CHAPTER VI.

THE FREEDMEN'S BUREAU BILL IN THE SENATE.

The bill introduced and referred to Judiciary Committee --

Its provisions -- Argument of Mr. Hendricks against it --

Reply of Mr. Trumbull -- Mr. Cowan's amendment -- Mr.

Guthrie wishes to relieve Kentucky from the operation of the

bill -- Mr. Creswell desires that Maryland may enjoy the

benefits of the bill -- Mr. Cowan's gratitude to God and

friendship for the negro -- Remarks by Mr. Wilson -- "The

short gentleman's long speech" -- Yeas and nays -- Insulting

title.

On the 19th of December Mr. Trumbull gave notice that "on some early

day" he would "introduce a bill to enlarge the powers of the

Freedmen's Bureau so as to secure freedom to all persons within the

United States, and protect every individual in the full enjoyment of

the rights of person and property, and furnish him with means for

their vindication." Of the introduction of this measure, he said it

would be done "in view of the adoption of the constitutional amendment

abolishing slavery. I have never doubted that, on the adoption of that

amendment, it would be competent for Congress to protect every person

in the United States in all the rights of person and property

belonging to a free citizen; and to secure these rights is the object

of the bill which I propose to introduce. I think it important that

action should be taken on this subject at an early day, for the

purpose of quieting apprehensions in the minds of many friends of

freedom, lest by local legislation or a prevailing public sentiment in

some of the States, persons of the African race should continue to be

oppressed, and, in fact, deprived of their freedom; and for the

purpose, also, of showing to those among whom slavery has heretofore

existed, that unless by local legislation they provide for the real

freedom of their former slaves, the Federal Government will, by virtue

of its own authority, see that they are fully protected."

On the 5th of January, 1866, the first day of the session of Congress

after the holidays, Mr. Trumbull obtained leave to introduce a bill

"to enlarge the powers of the Freedmen's Bureau." The bill was read

twice by its title, and as it contained provisions relating to the

exercise of judicial functions by the officers and agents of the

Freedmen's Bureau, under certain circumstances, in the late insurgent

States, it was referred to the Committee on the Judiciary.

On the 11th of January Mr. Trumbull reported the bill from the

Judiciary Committee, to whom it had been referred, with some

amendments of a verbal character. On the following day these

amendments were considered by the Senate, in Committee of the Whole,

and adopted. The consideration of the bill as amended was deferred to

a subsequent day.

The bill provided that "the act to establish a Bureau for the relief

of Freedmen and Refugees, approved March 3, 1865, shall continue until

otherwise provided for by law, and shall extend to refugees and

freedmen in all parts of the United States. The President is to be

authorized to divide the section of country containing such refugees

and freedmen into districts, each containing one or more States, not

to exceed twelve in number, and by and with the advice and consent of

the Senate, to appoint an assistant commissioner for each district,

who shall give like bond, receive the same compensation, and perform

the same duties prescribed by this act and the act to which it is an

amendment. The bureau may, in the discretion of the President, be

placed under a commissioner and assistant commissioners, to be

detailed from the army, in which event each officer so assigned to

duty is to serve without increase of pay or allowances.

"The commissioner, with the approval of the President, is to divide

each district into a number of sub-districts, not to exceed the number

of counties or parishes in each State, and to assign to each

sub-district at least one agent, either a citizen, officer of the

army, or enlisted man, who, if an officer, is to serve without

additional compensation or allowance, and if a citizen or enlisted

man, is to receive a salary not exceeding $1,500 per annum. Each

assistant commissioner may employ not exceeding six clerks, one of the

third class and five of the first class, and each agent of a

sub-district may employ two clerks of the first class. The President

of the United States, through the War Department and the commissioner,

is to extend military jurisdiction and protection over all employés,

agents, and officers of the bureau, and the Secretary of War may

direct such issues of provisions, clothing, fuel, and other supplies,

including medical stores and transportation, and afford such aid,

medical or otherwise, as he may deem needful for the immediate and

temporary shelter and supply of destitute and suffering refugees and

freedmen, their wives and children, under such rules and regulations

as he may direct.

"It is also provided that the President may, for settlement in the

manner prescribed by section four of the act to which this is an

amendment, reserve from sale or settlement, under the homestead or

preemption laws, public lands in Florida, Mississippi, and Arkansas,

not to exceed three million acres of good land in all, the rental

named in that section to be determined in such manner as the

commissioner shall by regulation prescribe. It proposes to confirm and

make valid the possessory titles granted in pursuance of Major-General

Sherman's special field order, dated at Savannah, January 16, 1865.

The commissioner, under the direction of the President, is to be

empowered to purchase or rent such tracts of land in the several

districts as may be necessary to provide for the indigent refugees and

freedmen dependent upon the Government for support; also to purchase

sites and buildings for schools and asylums, to be held as United

States property until the refugees or freedmen shall purchase the

same, or they shall be otherwise disposed of by the commissioner.

"Whenever in any State or district in which the ordinary course of

judicial proceedings has been interrupted by the rebellion, and

wherein, in consequence of any State or local law, ordinance, police

or other regulation, custom, or prejudice, any of the civil rights or

immunities belonging to white persons (including the right to make and

enforce contracts, to sue, be parties, and give evidence, to inherit,

purchase, lease, sell, hold, and convey real and personal property,

and to have full and equal benefit of all laws and proceedings for the

security of person and estate), are refused or denied to negroes,

mulattoes, freedmen, refugees, or any other persons, on account of

race, color, or any previous condition of slavery or involuntary

servitude, except as a punishment for crime whereof the party shall

have been duly convicted, or wherein they or any of them are subjected

to any other or different punishment, pains, or penalties, for the

commission of any act or offense, than are prescribed for white

persons committing like acts or offenses, it is to be the duty of the

President of the United States, through the commissioner, to extend

military protection and jurisdiction over all cases affecting such

persons so discriminated against.

"Any person who, under color of any State or local law, ordinance,

police, or other regulation or custom, shall, in any State or district

in which the ordinary course of judicial proceedings has been

interrupted by the rebellion, subject, or cause to be subjected, any

negro, mulatto, freedman, refugee, or other person, on account of race

or color, or any previous condition of slavery or involuntary

servitude, except as a punishment for crime whereof the party shall

have been duly convicted, or for any other cause, to the deprivation

of any civil right secured to white persons, or to any other or

different punishment than white persons are subject to for the

commission of like acts or offenses, is to be deemed guilty of a

misdemeanor, and be punished by fine not exceeding $1,000 or

imprisonment not exceeding one year, or both. It is to be the duty of

the officers and agents of this bureau to take jurisdiction of and

hear and determine all offenses committed against this provision; and

also of all cases affecting negroes, mulattoes, freedmen, refugees, or

other persons who are discriminated against in any of the particulars

mentioned in this act, under such rules and regulations as the

President of the United States, through the War Department, may

prescribe. This jurisdiction is to cease and determine whenever the

discrimination on account of which it is conferred ceases, and is in

no event to be exercised in any State in which the ordinary course of

judicial proceedings has not been interrupted by the rebellion, nor in

any such State after it shall have been fully restored in all its

constitutional relations to the United States, and the courts of the

State and of the United States within its limits are not disturbed or

stopped in the peaceable course of justice."

Other business occupying the attention of the Senate, the

consideration of the Freedman's Bureau Bill was not practically

entered upon until the 18th of January. On that day, Mr. Stewart made

a speech ostensibly on this bill, but really on the question of

reconstruction and negro suffrage, in reply to remarks by Mr. Wade on

those subjects.

Mr. Trumbull moved as an amendment to the bill that occupants on land

under General Sherman's special field order, dated at Savannah,

January 16, 1865; should be confirmed in their possessions for the

period of three years from the date of said order, and no person

should be disturbed in said possession during the said three years

unless a settlement should be made with said occupant by the owner

satisfactory to the commissioner of the Freedmen's Bureau.

