRIMES. How is that to be enforced? Suppose they will not

work,--will not fulfil their contracts?

MR. SUMNER. The duty of these officers is “advisory.” They are not

invested with power to enforce any provisions, unless by court of law

or some other tribunal. The freedmen are entitled to all the rights of

freemen, just as much as the Senator. Curiously, the Senator does not

seem to have purged his mind of the idea that these men, in some way or

other, have not yet ceased to be slaves,--

MR. GRIMES. No.

--an assumption which, however natural in the Senator from West

Virginia, is not natural in my friend from Iowa. Let him recognize them

as free, like himself, and he will see that there is no remedy open to

him which is not open to them, and that any outrage upon them is, in

point of law, the same as if inflicted upon himself.

MR. HARLAN. I desire to ask the Senator if there are courts of

law in existence in these Rebel States before whom the parties

may appear.

MR. SUMNER. I am afraid that courts of justice in those States are not

yet in perfect operation. But such as they are, they will be open to

every freedman. On this point there can be no question.

The next words show what shall be done by these officers to promote the

administration of justice:--

“They shall further do what they can as _arbitrators_ to

reconcile and settle any differences in which freedmen may be

involved, whether among themselves or between themselves and

other persons.”

Here is the duty of arbitrator and peacemaker, but no power or control.

And this duty is applicable to differences of all kinds, where the

freedmen are parties. Nothing can be more humane or less tyrannical.

This is not all.

“In case such differences are carried before any tribunal,

civil or military, they shall appear as next friends of the

freedmen, so far as to see that the case is fairly stated and

heard. And in all such proceedings there shall be no disability

or exclusion on account of color.”

If not “arbitrators,” then the officers are to be “next friends,”

to aid the freedmen in any litigation into which they may be drawn.

Very little tyranny here. And this service is to be rendered in any

tribunal, “civil or military”; so that, where the civil courts are

closed, the freedmen may obtain justice in any military tribunal. But

whether in a civil or military tribunal, there is to be no disability

or exclusion on account of color. When we consider how this disability

and exclusion have been the badge of Slavery and its pretensions, we

may find in their positive prohibition a new token of the spirit in

which this bill is conceived. Very little tyranny here.

MR. GRIMES. But, Mr. President, the case that was put by me

was not where there was a controversy between the colored man

and some third party, but where the Commissioner attempted to

enforce the obligation of duty upon the colored man.… Now I

want to know of the Senator if a Commissioner who undertakes to

carry out the provisions of this bill may not, under the third

section, avail himself of the military authority that may be

in the department to enforce obedience,--and if he thinks it

would be doing justice to the colored men in the department

to leave them to the military control of the Commissioner, of

whom we know nothing, and about whom we do not know whether he

sympathises with the colored man or not. Is it right to leave

these colored men to the military control of this Commissioner

in order to enforce the obligation to labor?

MR. SUMNER. The Senator calls attention to another section, where it

is provided that “the military commander within any department shall,

on the application of the Assistant Commissioner thereof, supply

all needful military support in the discharge of the duties of such

Assistant Commissioner”; and he inquires if this does not authorize the

Assistant Commissioner to use military power in making freedmen work.

Let me say at once that the criticism of the Senator is absolutely

novel. If the clause to which he refers could be employed to any such

purpose, I beg to assure him it was not anticipated by the Committee.

It was intended for a very different purpose, and in the interest of

the freedman. Here, again, I remind the Senator that nothing can be

done by any officer, military or civil, toward a freedman, which cannot

be done toward any other citizen. If this military power can be used

against one, it can be equally used against the other. The occasion

for this power seemed obvious. It was supposed that in the Rebel

States there might be exposed districts where the plantations would be

subject to incursion or ravage from the enemy, by which labor would be

obstructed or disturbed, unless military protection were at hand. To

remedy evils of that character this provision was introduced. Such is

the object sought to be accomplished. It is protection, in the spirit

of the whole bill, and nothing else. If by any possibility there can

be the chance of an abuse of this power, beyond what is incident to

every trust, I shall be glad to take advantage of the criticism of the

Senator, and amend the bill so that the evil he snuffs afar shall not

be permitted to arrive.

