CHAPTER V.

THE FREEDMEN.

Necessities of the Freedmen -- Committee in the House --

Early movement by the Senate in behalf of Freedmen --

Senator Wilson's Bill -- Occasion for it -- Mr. Cowan moves

its reference -- Mr. Reverdy Johnson advises deliberation --

A question of time with Mr. Sherman -- Mr. Trumbull promises

a more efficient bill -- Mr. Sumner presents proof of the

bad condition of affairs in the South -- Mr. Cowan and Mr.

Stewart produce the President as a witness for the defense

-- Mr. Wilson on the testimony -- "Conservatism" -- The bill

absorbed in greater measures.

The necessities of three millions and a half of persons made free as a

result of the rebellion demanded early and efficient legislation at

the hands of the Thirty-ninth Congress. In vain did the Proclamation

of Emancipation break their shackles, and the constitutional amendment

declare them free, if Congress should not "enforce" these important

acts by "appropriate legislation."

The House of Representatives signified its view of the importance of

this subject by constituting an able Committee "on Freedmen," with

Thomas D. Eliot, of Massachusetts, as its chairman. The Senate,

however, was first to take decided steps toward the protection and

relief of freedmen. We have seen that on the first day of the session

Senator Wilson, of Massachusetts, introduced a bill "to maintain the

freedom of the inhabitants in the States declared in insurrection and

rebellion by the proclamation of the President of the 1st of July,

1862," of which the following is a copy:

_Be it enacted, etc._, That all laws, statutes, acts,

ordinances, rules and regulations, of any description

whatsoever, heretofore in force or held valid in any of the

States which were declared to be in insurrection and

rebellion by the proclamation of the President of the 1st of

July, 1862, whereby or wherein any inequality of civil

rights and immunities among the inhabitants of said States

is recognized, authorized, established, or maintained, by

reason or in consequence of any distinctions or differences

of color, race, or descent, or by reason or in consequence

of a previous condition or status of slavery or involuntary

servitude of such inhabitants, be, and are hereby, declared

null and void; and it shall be unlawful to institute, make,

ordain, or establish, in any of the aforesaid States

declared to be in insurrection and rebellion, any such law,

statute, act, ordinance, rule, or regulation, or to enforce,

or to attempt to enforce, the same.

SEC. 2. _And be it further enacted_, That any person who

shall violate either of the provisions of this act shall be

deemed guilty of a misdemeanor, and shall be punished by a

fine of not less than $500 nor exceeding $10,000, and by

imprisonment not less than six months nor exceeding five

years; and it shall be the duty of the President to enforce

the provisions of this act.

On the 13th of December, Mr. Wilson called up his bill, which the

Senate proceeded to consider as in Committee of the Whole. The author

of the bill presented reasons why it should become a law: "A bill is

pending before the Legislature of South Carolina making these freedmen

servants, providing that the persons for whom they labor shall be

their masters; that the relation between them shall be the relation of

master and servant. The bill, as originally reported, provided that

the freedmen might be educated, but that provision has already been

stricken out, and the bill now lies over waiting for events here. That

bill makes the colored people of South Carolina serfs, a degraded

class, the slaves of society. It is far better to be the slave of one

man than to be the slave of arbitrary law. There is no doubt of the

fact that in a great portion of those States the high hopes, the

confidence, and the joy expressed last spring by the freedmen, have

passed away; that silence and sorrow pervade that section of the

country, and that they are becoming distrustful and discontented. God

grant that the high-raised expectations of these loyal and deserted

people may not be blasted. God forbid that we should violate our

plighted faith."

Mr. Cowan moved the reference of the bill to the Committee on the

Judiciary, but its author was unwilling that it should be so referred,

since it was highly important that action should be had upon it before

the holidays.

Mr. Johnson said that the bill gave rise to grave questions on which

it was very desirable that the deliberation of the Senate should be

very calmly advised. He objected on the ground of its indefiniteness:

"There are no particular laws designated in the bill to be repealed.