Mr. Trumbull explained the circumstances under which the freedmen had

obtained possessory titles to lands in Georgia, and urged the

propriety of their being confirmed by Congress for three years. He

said:

"I should be glad to go further. I would be glad, if we could, to

secure to these people, upon any just principle, the fee of this land;

but I do not see with what propriety we could except this particular

tract of country out of all the other lands in the South, and

appropriate it in fee to these parties. I think, having gone upon the

land in good faith under the protection of the Government, we may

protect them there for a reasonable time; and the opinion of the

committee was that three years would be a reasonable time."

On the following day, Mr. Hendricks presented his objections to the

bill in a speech of considerable length. He was followed by Mr.

Trumbull in reply. As both were members of the Judiciary Committee

from which the bill was reported, and both had carefully considered

the reasons for and against the measure, their arguments are given at

length.

[Illustration: Hon. T. A. Hendricks, Senator from Indiana.]

Mr. Hendricks said: "At the last session of Congress the original law

creating that bureau was passed. We were then in the midst of the war;

very considerable territory had been brought within the control of the

Union troops and armies, and within the scope of that territory, it

was said, there were many freedmen who must be protected by a bill of

that sort; and it was mainly upon that argument that the bill was

enacted. The Senate was very reluctant to enact the law creating the

bureau as it now exists. There was so much hesitancy on the part of

the Senate, that by a very large vote it refused to agree to the bill

reported by the Senator from Massachusetts, [Mr. Sumner,] from a

committee of conference, and I believe the honorable Senator from

Illinois, [Mr. Trumbull,] who introduced this bill, himself voted

against that bill; and why? That bill simply undertook to define the

powers and duties of the Freedmen's Bureau and its agents, and the

Senate would not agree to confer the powers that that bill upon its

face seemed to confer, and it was voted down; and then the law as it

now stands was enacted in general terms. There was very little gained,

indeed, by the Senate refusing to pass the first bill and enacting the

latter, for under the law as it passed, the Freedmen's Bureau assumed

very nearly all the jurisdiction and to exercise all the powers

contemplated in the bill reported by the Senator from Massachusetts.

"Now, sir, it is important to note very carefully the enlargement of

the powers of this bureau proposed by this bill; and in the first

place, it proposes to make the bureau permanent. The last Congress

would not agree to this. The bill that the Senate voted down did not

limit the duration of the bureau, and it was voted down, and the bill

that the Senate agreed to provided that the bureau should continue

during the war and only for one year after its termination. That was

the judgment of the Senate at the last session. What has occurred

since to change the judgment of the Senate in this important matter?

What change in the condition of the country induces the Senate now to

say that this shall be a permanent bureau or department of the

Government, when at the last session it said it should cease to exist

within one year after the conclusion of the war? Why, sir, it seems to

me that the country is now, and especially the Southern States are now

in better condition than the Senate had reason to expect when the law

was enacted. Civil government has been restored in almost all the

Southern States; the courts are restored in many of them; in many

localities they are exercising their jurisdiction within their

particular localities without let or hinderance; and why, I ask

Senators, shall we make this bureau a perpetual and permanent

institution of the Government when we refused to do it at the last

session?

"I ask Senators, in the first place, if they are now, with the most

satisfactory information that is before the body, willing to do that

which they refused to do at the last session of Congress? We refused

to pass the law when it proposed to establish a permanent department.

Shall we now, when the war is over, when the States are returning to

their places in the Union, when the citizens are returning to their

allegiance, when peace and quiet, to a very large extent, prevail over

that country, when the courts are reëstablished; is the Senate now,

with this information before it, willing to make this a permanent

bureau and department of the Government?

"The next proposition of the bill is, that it shall not be confined

any longer to the Southern States, but that it shall have a government

over the States of the North as well as of the South. The old law

allowed the President to appoint a commissioner for each of the States

that had been declared to be in rebellion--one for each of the eleven

seceding States, not to exceed ten in all. This bill provides that the

jurisdiction of the bureau shall extend wherever, within the limits of

the United States, refugees or freedmen have gone. Indiana has not

been a State in insurrection, and yet there are thousands of refugees

and freedmen who have gone into that State within the last three

years. This bureau is to become a governing power over the State of

Indiana according to the provisions of the bill. Indiana, that

provides for her own paupers, Indiana, that provides for the

government of her own people, may, under the provisions of this bill,

be placed under a government that our fathers never contemplated--a

government that must be most distasteful to freemen.

"I know it may be said that the bureau will not probably be extended

to the Northern States. If it is not intended to be extended to those

States, why amend the old law so as to give this power? When the old

law limited the jurisdiction of this bureau to the States that had

been declared in insurrection, is it not enough that the bureau should

have included one State, the State of Kentucky, over which it had no

rightful original jurisdiction? And must we now amend it so as to

place all the States of the Union within the power of this

irresponsible sub-government? This is one objection that I have to the

bill, and the next is the expense that it must necessarily impose upon

the people. We are asked by the Freedmen's Bureau in its estimates to

appropriate $11,745,050; nearly twelve million dollars for the support

of this bureau and to carry on its operations during the coming year.

I will read what he says:

"'It is estimated that the amount required for the

expenditures of the bureau for the fiscal year commencing

January, 1866, will be $11,745,050. The sum is requisite for

the following purposes:

Salaries of assistant and sub-assistant commissioners $147,500

Salaries of clerks 82,800

Stationery and printing 63,000

Quarters and fuel 15,000

Clothing for distribution 1,750,000

Commissary stores 4,106,250

Medical department 500,000

Transportation 1,980,000

School superintendents 21,000

Sites for school-houses and asylums 3,000,000

Telegraphing 18,000

Making in all the sum which I have mentioned. The old system under

this law, that was before the commissioner when he made this estimate,

requires an expenditure to carry on its operations of nearly twelve

million dollars, and that to protect, as it is called, and to govern

four millions of the people of the United States--within a few

millions of the entire cost of the Government under Mr. Adams's

administration, when the population of the States had gone up to many

millions. How is it that a department that has but a partial

jurisdiction over the people shall cost almost as much for the

management of four million people as it cost to manage the whole

Government, for its army, its navy, its legislative and judicial

departments, in former years? My learned friend from Kentucky suggests

that the expenses under John Quincy Adams's administration were about

thirteen million dollars. What was the population of the United States

at that time I am not prepared to state, but it was far above four

millions. Now, to manage four million people is to cost the people of

the United States, under the law as it stands, nearly as much as it

cost the people to manage the whole affairs of the Government under

the administration of Mr. John Quincy Adams.

"I hear Senators speak very frequently of the necessity of economy and

retrenchment. Is this a specimen, increasing the number of officers

almost without limit, and increasing the expenditures? I think one

might be safe in saying that, if this bill passes, we can not expect

to get through a year with less than $20,000,000 of an expenditure for

this bureau. But that is a mere opinion; for no man can tell until we

have the number of officers that are to be appointed under the bill

prescribed in the bill itself, and this section leaves the largest

discretion to the bureau in the appointment of officers. I appeal to

Senators to know whether, at this time, when we ought to adopt a

system of retrenchment and reform, they are willing to pass a bill

which will so largely increase the public expenditures.

"Then, sir, when this army of officers has been organized, the bill

provides: 'And the President of the United States, through the War

Department and the commissioner, shall extend military jurisdiction

and protection over all employés, agents, and officers of this

bureau.'

"Will some Senator be good enough to tell me what that means? If

Indiana be declared a State within which are found refugees and

freedmen, who have escaped from the Southern States, and if Indiana

has a commissioner appointed to her, and if in each county of Indiana

there be a sub-commissioner at a salary of $1,500 a year, with two

clerks with a salary of $1,200 each, and then the War Department

throws over this little army of office-holders in the State of Indiana

its protection, what does that mean? The people of Indiana have been

ground hard under military authority and power within the last three

or four years, but it was borne because it was hoped that when the war

would be closed the military power would be withdrawn from the State.