The Senator cannot bear the thought of freedmen exposed to the tyranny

of military power. But does he not forget that at this moment they are

subject to this tyranny? It is to remove them from all this arbitrary

control and uncertain protection that we establish a bureau, which

shall be an agency of the civil power, charged to surround the freedmen

with every safeguard the Constitution and laws can supply. Show me any

provision in one or the other for the protection of human rights, and I

claim it at once for the freedman against any oppressor, whatever his

office or name.

Let the Senator bear these things in mind, and give us the advantage of

his counsels. I shall welcome from him any suggestion, any proposition,

any criticism, calculated to promote the object of the bill. The more

he makes, the better. Let him be no niggard. But I trust he will pardon

me, if I complain of inconsiderate assault, which, as it seems to me,

can have no other effect than to injure the cause.

I have not done with the criticism of the Senator. It was on the

fifth section, concerning the labor on abandoned plantations, that he

bent his chief force. In the provisions of that section he found a new

system of Slavery: sometimes it was Slavery outright, and sometimes

it was Peon Slavery. Senators who did me the honor of listening to my

remarks at the beginning of this debate will remember how I dwelt upon

the importance of guarding against any revival of Slavery under any

other name, whether of apprenticeship or adscription to the soil; and

they may remember, perhaps, how I explained the impossibility of any

such occurrence under the present bill, and showed that the freedman

was guarded at all points. And yet, in the face of this exposition,

and of the positive text,--better than any exposition,--the cry is

sounded, that the liberty of the freedman is in danger. The Senator

read this section at length, and then sounded again particular clauses

and phrases, striving to interpret them for Slavery. I will not read it

at length; nor will I dwell on the first part of the section. Suffice

it to say, that, so far as it describes the lands to be taken for

occupation, it follows substantially the text of the order from the War

Department, by which “all houses, tenements, lands, and plantations,

except such as may be required for military purposes, which have

been or may be deserted and abandoned by insurgents within the lines

of the military occupation,” are placed under the supervision and

control of the supervising special agents of the Treasury Department.

Under this order the Secretary of the Treasury has been acting for

several months,--doing with these lands precisely what the Senator so

vehemently condemns. The present bill, so far as concerns the power of

the Commissioner over the lands, does little more than reduce the order

of the War Department to the text of a statute, thus imparting to it a

certain legality which it does not now possess.

Passing from the lands to be occupied under the bill, the Senator

next pictures the terrible fate of the freedmen laboring on these

lands in pursuance of careful contracts. There seems no limit to the

Senator’s anxiety lest they should be bound in Slavery. I welcome his

generous solicitude. But I pray that he will not allow it to mislead

his judgment or prevent him from seeing the case in its true character.

Surely he must be unduly excited, or he could not find danger in these

words:--

“In case no proper lessees can be found, then to cause the same

to be cultivated or occupied by the freedmen, on such terms, in

either case, and under such regulations, as the Commissioner

may determine.”

“What a frightful power!” exclaimed the Senator. But why? Here is no

power or control over the freedmen, but simply over the lands, which

the officers cause to be cultivated or occupied. These officers are

representatives of the National Government, to which the lands belong

for the time being, and, in determining the terms and regulations

under which they are to be cultivated or occupied, they do no more

than is done by the Senator with regard to the lands he is so happy

in owning. The Senator fixes the terms and regulations under which

his lands are leased or cultivated: does he not? And he would be

surprised, if any person called in question his rights in this regard;

especially would he be surprised, if any person undertook to infer that

the freedom of laborers upon his lands could be compromised by any

terms or regulations he might choose to make. But there is no power

he may exercise over his own lands that may not now be exercised by

the Government. In each case the laborer must be treated as a freeman.

