CHAPTER VIII.

THE SENATE AND THE VETO MESSAGE.

Mr. Trumbull on the amendments of the House -- Mr. Guthrie

exhibits feeling -- Mr. Sherman's deliberate conclusion --

Mr. Henderson's sovereign remedy -- Mr. Trumbull on patent

medicines -- Mr. McDougall a white man -- Mr. Reverdy

Johnson on the power to pass the bill -- Concurrence of the

House -- the Veto Message -- Mr. Lane, of Kansas -- His

efforts for delay -- Mr. Garrett Davis -- Mr. Trumbull's

reply to the President -- The question taken -- Yeas and

Nays -- Failure of passage.

On the 7th of February the amendments of the House to the Freedmen's

Bureau Bill were presented to the Senate, and referred to the

Committee on the Judiciary.

On the following day Mr. Trumbull, chairman of this committee,

reported certain amendments to the amendments made by the House of

Representatives. Mr. Trumbull said: "The House of Representatives have

adopted a substitute for the whole bill, but it is the Senate bill

_verbatim_, with a few exceptions, which I will endeavor to point out.

The title of the bill has been changed, to begin with. It was called

as it passed the Senate 'A bill to enlarge the powers of the

Freedmen's Bureau.' The House has amended the title so as to make it

read, 'A bill to amend an act entitled "An act to establish a Bureau

for the Relief of Freedmen and Refugees," and for other purposes.' Of

course, there is no importance in that.

"The first amendment which the House has made, and the most important

one, will be found to commence in the eighth line of the first

section. The House has inserted words limiting the operation of the

Freedmen's Bureau to those sections of country within which the writ

of _habeas corpus_ was suspended on the 1st day of February, 1866. As

the bill passed the Senate, it will be remembered that it extended to

refugees and freedmen in all parts of the United States, and the

President was authorized to divide the section of country containing

such refugees and freedmen into districts. The House amend that so as

to authorize the President to divide the section of country within

which the privilege of the writ of _habeas corpus_ was suspended on

the 1st day of February, 1866, containing such refugees and freedmen,

into districts. The writ of _habeas corpus_ on the 1st day of February

last was suspended in the late rebellious States, including Kentucky,

and in none other. The writ of _habeas corpus_ was restored by the

President's proclamation in Maryland, in Delaware, and in Missouri,

all of which have been slaveholding States.

"As the bill passed the Senate, it will be observed it only extended

to refugees and freedmen in the United States, wherever they might be,

and the President was authorized to divide the region of country

containing such refugees and freedmen, and it had no operation except

in States where there were refugees and freedmen. The House has

limited it so that it will not have operation in Maryland, or

Delaware, or Missouri, or any of the Northern States."

After Mr. Trumbull had stated the other and less important amendments

made by the House, the Senate proceeded to consider the amendments

proposed by the Judiciary Committee, the first of which was to strike

out the words "within which the privileges of the writ of _habeas

corpus_ was suspended on the 1st day of February, 1866."

Mr. Trumbull said: "I wish to say upon that point that the bill as it

passed the Senate can have no operation except in regions of country

where there are refugees and freedmen. It is confined to those

districts of country, and it could not have operation in most of the

loyal States. But it is desirable, as I am informed, and it was so

stated by one of the Senators from Maryland, that the operations of

this bill should be extended to Maryland. It may be necessary that it

should be extended to Missouri, and possibly to Delaware. I trust not;

but the authority to extend it there ought to exist, if there should

be occasion for it. The only objection I have to limiting the

operation of the bill to the late slaveholding States is, that I think

it bad legislation, when we are endeavoring to break down

discrimination and distinction, to pass a law which is to operate in

one State of the Union and not in another. I would rather that the law

should be general, although I am fully aware that there is nothing for

the law to operate upon in most of the States of the Union. I do not

feel quite willing to vote upon Kentucky, for instance, a law that I

am not willing to have applicable to the State of Illinois, if such a

state of facts exists as that the law can operate in Illinois. I

prefer, therefore, to have the bill in the shape in which it passed

the Senate, and such was the opinion of the Committee on the

Judiciary."

Mr. Guthrie, of Kentucky, spoke with much feeling upon the bearings of

the bureau upon his State: "You will have to acknowledge these States

or you will have to do worse. The passage of this system of bills is a

dissolution of the Union, and you can not help it. It will be

impossible for you to carry on this Government under any such system.