Under this bill it may be established permanently upon the people by a

body of men protected by the military power of the Government. An

officer is appointed to the State of Indiana to regulate the contracts

which are made between the white people and the colored people of that

State, and because he holds this office, not military in its

character, involving no military act whatever, the military throws

over him its iron shield of protection. What does that mean? If this

officer shall do a great wrong and outrage to one of the people, and

the wronged citizen appeals to the court for his redress and brings

his suit for damages, does the protecting shield of the War Department

prevent the prosecution of that suit and the recovery of a judgment?

What is the protection that is thrown over this army of

office-holders? Let it be explained.

"It may be said that this is a part of the military department. That

will depend not so much upon what we call them in the law as what are

the duties imposed upon these sub-agents. It is a little difficult to

tell. They are to protect the freedmen; they are to protect refugees;

they are to buy asylums and school-houses; they are to establish

schools; they are to see to the contracts that are made between white

men and colored men. I want to know of the chairman of the committee

that reported this bill, in what respect these duties are military in

their character? I can understand one thing, that it may be regarded

as a war upon the liberties of the people, but I am not able to see in

what respect the duties of these officers otherwise are military. But

this protection is to be thrown over them. I will not occupy longer

time upon that subject.

"The third section of the bill changes the letter of the law in two

respects: first, 'That the Secretary of War may direct such issues of

provisions, clothing, fuel, and other supplies, including medical

stores and transportation,' etc. Those last words, 'medical stores and

transportation,' make the change in the law that is proposed in this

bill. But, sir, in point of fact it makes no change in the law; for if

you will turn to the report of the commissioner of this bureau, it

will be found that the bureau, during the past six months, has been

furnishing medical supplies and transportation. A very large item in

the expenditures estimated for is transportation. But I wish to ask of

the Senator who framed this bill why we shall now provide for the

transportation of freedmen and refugees. During the war, a very large

number of refugees came from the Southern States into the North; but

the Commissioner of the Freedmen's Bureau, in his report, says that

those refugees have mainly returned, and but few remain now to be

carried back from the North to the South, or who desire to be. Then

why do we provide in this bill for transportation? Is it simply to

give the bureau the power to transport refugees and freedmen from one

locality to another at its pleasure? The necessity of carrying them

from one section of the country to another has passed away. Is it

intended by this bill that the bureau shall expend the people's money

in carrying the colored people from one locality in a Southern State

to another locality? I ask the Senator from Illinois, when he comes to

explain his bill, to tell us just what is the force and purpose of

this provision.

"The fourth resolution, as amended, provides for the setting apart of

three million acres of the public lands in the States of Florida,

Mississippi, and Arkansas for homes for the colored people. I believe

that is the only provision of the bill in which I concur. I concur in

what was said by some Senator yesterday, that it is desirable, if we

ever expect to do any thing substantially for the colored people, to

encourage them to obtain homes, and I am willing to vote for a

reasonable appropriation of the public lands for that purpose. I shall

not, therefore, occupy time in discussing that section.

"The fifth section, as amended by the proposition before the Senate,

proposes to confirm the possessory right of the colored people upon

these lands for three years from the date of that order, or about two

years from this time. I like the amendment better than the original

bill; for the original bill left it entirely uncertain what was

confirmed, and of course it is better that we should say one year, or

three years, or ten years, than to leave it entirely indefinite for

what period we do confirm the possession. I have no doubt that General

Sherman had the power, as a military commander, at the time, to set

apart the abandoned lands along the coast as a place in which to leave

the colored people then surrounding his army; but that General Sherman

during the war, or that Congress after the war, except by a proceeding

for confiscation, can take the land permanently from one person and

give it to another, I do not admit; nor did General Sherman undertake

to do that. In express terms, he said that they should have the right

of possession; for what length of time he did not say, for the reason

that he could not say. It was a military possession that he conferred,

and that possession would last only during the continuance of the

military occupation, and no longer. If General Sherman, by his General

Order No. 15, placed the colored people upon the lands along the coast

of South Carolina, Georgia, and Florida, for a temporary purpose, what

was the extent of the possessory right which he could confer? He did

not undertake to give a title for any defined period, but simply the

right of possession. It is fair to construe his order as meaning only

what he could do, giving the right of possession during military

occupancy. Now, sir, the President informs us that the rebellion is

suppressed; that the war is over; that military law no longer governs

in that country; but that peace is restored, and that civil law shall

now govern. What, then, is the law upon the subject? A right of

possession is given by the commanding general to certain persons

within that region of country; peace follows, and with peace comes

back the right of the real owners to the possession. This possession

that the General undertook to give, according to law, could not last

longer than the military occupancy. When peace comes, the right of the

owners return with it. Then how is it that Congress can undertake to

say that the property that belongs to A, B, and C, upon the islands

and sea-coast of the South, shall, for two years from this date, not

belong to them, but shall belong to certain colored people? I want to

know upon what principle of law Congress can take the property of one

man and give it to another.

"I know very well what may be done in the courts by a proceeding for

confiscation. I am not discussing that question. If there has been any

property confiscated and disposed of under proceedings of

confiscation, I do not question the title here. That is purely a

judicial question. But, sir, I deny that Congress can legislate the

property of one man into the possession of another. If this section is

to pass, I prefer that this confirmation shall be for three years

rather than leave it in the uncertain state in which General Sherman's

order left it.

"The sixth section provides, 'That the commissioners shall, under the

direction of the President, procure in the name of the United States,

by grant or purchase, such lands within the districts aforesaid as may

be required for refugees and freedmen dependent on the Government for

support; and he shall provide, or cause to be erected, suitable

buildings for asylums and schools.' Upon what principle can you

authorize the Government of the United States to buy lands for the

poor people in any State of the Union? They may be very meritorious;

their cases may appeal with great force to our sympathies; it may

almost appear necessary to prevent suffering that we should buy a home

for each poor person in the country; but where is the power of the

General Government to do this thing? Is it true that by this

revolution the persons and property of the people have been brought

within the jurisdiction of Congress, and taken from without the

control and jurisdiction of the States? I have understood heretofore

that it has never been disputed that the duty to provide for the poor,

the insane, the blind, and all who are dependent upon society, rests

upon the States, and that the power does not belong to the General

Government. What has occurred, then, in this war that has changed the

relation of the people to the General Government to so great an extent

that Congress may become the purchasers of homes for them? If we can

go so far, I know of no limit to the powers of Congress. Here is a

proposition to buy a home for each dependent freeman and refugee. The

section is not quite as strong as it might have been. It would have

been stronger, I think, in the present state of public sentiment, if

the word 'refugee' had been left out, and if it had been only for the

freedmen, because it does not seem to be so popular now to buy a home

for a white man as to buy one for a colored man. But this bill

authorizes the officers of the Freedmen's Bureau to buy homes for

white people and for black people only upon the ground that they are

dependent. If this be the law now, there has come about a startling

change in the relation of the States and of the people to the General

Government. I shall be very happy to hear from the learned head of the

Judiciary Committee upon what principle it is that in any one single

case you may buy a home for any man, whether he be rich or poor. The

General Government may buy land when it is necessary for the exercise

of any of its powers; but outside of that, it seems to me, there is no

power within the Constitution allowing it.