The Senator seems to imagine that there is power or control over the

freedmen conferred by these words. Here is his mistake. The power and

control are over the lands, not over the freedmen. There is not a word

in the clause that can be tortured into any such idea. I challenge the

Senator to point it out.

Thus far I have considered this clause, which according to the Senator

is so terribly pregnant, without alluding to the express limitation

following in the same section. Even without this limitation it is clear

and blameless. But the Committee, in order to make assurance doubly

sure, and to set up an absolute impediment against any abuse, have

added the following proviso:--

“_Provided_, That no freedmen shall be held to service on any

estate above mentioned otherwise than according to voluntary

contract, reduced to writing, and certified by the Assistant

Commissioner or local superintendent; nor shall any such

contract be for a longer period than twelve months.”

And yet, in the face of this proviso, the Senator sees danger. Nobody

can be found on the lands except in pursuance of voluntary contract,

which must be reduced to writing and certified by an officer of the

Government. Nor is this all. The contract is not to be for a term

beyond twelve months; so that, by no excuse, and by no exercise of

power, can the freedman be put even under a shadow of control beyond

this brief term. He is in all respects a freeman, laboring on lands

according to careful contract for a limited period. And yet the Senator

calls this beneficent arrangement Slavery, and then, changing the name,

he calls it Peonage. Sir, the Senator has an imperfect conception of

that peonage which is indefinite service, or of that slavery which is

service for endless generations, if he undertakes to liken employment

in pursuance of contract most carefully guarded for a term of a few

months to either of these wretched conditions.

But all this is only part of the mistake in which the Senator has

proceeded from beginning to end. I am at a loss to account for it.

I do not understand it. That I regret it most sincerely I need not

say. I counted upon his charitable regard for this bill. I felt sure

of his sympathy with its general objects. I do not renounce the hope

of this sympathy now. But I cannot forbear saying, that, to my mind,

the Senator throws himself in the way of a humane undertaking, and

practically abandons the claims of the oppressed race to which he

and I both owe service. Long have they suffered, much have they been

abused, wearily have they journeyed through life; and now, at last,

when Slavery is overturned, and we seek to provide a passage from

its torments to a better condition, where labor shall be quickened

and protected by Liberty, and where all rights shall be respected,

it is hard to find our efforts buffeted by a cross-wind from such an

unexpected quarter.

Mr. Grimes and Mr. Willey followed. Between the latter and Mr.

Sumner there was an earnest passage.

June 27th, the consideration of the bill was again resumed,

when other amendments moved by Mr. Sumner were adopted, among

which was the following:--

“And every such freedman shall be treated in every respect

as a freeman, with all proper remedies in courts of

justice; and no power or control shall be exercised with

regard to him, except in conformity with law.”

Several Senators spoke.

* * * * *

June 28th, Mr. Wilson, of Massachusetts, moved to strike out

“Treasury” and insert “War.” Mr. Sumner again explained the

preference of the Committee at length, when Mr. Wilson withdrew

his motion; but it was afterwards renewed by Mr. Reverdy

Johnson, of Maryland, and rejected,--Yeas 15, Nays 20. Other

motions ensued, with speeches. The substitute of the Committee

having been adopted, the bill was then passed,--Yeas 21, Nays

9,--with the title, “An Act to establish a Bureau of Freedmen.”

July 2d, in the House of Representatives, Mr. Eliot, from the

Select Committee on Emancipation, moved that the House should

not concur with the substitute of the Senate, when, on motion

of Mr. Griswold, the whole subject was postponed to December

20th.

* * * * *

December 20, 1864, in the House of Representatives, the bill

being under consideration, according to the postponement from

the last session, Mr. Eliot, of Massachusetts, Mr. Kelley,

of Pennsylvania, and Mr. Noble, of Ohio, were appointed a

Committee of Conference. The Senate agreed to the Conference,

and Mr. Sumner, Mr. Howard, of Michigan, and Mr. Buckalew,

of Pennsylvania, were appointed on the part of the Senate. A

new bill was reported. Instead of attaching the bureau to the

War Department or to the Treasury Department, an independent

department was created, called a Department of Freedmen and

Abandoned Lands; but in other respects it was substantially the

Senate bill.