When the Union is not to be restored, when there is nothing of that

feeling to make the people endure, do you suppose they will endure

forever? Do you suppose this bill will attach the people in these

eleven States more thoroughly to the Union than they felt when they

reörganized their State governments, passed laws manumitting their

slaves, electing their Legislatures, and doing all that was indicated

as necessary to be done? Do you suppose that there will ever come a

time, under this bill, that they will desire to become members of this

Union once more? I see in this bill exactly how Kentucky is tolerated

here; for as to having part in this legislation, when she is charged

openly with being ruled at home by rebels, our counsels can be of no

good here; but still we are not to be driven from the Union, and from

raising our voice in favor of it, and raising it in favor of

conciliation and confidence from one section to the other. Gentlemen

do not get these doctrines of hatred and vengeance from the Gospel.

These are not the doctrines taught by the Savior of the world. While

you cry for justice to the African, you are not slow to commit wrong

and outrage on the white race.

"Sir, there were rebels in all the States, and will be again if you

drive these people to desperation. The Senator from Massachusetts, if

I understood his language aright, threatened us with war or worse if

we did not yield to his suggestions, and the Senator from Indiana

intimated very strongly the same thing. You have strength enough to

carry these measures, if it is the sentiment of the nation; but we are

not a people to be alarmed by words or threats."

Mr. Sherman had been, as he said, "during this whole debate, rather a

spectator than a participant." Not desiring to commit himself too

hastily, he had reserved his opinion that he might act and vote

understandingly, without feeling, or prejudice, or passion. It was

after full reflection that he voted for the bill so harshly

characterized by the Senator from Kentucky, who had evinced a degree

of feeling entirely uncalled for. Mr. Sherman said further: "I look

upon the Freedman's Bureau Bill as simply a temporary protection to

the freedmen in the Southern States. We are bound by every

consideration of honor, by every obligation that can rest on any

people, to protect the freedmen from the rebels of the Southern

States; ay, sir, and to protect them from the loyal men of the

Southern States. We know that, on account of the prejudices instilled

by the system of slavery pervading all parts of the Southern States,

the Southern people will not do justice to the freedmen of those

States. We know that in the course of the war the freedmen have been

emancipated; that they have aided us in this conflict; and, therefore,

we are bound, by every consideration of honor, faith, and of public

morals, to protect and maintain all the essential incidents of freedom

to them. I have no doubt that in doing this we shall encounter the

prejudices not only of rebels, but of loyal men; but still the

obligation and guarantee is none the less binding on us. We must

maintain their freedom, and with it all the incidents and all the

rights of freedom."

Mr. Henderson, of Missouri, like the Senator from Ohio, had hitherto

taken no part in the discussion. He was opposed to the limitations

placed upon the bill by the House of Representatives. "I would not

have voted for it if it had not been carried to my own State; and if

this amendment of the House of Representatives is to be adopted, I

will not vote for the bill. I want the bill to be made general. If it

is to be made special, if it is to be applied to Kentucky only, I

appreciate the feeling that drove my friend from Kentucky to make the

most unfortunate remark that has been made upon the floor of the

Senate since 1861. I sincerely hope, for the good of the country, that

the distinguished Senator may see fit to take back what he said a few

moments ago.

"Sir, we have had enough of disunion. I hope that no Senator in the

future will rise upon this floor and talk, under any circumstances

whatever, of another war of rebellion against the constituted

authorities of this country. My God! are we again to pass through the

scenes of blood through which we have passed for the last four years?

Are we to have this war repeated? No Freedmen's Bureau Bill, no bill

for the protection of the rights of any body, shall ever drive me to

dream of such a thing."

Mr. Henderson thought a better protection for the negro than the

Freedmen's Bureau would be the ballot. He said: "I live in a State

that was a slaveholding State until last January a year ago. I have

been a slaveholder all my life until the day when the ordinance of

emancipation was passed in my State. I advocated it, and have

advocated emancipation for the last four years, at least since this

war commenced. Do you want to know how to protect the freedmen of the

Southern States? This bill is useless for that purpose. It is not the

intention of the honorable Senators on this floor from Northern

States, who favor this bill, to send military men to plunder the good

people of Kentucky. It is an attempt to enforce this moral and

religious sentiment of the people of the Northern States. Sir, these

freedmen will be protected. The decree of Almighty God has gone forth,

as it went forth in favor of their freedom originally, that they shall

be endowed with all the rights that belong to other men. Will you

protect them? Give them the ballot, Mr. President, and then they are

protected."