"The most remarkable sections of the bill, however, are the seventh

and eighth, and to those sections I will ask the very careful

attention of Senators; for I think if we can pass those two sections,

and make them a law, then indeed this Government can do any thing. It

will be useless to speak any longer of limitations upon the powers of

the General Government; it will be idle to speak of the reserved power

of the States; State rights and State power will have passed away if

we can do what is proposed in the seventh and eighth sections of this

bill. We propose, first, to legislate against the effects of 'local

law, ordinance, police, or other regulation;' then against 'custom,'

and lastly, against 'prejudice,' and to provide that 'if any of the

civil rights or immunities belonging to white persons' are denied to

any person because of color, then that person shall be taken under the

military protection of the Government. I do not know whether that will

be understood to extend to Indiana or not. That will be a very nice

point for the bureau to decide, I presume, after the enactment of the

law. The section limits its operation to 'any State or district in

which the ordinary course of judicial proceedings has been interrupted

by the rebellion.' It will be a little difficult to say whether in the

State of Indiana and Ohio the ordinary course of judicial proceeding

has or has not been interrupted. We had some war in Indiana; we had a

very great raid through that State and some fighting; and I presume

that in some cases the proceedings of the courts were interrupted and

the courts were unable to go on with their business, so that it might

be said that even in some of the Northern States this provision of the

bill would be applicable. Suppose that it were applicable to the State

of Indiana, then every man in that State, who attempted to execute the

constitution and laws of the State, would be liable for a violation of

the law. We do not allow to colored people there many civil rights and

immunities which are enjoyed by the white people. It became the policy

of the State in 1852 to prohibit the immigration of colored people

into that State. I am not going to discuss the question whether that

was a wise policy or not. At the time it received the approval of my

judgment. Under that constitutional provision, and the laws enacted in

pursuance of it, a colored man coming into the State since 1852 can

not acquire a title to real estate, can not make certain contracts,

and no negro man is allowed to intermarry with a white woman. These

are civil rights that are denied, and yet this bill proposes, if they

are still denied in any State whose courts have been interrupted by

the rebellion, the military protection of the Government shall be

extended over the person who is thus denied such civil rights or

immunities.

"The next section of the bill provides punishments where any of these

things are done, where any right is denied to a colored man which

under State law is allowed to a white man. The language is very vague,

and it is very difficult to say what this section will mean. If it has

as broad a construction as is attempted to be given to the second

section of the constitutional amendment, I would not undertake to

guess what it means. Any man who shall deny to any colored man any

civil rights secured to white persons, shall be liable to be taken

before the officers of this bureau and to be punished according to the

provisions of this section. In the first place, now that peace is

restored, now that there is no war, now that men are no longer under

military rule, but are under civil rule, I want to know how such a

court can be organized; how it is that the citizen may be arrested

without indictment, and may be brought before the officers of this

bureau and tried without a jury, tried without the forms which the

Constitution requires.

"But sir, this section is most objectionable in regard to the offense

that it defines. If any portion of the law ought to be certain, it is

that which defines crime and prescribes the punishment. What is meant

by this general expression, 'the deprivation of any civil right

secured to white persons?' The agent in one State may construe it to

mean one thing, and the agent in another State another thing. It is

broad and comprehensive--'the deprivation of any civil right secured

to white persons.' That act of deprivation is the crime that is to be

punished. Take the case that I have just referred to. Suppose a

minister, when called upon, should refuse to solemnize a marriage

between a colored man and a white woman because the law of the State

forbade it, would he then, refusing to recognize a civil right which

is enjoyed by white persons, be liable to this punishment?

"My judgment is that, under the second section of the constitutional

amendment, we may pass such a law as will secure the freedom declared

in the first section, but that we can not go beyond that limitation.

If a man has been, by this provision of the Constitution, made free

from his master, and that master undertakes to make him a slave again,

we may pass such laws as are sufficient in our judgment to prevent

that act; but if the Legislature of the State denies to the citizen as

he is now called, the freedman, equal privileges with the white man, I

want to know if that Legislature, and each member of that Legislature,

is responsible to the penalties prescribed in this bill? It is not an

act of the old master; it is an act of the State government, which

defines and regulates the civil rights of the people.

"I regard it as very dangerous legislation. It proposes to establish a

government within a government--not a republic within a republic, but

a cruel despotism within a republic. In times of peace, in communities

that are quiet and orderly, and obedient to law, it is proposed to

establish a government not responsible to the people, the officers of

which are not selected by the people, the officers of which need not

be of the people governed--a government more cruel, more despotic,

more dangerous to the liberties of the people than that against which

our forefathers fought in the Revolution. There is nothing that these

men may not do, under this bill, to oppress the people.

"Sir, if we establish courts in the Southern States, we ought to

establish courts that will be on both sides, or on neither side; but

the doctrine now is, that if a man is appointed, either to an

executive or a judicial office, in any locality where there are

colored people, he must be on the side of the negro. I have not heard,

since Congress met, that any colored man has done a wrong in this

country for many years; and I have scarcely heard that any white man

coming in contact with colored people has done right for a number of

years. Every body is expected to take sides for the colored man

against the white man. If I have to take sides, it will be with the

men of my own color and my own race; but I do not wish to do that.

Toward these people I hope that the legislation of Congress, within

the constitutional powers of Congress, will be just and fair--just to

them and just to the white people among whom they live; that it will

promote harmony among the people, and not discord; that it will

restore labor to its channels, and bring about again in those States a

condition of prosperity and happiness. Do we not all desire that? If

we do, is it well for us to inflame our passions and the passions of

the people of the North, so that their judgments shall not be equal

upon the questions between these races? It is all very well for us to

have sympathy for the poor and the unfortunate, but both sides call

for our sympathy in the South. The master, who, by his wickedness and

folly, has involved himself in the troubles that now beset him, has

returned, abandoning his rebellion, and has bent down upon his humble

knees and asked the forgiveness of the Government, and to be restored

again as a citizen. Can a man go further than that? He has been in

many cases pardoned by the Executive. He stands again as a citizen of

the country.

"What relation do we desire that the people of the North shall sustain

toward these people of the South--one of harmony and accord, or of

strife and ill will? Do we want to restore commerce and trade with

them, that we shall prosper thereby as well as they, or do we wish

permanent strife and division? I want this to be a Union in form,

under the Constitution of the United States, and, in fact, by the

harmony of the people of the North and of the South. I believe, as

General Grant says, that this bureau, especially with the enlarged

powers that we propose to confer upon it, will not be an instrument of

concord and harmony, but will be one of discord and strife in that

section of the country. It can not do good, but, in my judgment, will

do much harm."

Following immediately upon the close of the above argument, Mr.

Trumbull thus addressed the senate: "Mr. President, I feel it

incumbent on me to reply to some of the arguments presented by the

Senator from Indiana against this bill. Many of the positions he has

assumed will be found, upon examination, to have no foundation in

fact. He has argued against provisions not contained in the bill, and

he has argued also as if he were entirely forgetful of the condition

of the country and of the great war through which we have passed.

"Now, sir, what was the object of the Freedmen's Bureau, and why was

it established? It was established to look after a large class of

people who, as the results of the war, had been thrown upon the hands

of the Government, and must have perished but for its fostering care

and protection. Does the Senator mean to deny the power of this

Government to protect people under such circumstances? The Senator

must often have voted for appropriations to protect other classes of

people under like circumstances. Whenever, in the history of the

Government, there has been thrown upon it a helpless population, which

must starve and die but for its care, the Government has never failed

to provide for them. At this very session, within the last thirty

days, both houses of Congress have voted half a million dollars to

feed and clothe people during the present winter. Who were they? Many

of them were Indians who had joined the rebellion, and had slain loyal

people of the country. Yes, sir, we appropriated money to feed Indians

who had been fighting against us. We did not hear the Senator's voice

in opposition to that appropriation. What were the facts? It was

stated by our Indian agents that the Indian tribes west of Arkansas, a

part of whom had joined the rebel armies and some the Union armies,

had been driven from their country; that their property had been

destroyed; and now, the conflict of arms having ceased, they had

nothing to live upon during the winter; that they would encroach upon

the white settlements; that unless provision was made for them, they

would rob, plunder, and murder the inhabitants nearest them; and

Congress was called upon to appropriate money to buy them food and

clothing, and we did it. We did it for rebels and traitors. Were we

not bound to do it?