All laws existing before these States got into a condition of

insurrection, by which any difference or inequality is created or

established, are to be repealed. What is to be the effect of that

repeal upon such laws as they exist? In some of those States, by the

constitution or by the laws, (and the constitution is equally a law,)

persons of the African race are excluded from certain political

privileges. Are they to be repealed, and at once, by force of that

repeal, are they to be placed exactly upon the same footing in regard

to all political privileges with that which belongs to the other class

of citizens? Very many of those laws are laws passed under the police

power, which has always been conceded as a power belonging to the

States--laws supposed to have been necessary in order to protect the

States themselves from insurrection. Are they to be repealed

absolutely?

"No man feels more anxious certainly than I do that the rights

incident to the condition of freedom, which is now as I personally am

glad to believe, the condition of the black race, should not be

violated; but I do not know that there is any more pressing need for

extraordinary legislation to prevent outrages upon that class, by any

thing which is occurring in the Southern States, than there is for

preventing outrages in the loyal States. Crimes are being perpetrated

every day in the very justly-esteemed State from which the honorable

member comes. Hardly a paper fails to give us an account of some most

atrocious and horrible crime. Murders shock the sense of that

community and the sense of the United States very often; and it is not

peculiar to Massachusetts. Moral by her education, and loving freedom

and hating injustice as much as the people of any other State, she yet

is unable to prevent a violation of every principle of human rights,

but we are not for that reason to legislate for her."

Mr. Wilson replied: "The Senator from Maryland says that cruelties and

great crimes are committed in all sections of the country. I know it;

but we have not cruel and inhuman laws to be enforced. Sir, armed men

are traversing portions of the rebel States to-day enforcing these

black laws upon men whom we have made free, and to whom we stand

pledged before man and God to maintain their freedom. A few months ago

these freedmen were joyous, hopeful, confident. To-day they are

distrustful, silent, and sad, and this condition has grown out of the

wrongs and cruelties and oppressions that have been perpetrated upon

them."

Mr. Sherman said: "I believe it is the duty of Congress to give to the

freedmen of the Southern States ample protection in all their natural

rights. With me it is a question simply of time and manner. I submit

to the Senator of Massachusetts whether this is the time for the

introduction of this bill. I believe it would be wiser to postpone all

action upon this subject until the proclamation of the Secretary of

State shall announce that the constitutional amendment is a part of

the supreme law of the land. When that is done, there will then be, in

my judgment, no doubt of the power of Congress to pass this bill, and

to make it definite and general in its terms.

"Then, as I have said, it is a question of manner. When this question

comes to be legislated upon by Congress, I do not wish it to be left

to the uncertain and ambiguous language of this bill. I think that the

rights which we desire to secure to the freedmen of the South should

be distinctly specified.

"The language of this bill is not sufficiently definite and distinct

to inform the people of the United States of precisely the character

of rights intended to be secured by it to the freedmen of the Southern

States. The bill in its terms applies only to those States which were

declared to be in insurrection; and the same criticism would apply to

this part of it that I have already made, that it is not general in

its terms."

Mr. Trumbull made some remarks of great significance, as foreshadowing

important measures soon to occupy the attention of Congress and the

country:

"I hold that under that second section Congress will have the

authority, when the constitutional amendment is adopted, not only to

pass the bill of the Senator from Massachusetts, but a bill that will

be much more efficient to protect the freedman in his rights. We may,

if deemed advisable, continue the Freedman's Bureau, clothe it with

additional powers, and, if necessary, back it up with a military

force, to see that the rights of the men made free by the first clause

of the constitutional amendment are protected. And, sir, when the

constitutional amendment shall have been adopted, if the information

from the South be that the men whose liberties are secured by it are

deprived of the privilege to go and come when they please, to buy and

sell when they please, to make contracts and enforce contracts, I give

notice that, if no one else does, I shall introduce a bill, and urge

its passage through Congress, that will secure to those men every one

of these rights; they would not be freemen without them. It is idle to

say that a man is free who can not go and come at pleasure, who can

not buy and sell, who can not enforce his rights. These are rights

which the first clause of the constitutional amendment meant to secure

to all."