February 9, 1865, after debate, the report of the Committee was

adopted by the House,--Yeas 64, Nays 62.

February 10th, Mr. Sumner, on the part of the Committee,

reported the new bill to the Senate, and on the 13th, in answer

to inquiry, explained it as follows.

Mr. PRESIDENT,--I trust that there will be no opposition to this most

important, and, as I solemnly believe, most beneficent measure. But I

shall be happy to make any explanation with regard to it.

Senators have not forgotten the bill to create a Bureau of Freedmen,

which, after careful debate for several days, was passed by the Senate

at the close of the last session as a substitute for a House bill. For

some time the difference between the two Houses has been under the

consideration of a Conference Committee, whose report is now before

you. This report embodies substantially the Senate bill, including

various propositions moved by different Senators,--among others, that

relating to the forfeiture of estates, moved by the Senator from

Illinois, [Mr. TRUMBULL],--that relating to the care of freedmen

unemployed on the lands, moved by the Senator from West Virginia [Mr.

WILLEY],--and that relating to trials by courts-martial, moved by the

Senator from Wisconsin [Mr. DOOLITTLE]. All of the Senate bill, in

substance, and generally in language, is preserved, with one single

exception. By the Senate bill a bureau was created in the Treasury.

The Committee of the two Houses unite in recommending a separate

department, holding directly under the President, and therefore free

from the control of either the Treasury or the War.

In point of fact, the only substantial difference between the two

Houses was on the place where the bureau should be. Each was for a

bureau; but one was for it in the Treasury, and the other was for it

in the Department of War; and there were strong arguments in favor

of each. There were also strong feelings against each. Sometimes it

was compendiously said that the freedmen could not be trusted to “the

harpies of the Treasury”; and then again it was said, with equal point,

that they could not be trusted to “the bloodhounds of the War.” These

were exaggerations of opposite opinions; but they serve to disclose the

irreconcilable discord on the subject.

If the freedmen could have been provided for without reference to

the lands, the question would have been relieved from much of its

embarrassment. But it was the conviction of the Committee, in which

they were sustained by all most familiar with the matter, that the care

of the freedmen and the care of the abandoned lands ought to be in the

same hands, and that they could not be separated without exposing the

freedmen to the mischiefs of two conflicting jurisdictions. But the War

Office was not adapted to manage the lands, as many insisted that the

Treasury was not adapted to manage the freedmen.

There was another consideration not without influence. It was felt

that each of these great departments of the Government was already so

severely burdened, so weighed down with manifold duties, that it was

hardly in condition to assume a new trust, so grave and onerous as that

proposed.

For such reasons, Sir, and yielding to such influences, the Committee,

after careful and conscientious deliberation, determined to recommend

a new department, not unlike that of Agriculture, which should not

be subject either to the Treasury or to the War. It was felt that in

doing this they were doing the best for the cause, and they were not

insensible also to the consideration that in this way they might secure

a higher order of talent and of character for the service. Men fitted

for Treasury agents or fitted for War might not always be the best

for the care of freedmen. The man for this humane service should be

humane by nature, and should sympathize especially with the race so

long neglected and outraged. They must be versed, if I may so express

myself, in the humanities of the subject.

After quoting the testimony of experts in favor of an

independent department, and of changing the actual system, he

concluded.

Such is the system that now exists, under which the freedman is the

mere accident of the Treasury. Sir, it is unworthy of the Republic at

this great period of our history.