"Now, sir, we have thrown upon us four million people who have toiled

all their lives for others; who, unlike the Indians, had no property

at the beginning of the rebellion; who were never permitted to own any

thing, never permitted to eat the bread their own hands had earned;

many of whom are without support, in the midst of a prejudiced and

hostile population who have been struggling to overthrow the

Government. These four million people, made free by the acts of war

and the constitutional amendment, have been, wherever they could,

loyal and true to the Union; and the Senator seriously asks, What

authority have we to appropriate money to take care of them? What

would he do with them? Would he allow them to starve and die? Would he

turn them over to the mercy of the men who, through their whole lives,

have had their earnings, to be enslaved again? It is not the first

time that money has been appropriated to take care of the destitute

and suffering African. For years it has been the law that whenever

persons of African descent were brought to our shores with the

intention of reducing them to slavery, the Government should, if

possible, rescue and restore them to their native land; and we have

appropriated hundreds of thousands of dollars for this object. Can any

body deny the right to do it? Sir, humanity as well as the

constitutional obligation to suppress the slave trade required it. So

now the people relieved by our act from the control of masters who

supplied their wants that they might have their services, have a right

to rely upon us for assistance till they can have time to provide for

themselves.

"This Freedmen's Bureau is not intended as a permanent institution; it

is only designed to aid these helpless, ignorant, and unprotected

people until they can provide for and take care of themselves. The

authority to do this, so far as legislative sanction can give it, is

to be found in the action of a previous Congress which established the

bureau; but, if it were a new question, the authority for establishing

such a bureau, in my judgment, is given by the Constitution itself;

and as the Senator's whole argument goes upon the idea of peace, and

that all the consequences of the war have ceased, I shall be pardoned,

I trust, if I refer to those provisions of the Constitution which, in

my judgment, authorize the exercise of this military jurisdiction; for

this bureau is a part of the military establishment not simply during

the conflict of arms, but until peace shall be firmly established and

the civil tribunals of the country shall be restored with an assurance

that they may peacefully enforce the laws without opposition.

"The Constitution of the United States declares that Congress shall

have authority 'to declare war and make rules concerning captures on

land and water,' 'to raise and support armies,' 'to provide and

maintain a navy,' 'to make rules for the government and regulation of

the land and naval forces,' 'to provide for calling forth the militia

to execute the laws of the Union, suppress insurrection, and repel

invasion,' and 'to make all laws which shall be necessary and proper

for carrying into execution the foregoing powers.' It also declares

that 'the citizens of each State shall be entitled to all the

privileges and immunities of citizens in the several States,' and that

'the United States shall guarantee to every State in the Union a

republican form of government.' Under the exercise of these powers,

the Government has gone through a four years' conflict. It has

succeeded in putting down armed resistance to its authority. But did

the military power which was exercised to put down this armed

resistance cease the moment the rebel armies were dispersed? Has the

Government no authority to bring to punishment the authors of this

rebellion after the conflict of arms has ceased? no authority to hold

as prisoners, if necessary, all who have been captured with arms in

their hands? Can it be that, the moment the rebel armies are

dispersed, the military authority ceases, and they are to be turned

loose to arm and organize again for another conflict against the

Union? Why, sir, it would not be more preposterous on the part of the

traveler, after having, at the peril of his life, succeeded in

disarming a highwayman by whom he was assailed, to immediately turn

round and restore to the robber his weapons with which to make a new

assault.

"And yet this is what some gentlemen would have this nation do with

the worse than robbers who have assailed its life. They propose, the

rebel armies being overcome, that the rebels themselves shall be

instantly clothed with all the authority they possessed before the

conflict, and that the inhabitants of States who for more than four

years have carried on an organized war against the Government shall at

once be invested with all the powers they had at its commencement to

organize and begin it anew; nay, more, they insist that, without any

action of the Government, it is the right of the inhabitants of the

rebellious States, on laying down their arms, to resume their former

positions in the Union, with all the rights they possessed when they

began the war. If such are the consequences of this struggle, it is

the first conflict in the history of the world, between either

individuals or nations, from which such results have followed. What

man, after being despoiled of much of his substance, his children

slain, his own life periled, and his body bleeding from many wounds,

ever restored the authors of such calamities, when within his power,

to the rights they possessed before the conflict without taking some

security for the future.

"Sir, the war powers of the Government do not cease with the

dispersion of the rebel armies; they are to be continued and exercised

until the civil authority of the Government can be established firmly

and upon a sure foundation, not again to be disturbed or interfered

with. And such, sir, is the understanding of the Government. None of

the departments of the Government understand that its military

authority has ceased to operate over the rebellious States. It is but

a short time since the President of the United States issued a

proclamation restoring the privilege of the writ of _habeas corpus_ in

the loyal States; but did he restore it in the rebellious States?

Certainly not. What authority has he to suspend the privilege of that

writ anywhere, except in pursuance of the constitutional provision

allowing the writ to be suspended 'when in cases of rebellion or

invasion the public safety may require it?' Then the President

understands that the public safety in the insurrectionary States still

requires its suspension.

"The Attorney-General, when asked, a few days ago, why Jefferson Davis

was not put upon trial, told you that, 'though active hostilities have

ceased, a state of war still exists over the territory in rebellion,'

so that it could not be properly done. General Grant, in an order

issued within a few days--which I commend to the especial

consideration of the Senator from Indiana, for it contains many of the

provisions of the bill under consideration--an order issued with the

approbation of the Executive, for such an order, I apprehend, could

not have been issued without his approbation--directs 'military

division and department commanders, whose commands embrace or are

composed of any of the late rebellious States, and who have not

already done so, will at once issue and enforce orders protecting from

prosecution or suits in the State, or municipal courts of such State,

all officers and soldiers of the armies of the United States, and all

persons thereto attached, or in anywise thereto belonging; subject to

military authority, charged with offenses for acts done in their

military capacity, or pursuant to orders from proper military

authority; and to protect from suit or prosecution all loyal citizens

or persons charged with offenses done against the rebel forces,

directly or indirectly, during the existence of the rebellion; and all

persons, their agents and employés, charged with the occupancy of

abandoned lands or plantations, or the possession or custody of any

kind of property whatever, who occupied, used, possessed, or

controlled the same, pursuant to the order of the President, or any of

the civil or military departments of the Government, and to protect

them from any penalties or damages that may have been or may be

pronounced or adjudged in said courts in any of such cases; and also

protecting colored persons from prosecutions, in any of said States,

charged with offenses for which white persons are not prosecuted or

punished in the same manner and degree.'"

Mr. Saulsbury having asked whether the Senator believed that General

Grant or the President had any constitutional authority to make such

an order as that, Mr. Trumbull replied: "I am very glad the Senator

from Delaware has asked the question. I answer, he had most ample and

complete authority. I indorse the order and every word of it. It would

be monstrous if the officers and soldiers of the army and loyal

citizens were to be subjected to suits and prosecutions for acts done

in saving the republic, and that, too, at the hands of the very men

who sought its destruction. Why, had not the Lieutenant-General

authority to issue the order? Have not the civil tribunals in all the

region of country to which order applies been expelled by armed rebels

and traitors? Has not the power of the Government been overthrown

there? Is it yet reëstablished? Some steps have been taken toward

reëstablishing it under the authority of the military, and in no other

way. If any of the State governments recently set up in the rebellious

States were to undertake to embarrass military operations, I have no

doubt they would at once be set aside by order of the Lieutenant-General,

in pursuance of directions from the Executive. These governments which

have been set up act by permission of the military. They are made use

of, to some extent, to preserve peace and order and enforce civil

rights between parties; and, so far as they act in harmony with the

Constitution and laws of the United States and the orders of the

military commanders, they are permitted to exercise authority; but

until those States shall be restored in all their constitutional

relations to the Union, they ought not to be permitted to exercise

authority in any other way.