On a subsequent day, December 20, 1865, when this subject was again

before the Senate, Mr. Sumner spoke in its favor. Referring to the

message of the President on the "Condition of the Southern States,"

the Senator said:

"When I think of what occurred yesterday in this chamber; when I call

to mind the attempt to whitewash the unhappy condition of the rebel

States, and to throw the mantle of official oblivion over sickening

and heart-rending outrages, where human rights are sacrificed and

rebel barbarism receives a new letter of license, I feel that I ought

to speak of nothing else. I stood here years ago, in the days of

Kansas, when a small community was surrendered to the machinations of

slave-masters. I now stand here again, when, alas! an immense region,

with millions of people, has been surrendered to the machinations of

slave-masters. Sir, it is the duty of Congress to arrest this fatal

fury. Congress must dare to be brave; it must dare to be just."

After having quoted copiously from the great Russian act by which the

freedom given to the serfs by the Emperor's proclamation "was

secured," and having emphasized them as examples for American

legislation, Mr. Sumner said:

"My colleague is clearly right in introducing his bill and pressing it

to a vote. The argument for it is irresistible. It is essential to

complete emancipation. Without it emancipation will be only _half

done_. It is our duty to see that it is wholly done. Slavery must be

abolished not in form only, but in substance, so that there shall be

no black code; but all shall be equal before the law."

He then read extracts from letters and documents, showing the hostile

sentiments of the people, and the unhappy condition of the colored

population in nearly all of the rebel States, and closed by saying: "I

bring this plain story to a close. I regret that I have been

constrained to present it. I wish it were otherwise. But I should have

failed in duty had I failed to speak. Not in anger, not in vengeance,

not in harshness have I spoken; but solemnly, carefully, and for the

sake of my country and humanity, that peace and reconciliation may

again prevail. I have spoken especially for the loyal citizens who are

now trodden down by rebel power. You have before you the actual

condition of the rebel States. You have heard the terrible testimony.

The blood curdles at the thought of such enormities, and especially at

the thought that the poor freedmen, to whom we owe protection, are

left to the unrestrained will of such a people smarting with defeat,

and ready to wreak vengeance upon these representatives of a true

loyalty. In the name of God let us protect them. Insist upon

guarantees. Pass the bill now under consideration; pass any bill; but

do not let this crying injustice rage any longer. An avenging God can

not sleep while such things find countenance. If you are not ready to

be the Moses of an oppressed people, do not become its Pharaoh."

Mr. Cowan rebuked the Senator from Massachusetts for applying the term

"whitewash" to the message of the President. He then charged Mr.

Sumner with reading from "anonymous letter-writers, from cotton

agents, and people of that kind," and placed against them "the

testimony of the President of the United States, not a summer soldier,

or a sunshine patriot, who was a Union man, and who was in favor of

the Union at a time and in a place when there was some merit in it."

He then proceeded to read extracts from the President's message and

General Grant's report.

On a subsequent day, Mr. Stewart, of Nevada, made a speech in

opposition to the positions assumed by Mr. Sumner. He declared his

opinion that "if the great mass of the people of the South are capable

of the atrocities attributed to them by the anonymous witnesses

paraded before this Senate, then a union of these States is

impossible; then hundreds and thousands of the bravest and best of our

land have fallen to no purpose; then every house, from the gulf to the

lakes, is draped in mourning without an object; then three thousand

millions of indebtedness hangs like a pall upon the pride and

prosperity of the people, only to admonish us that the war was wicked,

useless, and cruel."

After making the remark, "In judging of testimony upon ordinary

subjects, we take into consideration not only the facts stated, but

the character and standing of the witness, his means of information,

and last, but not least, his appearance upon the stand," Mr. Stewart

thus spoke in behalf of the principal witness relied upon in the

defense of the South: "In this great cause, the Senate properly called

upon the chief Executive of the nation for information. Was he a

witness whose character and standing before the country would entitle

his testimony to consideration? Let the voice of a great people, who

have indorsed his patriotism and administration, answer. Were his

means of information such as to entitle him to speak advisedly upon

this subject? Let the machinery of the Government, that collects facts

from every department, civil and military, upon the table of the

Executive, answer. Was not his appearance before the public, in

communicating this testimony to the Senate and the country such as to

remove all grounds of suspicion? Let the exalted tone, bold and

fearless statement, pure and patriotic spirit of both his messages be

his best vindication."