Already the President, by irrepealable proclamation, has declared all

slaves free. An Amendment to the Constitution will, in the course of

a few weeks, place their freedom under the sanction of Constitutional

Law. But this is not enough. The debt of justice will not be paid, if

we do not take them by the hand in their passage from the house of

bondage to the house of freedom: and this is what is proposed by the

present measure. The temporary care of the freedman is the complement

of Emancipation; but the general welfare is involved in the performance

of this duty. Without it Emancipation may for a while seem at fault,

and the general welfare gravely suffer.

February 14th and 21st, the consideration of the report was

continued,--Mr. Davis, of Kentucky, Mr. Hendricks, Mr. Grimes,

and Mr. Sprague, of Rhode Island, speaking against it. In reply

to Mr. Grimes, who moved the postponement of its consideration,

Mr. Sumner again vindicated the measure.

I hope there will be no postponement. A motion to postpone at the

present time is a motion to kill, and such is the unquestionable object

of the Senator from Iowa [Mr. GRIMES]. He is against the bill now,

just as he was at the beginning, and is acting according to his sense

of duty, when he tries in every way to defeat it. But are Senators

whose votes have thus far shown a determination to do something for the

freedmen ready to follow his example?

The Senator says he wishes time. Well. But he wishes something more.

He wishes to arrest this legislation now at its latest stage. He says

that he desires opportunity for debate. But, Sir, has he not had this

opportunity in largest measure and to excess? The Senate cannot forget

how carefully and conscientiously this question has been considered:

first, in a Committee of this body, who gave their best attention to

it for weeks, during the last session of Congress; then for five days

and two evenings in the Senate, during which the Senator signalized his

opposition; then again in a Conference Committee, the present session,

where the whole subject was most thoroughly studied in every possible

light; and now in this debate, running over several days, which has

already occupied the Senate since the report of that Committee. Surely,

if the Senator is not satisfied with the labors of the Committees of

this body, he cannot complain that opportunity of debate has been

wanting. Sir, he has had the opportunity, and has exercised it.

I am pained by this opposition. It is out of season. I am pained by

it especially from the Senator from Iowa. I do not judge him. But he

will pardon me, if I say that from the beginning he has shown a strange

insensibility to this cause. He is for Liberty, but he will not help

us assure it to those who have for generations been despoiled of it.

Sir, I am in earnest. Seriously, religiously, I accept Emancipation as

proclaimed by the President, and now, by the votes of both Houses of

Congress, placed under the sanction of Constitutional Law. But even

Emancipation is not enough. You must see to it that it is not nullified

or evaded; and you must see to it especially that the new-made freedmen

are protected in the rights now assured to them, and that they are

saved from the prevailing caste, which menaces Slavery under some new

form; and this is the object of the present measure.

Would you know the perils of freedmen ever since Emancipation? Listen,

then, to the words of that true patriot, General Wadsworth, of New

York, who, after his visit to the Valley of the Mississippi, and

personal observation of the freedmen there, testified:--

“There is one thing that must be taken into account, and that

is, that there will exist a very strong disposition among the

masters to control these people and keep them as a subordinate

and subjected class. Undoubtedly they intend to do that. I

think the tendency to establish a system of serfdom is the

great danger to be guarded against. I talked with a planter in

the La Fourche district, near Thibodeauville. He said he was

not in favor of secession; he avowed his hope and expectation

that Slavery would be restored there in some form. I said, ‘If

we went away and left these people now, do you suppose you

could reduce them again to slavery?’ He laughed to scorn the

idea that they could not. ‘What!’ said I, ‘these men who have

had arms in their hands?’ ‘Yes,’ he said; ‘we should take the

arms away from them, of course.’”[356]

But this emphatic attestation is simply in harmony with accumulated

testimony from other quarters. The freedmen, rejoicing in recovered

rights, must for a while be saved from the traditional harshness and

cruelty to which for generations they have been exposed. Call it

protection,--call it what you will: the power of the Government must be

to them a shield. And yet you hesitate.