"I desire the Senator from Indiana to understand that it is under this

war power that the authority of the Freedmen's Bureau is to be

exercised. I do not claim that its officers can try persons for

offenses without juries in States where the civil tribunals have not

been interrupted by the rebellion. The Senator from Indiana argues

against this bill as if it was applicable to that State. Some of its

provisions are, but most of them are not, unless the State of Indiana

has been in rebellion against the Government; and I know too many of

the brave men who have gone from that State to maintain the integrity

of the Union and put down the rebellion to cast any such imputation

upon her. She is a loyal and a patriotic State; her civil government

has never been usurped or overthrown by traitors, and the provisions

of the seventh and eighth sections of the bill to which the Senator

alludes can not, by their very terms, have any application to the

State of Indiana. Let me read the concluding sentence of the eighth

section:

"'The jurisdiction conferred by this section on the officers

and agents of this bureau to cease and determine whenever,

the discrimination on account of which it is conferred

ceases, and in no event to be exercised in any State in

which the ordinary course of judicial proceedings has not

been interrupted by the rebellion, nor in any such State

after said State shall have been fully restored in all its

constitutional relations to the United States, and the

courts of the State and of the United States within, the

same are not disturbed or stopped in the peaceable course of

justice.'

"Will the Senator from Indiana admit for a moment that the courts in

his State are now disturbed or stopped in the peaceable course of

justice? If they were ever so disturbed, they are not now. Will the

Senator admit that the State of Indiana does not have and exercise all

its constitutional rights as one of the States of this Union? The

judicial authority conferred by this bill applies to no State, not

even to South Carolina, after it shall have been restored in all its

constitutional rights.

"There is no provision in the bill for the exercise of judicial

authority except in the eighth section. Rights are declared in the

seventh, but the mode of protecting them is provided in the eighth

section, and the eighth section then declares explicitly that the

jurisdiction that is conferred shall be exercised only in States which

do not possess full constitutional rights as parts of the Union.

Indiana has at all times had all the constitutional rights pertaining

to any State, has them now, and therefore the officers and agents of

this bureau can take no jurisdiction of any case in the State of

Indiana. It will be another question, which I will answer, and may as

well answer now, perhaps, as to what is meant by 'military

protection.'

"The second section declares that 'the President of the United States,

through the War Department and the commissioner, shall extend military

jurisdiction and protection over all employés, agents, and officers of

this bureau.' He wants to know the effect of that in Indiana. This

bureau is a part of the military establishment. The effect of that in

Indiana is precisely the same as in every other State, and under it

the officers and agents of the Freedmen's Bureau will occupy the same

position as do the officers and soldiers of the United States Army.

What is that? While they are subject to the Rules and Articles of War,

if they chance to be in Indiana and violate her laws, they are held

amenable the same as any other person. The officer or soldier in the

State of Indiana who commits a murder or other offense upon a citizen

of Indiana, is liable to be indicted, tried, and punished, just as if

he were a civilian. When the sheriff goes with the process to arrest

the soldier or officer who has committed the offense, the military

authorities surrender him up to be tried and punished according to the

laws of the State. It has always been done, unless in time of war when

the courts were interrupted. The jurisdiction and 'protection' that is

extended over these officers and agents is for the purpose of making

them subject to the Rules and Articles of War. It is necessary for

this reason: in the rebellious States civil authority is not yet fully

restored. There would be no other way of punishing them, of holding

them to accountability, of governing and controlling them, in many

portions of the country; and it is because of the condition of the

rebellious States, and their still being under military authority,

that it is necessary to put these officers and agents of the

Freedmen's Bureau under the control of the military power.

"The Senator says the original law only embraced within its provisions

the refugees in the rebellious States; and now this bill is extended

to all the States, and he wants to know the reason. I will tell him.

When the original bill was passed, slavery existed in Tennessee,

Kentucky, Delaware, and in various other States. Since that time, by

the constitutional amendment, it has been every-where abolished."

Mr. Saulsbury, aroused by the mention of his own State, interrupted

the speaker: "I say, as one of the representatives of Delaware on this

floor, that she had the proud and noble character of being the first

to enter the Federal Union under a Constitution formed by equals. She

has been the very last to obey a mandate, legislative or executive,

for abolishing slavery. She has been the last slaveholding State,

thank God, in America, and I am one of the last slaveholders in

America."

Mr. Trumbull continued: "Well, Mr. President, I do not see

particularly what the declaration of the Senator from Delaware has to

do with the question I am discussing. His State may have been the last

to become free, but I presume that the State of Delaware, old as she

is, being the first to adopt the Constitution, and noble as she is,

will submit to the Constitution of the United States, which declares

that there shall be no slavery within its jurisdiction." [Applause in

the galleries.]

"It is necessary, Mr. President, to extend the Freedmen's Bureau

beyond the rebel States in order to take in the State of Delaware,

[laughter,] the loyal State of Delaware, I am happy to say, which did

not engage in this wicked rebellion; and it is necessary to protect

the freedmen in that State as well as elsewhere; and that is the

reason for extending the Freedmen's Bureau beyond the limits of the

rebellious States.

"Now, the Senator from Indiana says it extends all over the United

States. Well, by its terms it does, though practically it can have

little if any operation outside of the late slaveholding States. If

freedmen should congregate in large numbers at Cairo, Illinois, or at

Evansville, Indiana, and become a charge upon the people of those

States, the Freedmen's Bureau would have a right to extend its

jurisdiction over them, provide for their wants, secure for them

employment, and place them in situations where they could provide for

themselves; and would the State of Illinois or the State of Indiana

object to that? The provisions of the bill which would interfere with

the laws of Indiana can have no operation there.

"Again, the Senator objects very much to the expense of this bureau.

Why, sir, as I have once or twice before said, it is a part of the

military establishment. I believe nearly all its officers at the

present time are military officers, and by the provisions of the

pending bill they are to receive no additional compensation when

performing duties in the Freedmen's Bureau. The bill declares that the

'bureau may, in the discretion of the President, be placed under a

commissioner and assistant commissioners, to be detailed from the

army, in which event each officer so assigned to duty shall serve

without increase of pay or allowances.'

"I shall necessarily, Mr. President, in following the Senator from

Indiana, speak somewhat in a desultory manner; but I prefer to do so

because I would rather meet the objections made directly than by any

general speech. I will, therefore, take up his next objection, which

is to the fifth section of the bill. That section proposes to confirm

for three years the possessory titles granted by General Sherman. The

Senator from Indiana admits that General Sherman had authority, when

at the head of the army at Savannah, and these people were flocking

around him and dependent upon him for support, to put them upon the

abandoned lands; but he says that authority to put them there and

maintain them there ceased with peace. Well, sir, a sufficient answer

to that would be that peace has not yet come; the effects of war are

not yet ended; the people of the States of South Carolina, Georgia,

and Florida, where these lands are situated, are yet subject to

military control. But I deny that if peace had come the authority of

the Government to protect these people in their possessions would

cease the moment it was declared. What are the facts? The owners of

these plantations had abandoned them and entered the rebel army. They

were contending against the army which General Sherman then commanded.

Numerous colored people had flocked around General Sherman's army. It

was necessary that he should supply them to save them from starvation.

His commissariat was short. Here was this abandoned country, owned by

men arrayed in arms against the Government. He, it is admitted, had

authority to put these followers of his army upon these lands, and

authorize them to go to work and gain a subsistence if they could.