The Senator's remarks were principally directed in opposition to the

policy of regarding the rebel States as "conquered territories." He

finally remarked: "I wish to be distinctly understood as not opposing

the passage of the bill. I am in favor of legislation on this subject,

and such legislation as shall secure the freedom of those who were

formerly slaves, and their equality before the law; and I maintain

that it can be fully secured without holding the Southern States in

territorial subjugation."

Mr. Wilson replied: "The Senator who has just addressed us questions

the testimony adduced here by my colleague yesterday. He might as well

question the massacre at Fort Pillow, and the cruelties perpetrated at

Andersonville, where eighty-three per cent, of the men who entered the

hospitals died--Andersonville, where more American soldiers lie buried

than fell throughout the Mexican war; where more American soldiers lie

buried than were killed in battle of British soldiers in Wellington's

four great battles in Spain, and at Waterloo, Alma, Inkermann, and

Sebastopol. The Senator might as well question the atrocities of

sacked Lawrence and other atrocities committed during the war. If he

will go into the Freedman's Bureau, and examine and study the official

records of officers who, for five or six months, have taken testimony

and have large volumes of sworn facts; if he will go into the office

of General Holt, and read the reports there, his heart and soul will

be made sick at the wrongs man does to his fellow-man."

The Senator, in the course of his remarks, took occasion to express

his opinion of "conservatism:" "Progress is to be made only by

fidelity to the great cause by which we have stood during the past

four years of bloody war. For twenty-five years we had a conflict of

ideas, of words, of thoughts--words and thoughts stronger than

cannon-balls. We have had four years of bloody conflict. Slavery,

every thing that belongs or pertains to it, lies prostrate before us

to-day, and the foot of a regenerated nation is upon it. There let it

lie forever. I hope no words or thoughts of a reactionary character

are to be uttered in either house of Congress. I hope nothing is to be

uttered here in the name of 'conservatism,' the worst word in the

English language. If there is a word in the English language that

means treachery, servility, and cowardice, it is that word

'conservative.' It ought never hereafter to be on the lips of an

American statesman. For twenty years it has stood in America the

synonym of meanness and baseness. I have studied somewhat carefully

the political history of the country during the last fifteen or twenty

years, and I have always noticed that when I heard a man prate about

being a conservative and about conservatism, he was about to do some

mean thing. [Laughter.] I never knew it to fail; in fact, it is about

the first word a man utters when he begins to retreat."

Mr. Wilson declared his motives in proposing this bill, and yet

cheerfully acquiesced in its probable fate: "Having read hundreds of

pages of records and of testimony, enough to make the heart and soul

sick, I proposed this bill as a measure of humanity. I desired, before

we entered on the great questions of public policy, that we should

pass a simple bill annulling these cruel laws; that we should do it

early, and then proceed calmly with our legislation. That was my

motive for bringing this bill into the Senate so early in the session.

Many of the difficulties occurring in the rebel States, between white

men and black men, between the old masters and the freedmen, grow out

of these laws. They are executed in various parts of the States; the

military arrest their execution frequently, and the agents of the

Freedmen's Bureau set them aside; and this keeps up a continual

conflict. If these obnoxious State laws were promptly annulled, it

would contribute much to the restoration of good feeling and harmony,

relieve public officers from immense labors, and the freedmen from

suffering and sorrow; and this is the opinion of the most experienced

men engaged in the Freedmen's Bureau. I have had an opportunity to

consult with and to communicate with many of the agents of the Bureau,

with teachers, officers, and persons who understand the state of

affairs in those States.

"But, sir, it is apparent now that the bill is not to pass at present;

that it must go over for the holidays at any rate. The constitutional

amendment has been adopted, and I have introduced a bill this morning

based upon that amendment, which has been referred to the committee of

which the Senator from Illinois [Mr. Trumbull] is chairman. This bill

will go over; possibly it will not be acted upon at all. We shall

probably enter on the discussion of the broader question of annulling

all the black laws in the country, and putting these people under the

protection of humane, equal, and just laws."

The presentiment of the author of the bill was realized. The bill

never saw the light as a law of the land. Nor was it needful that it

should. It contributed to swell the volume of other and more sweeping

measures.

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