The Senator from Iowa renews the objections he made at an earlier

stage. It will not be forgotten that he most earnestly protested

against the bill, as giving to persons a control of the freedman. It

was shown, I think, to demonstration, that he was mistaken. But, out

of deference to his sensibilities, and that nothing might seem to

be wanting, other safeguards were introduced, as amendments, on his

motion, or in pursuance of his suggestions. But all this is not enough

to secure his favor. He objects still.

Very well. So far as I understand his objection then and now, it is

twofold: first, that the freedman is placed under constraint, and that

he is not a freeman; and, secondly, that he is treated too much as an

infant or a pupil. Now I undertake to say that the objection, in both

these forms, is absolutely inapplicable.

The freedman is treated in every respect as a freeman. Again and

again in the bill his rights are secured to him. Thus, for instance,

in the fourth section, it is expressly provided that “every such

freedman shall be treated in all respects as a free man, with all

proper remedies in courts of justice, and no power or control shall be

exercised with regard to him except in conformity with law.” Language

cannot go further. In face of these positive words, so completely

in harmony with the whole bill, it is vain to say that the freedman

is not a freeman. Sir, he is a freeman just as much as the Senator

himself, with a title derived from the Almighty, which no person can

assail. When the Senator finds danger to the freedman, he consults his

imagination, inflamed by hostile sentiments he has allowed himself to

nurse.

But the Senator complains that the freedman is treated too much as

an infant or a pupil. How? Where? Let him point out the objectionable

words. Analyze the bill. The freedmen, it is admitted, are under

the general superintendence of the Commissioner. But are we not all

under the general superintendence of the police, to which we may

appeal for protection in case of need? And just such protection the

freedmen may expect from the Commissioner, according to his power. The

Senator himself is under the superintendence of the Presiding Officer

of the Senate, whose duty it is to see that he is protected in his

rights on this floor. But the Presiding Officer can do nothing except

according to law; and the Commissioner is bound by the same inevitable

limitations.

But there are regulations applicable to the contracts of the freedman.

Very well. Why not? To protect him from the imposition and tyranny of

the dominant race, it is provided that “no freedman shall be employed

on any estate above mentioned otherwise than according to _voluntary

contract_, reduced to writing, and certified by the Assistant

Commissioner or local superintendent.” Mark the language,--“voluntary

contract.” What more can be desired? But this is reduced to writing.

Certainly, as a safeguard to the freedman, and for his benefit. Then,

again, the Assistant Commissioners are to act “as advisory guardians,”

in which capacity they are to “aid the freedmen in the adjustment of

their wages.” But do not forget that the freedman is a freeman, and if

he does not need such aid or advice, he may reject it, just as much as

the Senator himself. Look at other clauses, and they will all be found

equally innocent.

But there is the section, originally introduced on motion of the

Senator from West Virginia [Mr. WILLEY], providing, that, “whenever the

Commissioner cannot otherwise employ any of the freedmen who may come

under his care, he shall, so far as practicable, make provision for

them with humane and suitable persons, at a just compensation for their

services.” Here, again, are tyranny and outrage carried to the highest

point. But how? The superintendence is that of the _intelligence

office_, and everything done is to be “in conformity with law.” This

clause, even if it were in any respect ambiguous, must be ruled by

those earlier words which declare that “every such freedman shall be

treated in all respects as a free man.” What more can be desired? With

this rule as a guide, no freedman can suffer in rights.

The strange complaint is made, that this measure is too favorable

to the freedman; and, indeed, we have been told that something is

needed for the whites. Very well; let it be done. I trust that an

enlightened Government will not fail to recognize its duties to all

alike. Meanwhile, it is proposed that abandoned lands shall be leased

to freedmen, and, if they are not able and disposed to take the lands

for a twelvemonth, then they are to be leased to other persons. Reflect

that the freedmen, for weary generations, have fertilized these lands

with their sweat. The time has come when they should enjoy the results

of their labor, at least for a few months. This war has grown out of

injustice to them. Plainly, to them we owe the first fruits of justice.