They went on the lands to the number of forty or fifty thousand,

commenced work, have made improvements; and now will the Senator from

Indiana tell me that upon any principle of justice, humanity, or law,

if peace had come when these laborers had a crop half gathered, the

Government of the United States, having rightfully placed them in

possession, and pledged its faith to protect them there for an

uncertain period, could immediately have turned them off and put in

possession those traitor owners who had abandoned their homes to fight

against the Government?

"The Government having placed these people rightfully upon these

lands, and they having expended their labor upon them, they had a

right to be protected in their possessions, for some length of time

after peace, on the principle of equity. That is all we propose to do

by this bill. The committee thought it would not be more than a

reasonable protection to allow them to remain for three years, they

having been put upon these lands destitute, without any implements of

husbandry, without cattle, horses, or any thing else with which to

cultivate the land, and having, up to the present time, been able to

raise very little at the expense of great labor. Perhaps the Senator

thinks they ought not to remain so long. I will not dispute whether

they shall go off at the end of one year or two years. The committee

propose two years more. The order was dated in January, 1865, and we

propose three years from that time, which will expire in January,

1868, or about two years from this time.

"On account of that provision of the bill, the Senator asks me the

question whether the Government of the United States has the right, in

a time of peace, to take property from one man and give it to another.

I say no. Of course the Government of the United States has no

authority, in a time of peace, by a legislative act, to say that the

farm of the Senator from Indiana shall be given to the Senator from

Ohio; I contend for no such principle. But following that up, the

Senator wants to know by what authority you buy land or provide

school-houses for these refugees. Have we not been providing

school-houses for years? Is there a session of Congress when acts are

not passed giving away public lands for the benefit of schools? But

that does not come out of the Treasury, the Senator from Indiana will

probably answer. But how did you get the land to give away? Did you

not buy it of the Indians? Are you not appropriating, every session of

Congress, money by the million to extinguish the Indian title--money

collected off his constituents and mine by taxation? We buy the land

and then we give the land away for schools. Will the Senator tell me

how that differs from giving the money? Does it make any difference

whether we buy the land from the Indians and give it for the benefit

of schools, or whether we buy it from some rebel and give--no, sir,

use--it for the benefit of schools, with a view ultimately of selling

it for at least its cost? I believe I would rather buy from the

Indian; but still, if the traitor is to be permitted to have a title,

we will buy it from him if we can purchase cheaper.

"Sir, it is a matter of economy to do this. The cheapest way by which

you can save this race from starvation and destruction is to educate

them. They will then soon become self-sustaining. The report of the

Freedmen's Bureau shows that to-day more than seventy thousand black

children are being taught in the schools which have been established

in the South. We shall not long have to support any of these blacks

out of the public Treasury if we educate and furnish them land upon

which they can make a living for themselves. This is a very different

thing from taking the land of A and giving it to B by an act of

Congress.

"But the Senator is most alarmed at those sections of this bill which

confer judicial authority upon the officers and agents of the

Freedmen's Bureau. He says if this authority can be exercised there is

an end to all the reserved rights of the States, and this Government

may do any thing. Not at all, sir. The authority, as I have already

shown, to be exercised under the seventh and eighth sections, is a

military authority, to be exerted only in regions of country where the

civil tribunals are overthrown, and not there after they are restored.

It is the same authority that we have been exercising all the time in

the rebellious States; it is the same authority by virtue of which

General Grant issued the order which I have just read. Here is a

perfect and complete answer to the objection that is made to the

seventh and eighth sections.

"But, says the Senator from Indiana, we have laws in Indiana

prohibiting black people from marrying whites, and are you going to

disregard these laws? Are our laws enacted for the purpose of

preventing amalgamation to be disregarded, and is a man to be punished

because he undertakes to enforce them? I beg the Senator from Indiana

to read the bill. One of its objects is to secure the same civil

rights and subject to the same punishments persons of all races and

colors. How does this interfere with the law of Indiana preventing

marriages between whites and blacks? Are not both races treated alike

by the law of Indiana? Does not the law make it just as much a crime

for a white man to marry a black woman as for a black woman to marry a

white man, and _vice versa_? I presume there is no discrimination in

this respect, and therefore your law forbidding marriages between

whites and blacks operates alike on both races. This bill does not

interfere with it. If the negro is denied the right to marry a white

person, the white person is equally denied the right to marry the

negro. I see no discrimination against either in this respect that

does not apply to both. Make the penalty the same on all classes of

people for the same offense, and then no one can complain.

"My object in bringing forward these bills was to bring to the

attention of Congress something that was practical, something upon

which I hoped we all could agree. I have said nothing in these bills

which are pending, and which have been recommended by the Committee on

the Judiciary--and I speak of both of them because they have both been

alluded to in this discussion--about the political rights of the

negro. On that subject it is known that there are differences of

opinion, but I trust there are no differences of opinion among the

friends of the constitutional amendment, among those who are for real

freedom to the black man, as to his being entitled to equality in

civil rights. If that is not going as far as some gentlemen would

desire, I say to them it is a step in the right direction. Let us go

that far, and, going that far, we have the coöperation of the

Executive Department; for the President has told us 'Good faith

requires the security of the freedmen in their liberty and their

property, their right to labor, and their right to claim the just

return of their labor.'

"Such, sir, is the language of the President of the United States in

his annual message; and who in this chamber that is in favor of the

freedom of the slave is not in favor of giving him equal and exact

justice before the law? Sir, we can go along hand in hand together to

the consummation of this great object of securing to every human being

within the jurisdiction of the republic equal rights before the law,

and I preferred to seek for points of agreement between all the

departments of Government, rather than to hunt for points of

divergence. I have not said any thing in my remarks about

reconstruction. I have not attempted to discuss the question whether

these States are in the Union or out of the Union, and so much has

been said upon that subject that I am almost ready to exclaim with one

of old, 'I know not whether they are in the body or out of the body;

God knoweth.' It is enough for me to know that the State organizations

in several States of the Union have been usurped and overthrown, and

that up to the present time no State organization has been inaugurated

in either of them which the various departments of Government, or any

department of the Government, has recognized as placing the States in

full possession of all the constitutional rights pertaining to States

in full communion with the Union.

"The Executive has not recognized any one, for he still continues to

exercise military jurisdiction and to suspend the privilege of the

writ of _habeas corpus_ in all of them. Congress has not recognized

any of them, as we all know; and until Congress and the Executive do

recognize them, let us make use of the Freedmen's Bureau, already

established, to protect the colored race in their rights; and when

these States shall be admitted, and the authority of the Freedmen's

Bureau as a court shall cease and determine, as it must when civil

authority is fully restored, let us provide, then, by other laws, for

protecting all people in their equal civil rights before the law. If

we can pass such measures, they receive executive sanction, and it

shall be understood that it is the policy of the Government that the

rights of the colored men are to be protected by the States if they

will, but by the Federal Government if they will not; that at all

hazards, and under all circumstances, there shall be impartiality

among all classes in civil rights throughout the land. If we can do

this, much of the apprehension and anxiety now existing in the loyal

States will be allayed, and a great obstacle to an early restoration

of the insurgent States to their constitutional relations in the Union

will be removed.

"If the people in the rebellious States can be made to understand that

it is the fixed and determined policy of the Government that the

colored people shall be protected in their civil rights, they

themselves will adopt the necessary measures to protect them; and that

will dispense with the Freedmen's Bureau and all other Federal

legislation for their protection. The design of these bills is not, as

the Senator from Indiana would have us believe, to consolidate all

power in the Federal Government, or to interfere with the domestic

regulations of any of the States, except so far as to carry out a

constitutional provision which is the supreme law of the land. If the

States will not do it, then it is incumbent on Congress to do it. But

if the States will do it, then the Freedmen's Bureau will be removed,

and the authority proposed to be given by the other bill will have no

operation.