Besides, this provision is essential as a safeguard against white

speculators from a distance, who will seek to monopolize these lands,

with little or no regard to the freedman. Ay, Sir, it is too evident

that it is essential as a safeguard against grasping neighbors, who

still pant and throb with the bad passions of Slavery.

Mr. President, the objections are vain. The bill is not hurtful to the

freedman. It is not hostile to Liberty. Its declared object is the good

of the freedman. Its inspiration is Liberty. Look at it as a whole or

in detail, and you will find the same object and the same inspiration.

It only remains that the Senate should adopt it, and give a new

assurance of justice to an oppressed race. In the name of justice, I

ask your votes.

The motion to postpone was rejected,--Yeas 13, Nays 16.

* * * * *

February 22d, the debate was resumed by Mr. Hale, of New

Hampshire, in opposition to the report, who was followed on the

same side by Mr. Lane, of Indiana, Mr. Davis, of Kentucky, and

Mr. Reverdy Johnson, of Maryland. Mr. Conness, of California,

spoke in favor of it. Mr. Sumner, in reply, after answering

the criticisms on the bill, and adducing testimony to its

importance, said:--

I have read these opinions merely to bring home to the Senate, on

authoritative grounds, the importance of providing some protection

for this large body of freedmen, now justly looking to the National

Government as their guardian. That Government has given them the great

boon of Freedom. It is for us to go further, and see that Freedom is

something more than a barren letter. We must see that it is a fruitful

thing, of which they can avail themselves always, and which will be to

them everywhere prolific of good.

Mr. President, I did not intend to enter into this discussion this

morning. I hoped that a vote might be taken without further debate.

I have no desire to discuss it. To my mind the question is perfectly

clear. If you reject the pending measure, you voluntarily refuse to

carry forward that great act of Emancipation which you have already

sanctioned. I say, therefore, for the sake of Emancipation, let the

report of this Committee be adopted; and I appeal to you, Senators, do

not be afraid to be just.

The vote on the report of the Conference Committee stood,--Yeas

14, Nays 24; so that, though accepted in the House, it was

lost in the Senate. On motion of Mr. Wilson, of Massachusetts,

another Conference Committee was ordered, consisting of

himself, Mr. Harlan, of Iowa, and Mr. Willey, of West Virginia.

The House, on their part, appointed Mr. Schenck, of Ohio, Mr.

Boutwell, of Massachusetts, and Mr. Rollins, of Missouri. The

Committee reported still another bill, placing the bureau in

the War Department.

March 3d, the Senate agreed to the report without a division.

In the House, after an ineffectual effort to lay it on the

table, it was agreed to without a division, and the same day

was approved by the President.

MAKE HASTE SLOWLY: IRREVERSIBLE GUARANTIES.

SPEECH IN THE SENATE, ON THE RECOGNITION OF ARKANSAS, JUNE 13, 1864.

June 10th, Mr. Lane, of Kansas, asked, and by unanimous

consent obtained, leave to bring in a joint resolution for

the recognition of the Free State Government of the State of

Arkansas, which was read, passed to a second reading, and

ordered to be printed.

June 13th, he called it up for consideration, when Mr. Sumner

made the following speech.

MR. PRESIDENT,--I begin by expressing sympathy with every loyal soul in

a Rebel State. Knowing well, from long experience, the cruel rule and

domination of Slavery, even in this Chamber, I cannot be indifferent to

the trials of loyalty anywhere in these latter days. Show me a man who

in a Rebel State stands faithful to the national cause, and I go forth

to meet him with heart in hand. To have been true at a time when truth

was disowned is enough for honor as well as thanks. But the merits of

individuals cannot determine the rights of States.

The case is too important. If individual merits, universally

recognized, could save a State to present rights in the Union,

Tennessee would not now be a self-condemned exile. There are few

anywhere so entirely true as Andrew Johnson, and not one in all the

Rebel States who so bravely encountered the Rebellion face to face.

Ten men might have saved Sodom; but he was in himself more than ten

men. Besides, he was a Senator on this floor, when the State he

represented took its place in the Rebel Confederacy, and joined in

war against the National Government; but he stayed behind with his

country, and kept his seat here. Persons ignorant of Parliamentary

Law have sometimes argued from the latter circumstance that Rebel

Tennessee was still entitled to her ancient rights in the Union; but

they forget two principles, fixed long ago, beyond all question, in

England, the original home of Parliamentary Law: first, that the power

once conferred by an election to Parliament is irrevocable, so that

it is not affected by any subsequent change in the constituency; and,

secondly, that a member, when once chosen, is _member for the whole

kingdom_, becoming thereby, according to the words of an early author,

not merely knight or burgess of the county or borough which elected

him, but knight or burgess of England.[357] If these two principles are

not entirely discarded in our political system, then the seat of Andrew

Johnson was not in any respect affected by the subsequent madness of

his State, nor can the legality of his seat be any argument for the

ancient rights of his State.

Nor, again, can the fact that Andrew Johnson has been selected by

the Convention of a powerful political party as candidate for the

Vice-Presidency be any argument for these ancient rights. It is not

necessary that a candidate for President or Vice-President should

belong to a State. It is enough, under the Constitution, that he is “a

natural born citizen.” He may be of the District of Columbia, or of a

Territory, or of a Rebel State; for these are all equally within the

rightful jurisdiction of the United States, and this is enough. The

national jurisdiction is permanent and indefeasible.

Therefore, I repeat again, we must look beyond the virtues of

individuals. Not all the virtues under heaven can suffice to make a

State of this Union, or establish any claim for restoration to ancient

rights, where there is failure to comply with essential requirements.

* * * * *

The question under consideration is of momentous interest. It concerns

primarily the claim to a seat in the Senate; but it includes also the

right of the State of Arkansas to share at this moment in the National

Government by representation in Congress, and also the other right of

participating in the approaching Presidential election. And behind this

great question looms that other, “How shall we treat the Rebel States?”

This has already been answered by the House of Representatives in a

bill passed by that body; but it has not yet been decided by the Senate.

Unexpectedly, the great question and all the subordinate questions are

presented for decision. Not only Arkansas, but Louisiana, and every

other Rebel State, will await your judgment. No question of equal

importance has been presented since it was determined to meet the

Rebellion by arms.

For the present I forbear all minute discussion, either of history

or principle. It will be enough, if I state the case, and exhibit the

questions involved.

William M. Fishback, a citizen of Arkansas, appears before the Senate

of the United States, and claims membership. He asserts that he has

been duly chosen to fill the unexpired term of Senator Sebastian, who

was expelled in 1861 for complicity with the Rebellion; and he produces

a certificate purporting to be signed by the Governor of Arkansas.

Shall this claimant be admitted to a seat in the Senate? Such is the

immediate question. But I have said that there are other questions, of

the highest importance, which must be considered now and here; for they

all enter into the present case. Admitting the claimant, we must also

admit that other claimant who has appeared with like credentials as

colleague. The question is not, therefore, Shall Arkansas have one vote

in the Senate? but, Shall it have two?

Then, again, if Arkansas is fully represented in the Senate, does it

not follow that it is to be represented to the same extent in the

other House? If represented in that Chamber, such representation must

be under the existing Apportionment Act, assigning to Arkansas two

Representatives, chosen by districts, without reference to the number

of votes polled in either.

One privilege draws after it another. To him that hath shall be given.

If Arkansas is admitted to immediate representation in the National

Government, this Rebel State, which has overthrown the Constitution

within its borders, and assumed the front of war, can participate in

the approaching election of President and Vice-President by organizing

an electoral college, and, in case the election of either of those

great officers should devolve upon Congress, can give a vote affecting

the result as weighty as that of Massachusetts, New York, or Illinois;

for, in such case, the vote, which in the Senate is _per capita_, is in

the House by States.

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