"Sir, I trust there may be no occasion long to exercise the authority

conferred by this bill. I hope that the people of the rebellious

States themselves will conform to the existing condition of things. I

do not expect them to change all their opinions and prejudices. I do

not expect them to rejoice that they have been discomfited. But they

acknowledge that the war is over; they agree that they can no longer

contend in arms against the Government; they say they are willing to

submit to its authority; they say in their State conventions that

slavery shall no more exist among them. With the abolition of slavery

should go all the badges of servitude which have been enacted for its

maintenance and support. Let them all be abolished. Let the people of

the rebellious States now be as zealous and as active in the passage

of laws and the inauguration of measures to elevate, develop, and

improve the negro as they have hitherto been to enslave and degrade

him. Let them do justice and deal fairly with loyal Union men in their

midst, and henceforth be themselves loyal, and this Congress will not

have adjourned till the States whose inhabitants have been engaged in

the rebellion will be restored, to their former position in the Union,

and we shall all be moving on in harmony together."

On the day following the discussion above given, Mr. Cowan moved to

amend the first section of the bill so that its operation would be

limited to such States "as have lately been in rebellion." In

supporting his amendment, Mr. Cowan remarked: "I have no idea of

having this system extended over Pennsylvania. I think that as to the

freedmen who make their appearance there, she will be able to take

care of them and provide as well for them as any bureau which can be

created here. I wish to confine the operation of this institution to

the States which have been lately in rebellion."

To this Mr. Trumbull replied: "The Senator from Pennsylvania will see

that the effect of that would be to exclude from the operation of the

bureau the State of Kentucky and the State of Delaware, where the

slaves have been emancipated by the constitutional amendment. The

operation of the bureau will undoubtedly be chiefly confined to the

States where slavery existed; but it is a fact which may not be known

to the Senator from Pennsylvania, that during this war large numbers

of slaves have fled to the Northern States bordering on the

slaveholding territory.

"It is not supposed that the bill will have any effect in the State of

Pennsylvania or in the State of Illinois, unless it might, perhaps, be

at Cairo, where there has been a large number of these refugees

congregated, without any means of support; they followed the army

there at different times.

"The provision of the bill in regard to holding courts, and some other

provisions, are confined entirely to the rebellious States, and will

have no operation in any State which was not in insurrection against

this Government. I make this explanation to the Senator from

Pennsylvania, and I think he will see the necessity of the bureau

going into Kentucky and some of the other States, as much as into any

of the Southern rebellious States."

Mr. Guthrie was opposed to the extension of the bill to his State. He

said: "I should like to know the peculiar reasons why this bill is to

be extended to the State of Kentucky. She has never been in rebellion.

Though she has been overrun by rebel armies, and her fields laid

waste, she has always had her full quota in the Union armies, and the

blood of her sons has marked the fields whereon they have fought.

Kentucky does not want and does not ask this relief. The freedmen in

Kentucky are a part of our population; and where the old, and lame,

and halt, and blind, and infants require care and attention they

obtain it from the counties. Our whole organization for the support of

the poor, through the agencies of the magistrates in the several

counties, is complete."

[Illustration: Hon. Henry Wilson.]

On the other hand, Mr. Creswell, of Maryland, saw a necessity for the

operation of the bill in his State. He said: "I have received, within

the last two or three weeks, letters from gentlemen of the highest

respectability in my State, asserting that combinations of returned

rebel soldiers have been formed for the express purpose of

persecuting, beating most cruelly, and in some cases actually

murdering the returned colored soldiers of the republic. In certain

sections of my State, the civil law affords no remedy at all. It is

impossible there to enforce against these people so violating the law

the penalties which the law has prescribed for these offenses. It is,

therefore, necessary, in my opinion, that this bill shall extend over

the State of Maryland."

Mr. Cowan, in the course of a speech on the bill, said: "Thank God! we

are now rid of slavery; that is now gone." He also said: "Let the

friends of the negro, and I am one, be satisfied to treat him as he is

treated in Pennsylvania; as he is treated in Ohio; as he is treated

every-where where people have maintained their sanity upon the

question."

Mr. Wilson said: "The Senator from Pennsylvania tells us that he is

the friend of the negro. What, sir, he the friend of the negro! Why,

sir, there has hardly been a proposition before the Senate of the

United States for the last five years, looking to the emancipation of

the negro and the protection of his rights, that the Senator from

Pennsylvania has not sturdily opposed. He has hardly ever uttered a

word upon this floor the tendency of which was not to degrade and to

belittle a weak and struggling race. He comes here to-day and thanks

God that they are free, when his vote and his voice for five years,

with hardly an exception, have been against making them free. He

thanks God, sir, that your work and mine, our work which has saved a

country and emancipated a race, is secured; while from the word 'go,'

to this time, he has made himself the champion of 'how not to do it.'

If there be a man on the floor of the American Senate who has tortured

the Constitution of the country to find powers to arrest the voice of

this nation which was endeavoring to make a race free, the Senator

from Pennsylvania is the man; and now he comes here and thanks God

that a work which he has done his best to arrest, and which we have

carried, is accomplished. I tell him to-day that we shall carry these

other measures, whether he thanks God for them or not, whether he

opposes them or not." [Laughter and applause in the galleries.]

After an extended discussion, the Senate refused, by a vote of

thirty-three against eleven, to adopt the amendment proposed by Mr.

Cowan.

The bill was further discussed during three successive days, Messrs.

Saulsbury, Hendricks, Johnson, McDougall, and Davis speaking against

the measure, and Messrs. Fessenden, Creswell, and Trumbull in favor of

it. Mr. Garrett Davis addressed the Senate more than once on the

subject, and on the last day of the discussion made a very long

speech, which was answered by Mr. Trumbull. The Senator from Illinois,

at the conclusion of his speech, remarked:

"What I have now said embraces, I believe, all the points of the long

gentleman's speech except the sound and fury, and that I will not

undertake to reply to."

"You mean the short gentleman's long speech," interposed some Senator.

"Did I say short?" asked Mr. Trumbull. "If so, it was a great mistake

to speak of any thing connected with the Senator from Kentucky as

short." [Laughter.]

"It is long enough to reach you," responded Mr. Davis.

The vote was soon after taken on the passage of the bill, with the

following result:

YEAS--Messrs. Anthony, Brown, Chandler, Clark, Conness,

Cragin, Creswell, Dixon, Doolittle, Fessenden, Foot, Foster,

Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane of

Indiana, Lane of Kansas, Morgan, Morrill, Norton, Nye,

Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner,

Trumbull, Van Winkle, Wade, Williams, Wilson, and Yates--37.

NAYS--Messrs. Buckalew, Davis, Guthrie, Hendricks, Johnson,

McDougall, Riddle, Saulsbury, Stockton, and Wright--10.

ABSENT--Messrs. Cowan, Nesmith, and Willey--3.

The bill having passed, the question came up as to its title, which it

was proposed to leave as reported by the committee: "A bill to enlarge

the powers of the Freedmen's Bureau."

Mr. Davis moved to amend the title by substituting for it, "A bill to

appropriate a portion of the public land in some of the Southern

States and to authorize the United States Government to purchase lands

to supply farms and build houses upon them for the freed negroes; to

promote strife and conflict between the white and black races; and to

invest the Freedmen's Bureau with unconstitutional powers to aid and

assist the blacks, and to introduce military power to prevent the

commissioner and other officers of said bureau from being restrained

or held responsible in civil courts for their illegal acts in

rendering such aid and assistance to the blacks, and for other

purposes."

The President _pro tempore_ pronounced the amendment "not in order,

inconsistent with the character of the bill, derogatory to the Senate,

a reproach to its members."

Mr. McDougall declared the proposed amendment "an insult to the action

of the Senate."

The unfortunate proposition was quietly abandoned by its author, and

passed over without further notice by the Senate. By unanimous

consent, the title of the bill remained as first reported.

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