In reference to the remarks by Mr. Henderson, Mr. Trumbull said: "The

zeal of my friend from Missouri seems to have run away with him.

Having come from being a slaveholder to the position of advocating

universal negro suffrage as the sovereign remedy for every thing, he

manifests a degree of zeal which I have only seen equaled, I confess,

by some of the discoverers of patent medicines who have found a grand

specific to cure all diseases! Why, he says this bureau is of no

account; give the negro the ballot, and that will stop him from

starving; that will feed him; that will educate him! You have got on

your hands to-day one hundred thousand feeble indigent, infirm colored

population that would starve and die if relief were not afforded; and

the Senator from Missouri tells you, 'This is all nonsense; give them

the right of suffrage, and that is all they want.' This to feed the

hungry and clothe the naked! He has voted for these bills; but if you

will only just give the right of suffrage, you do not want to take

care of any starving man, any orphan child, any destitute and feeble

person that can not take care of himself! It is the most sovereign

remedy that I have heard of since the days of Townsend's

Sarsaparilla."

Referring to the feeling manifested by Mr. Guthrie, Mr. Trumbull said:

" God forbid that I should put a degradation on the people of

Kentucky. I never thought of such a thing. I would sooner cut off my

right hand than do such a thing. What is it that so excites and

inflames the mind of the Senator from Kentucky that he talks about the

degradation that is to be put upon her, the plunder of her people, the

injustice that is to be done her inhabitants? Why, sir, a bill to help

the people of Kentucky to take care of the destitute negroes, made

free without any property whatever, without the means of support, left

to starve and to die unless somebody cares for them; and we propose in

the Congress of the United States to help to do it. Is that a

degradation? Is that an injustice? Is that the way to rob a people?"

Mr. McDougall having subsequently obtained the floor, made the remark:

"I, being a white man, say for the white men and white women that they

will take care of themselves. This bill was not made for white women

or white men, or white men and women's children."

This brought out the following statistical statement from Mr.

Trumbull: "I have before me the official report, which shows the

consolidated number of rations issued in the different districts and

States during the month of June, July, August, September, and October,

1865. In June there were issued to refugees three hundred and thirteen

thousand six hundred and twenty-seven rations, and thirty six thousand

one hundred and eighty-one to freedmen. In August, in Kentucky and

Tennessee, there were issued to refugees eighty-seven thousand one

hundred and eighty rations, and to freedmen eighty-seven thousand one

hundred and ninety-five--almost an equality."

Mr. Johnson, of Maryland remarked: "The object of the bill is a very

correct one; these people should be taken care of; and as it is

equally applicable to the whites and to the blacks, and the whites in

many of the States requiring as much protection as the blacks, I would

very willingly vote for the bill if I thought we had the power to pass

it; but on the question of power I have no disposition now or perhaps

at any time in the present stage of the bill to trouble the Senate."

The bill soon after passed the Senate as amended in the House, and

reämended in the Senate, by a vote of twenty-nine to seven.

On the following day, the amendments of the Senate were concurred in

by the House without debate, and the Freedmen's Bureau Bill was ready

to be submitted to the Executive.

Ten day's after the final passage of the bill, the President sent to

the Senate a message, "with his objection thereto in writing."

The Senate immediately suspended other business to hear the VETO

MESSAGE, which was read by the Secretary, as follows:

"_To the Senate of the United States:_

"I have examined with care the bill which originated in the

Senate, and has been passed by the two houses of Congress,

to amend an act entitled 'An act to establish a Bureau for

the relief of Freedmen and Refugees,' and for other

purposes. Having, with much regret, come to the conclusion

that it would not be consistent with the public welfare to

give my approval to the measure, I return the bill to the

Senate with my objections to its becoming a law.

"I might call to mind, in advance of these objections, that

there is no immediate necessity for the proposed measure.

The act to establish a Bureau for the relief of Freedmen and

Refugees, which was approved in the month of March last, has

not yet expired. It was thought stringent and extensive

enough for the purpose in view in time of war. Before it

ceases to have effect, further experience may assist to

guide us to a wise conclusion as to the policy to be adopted

in time of peace.

"I share with Congress the strongest desire to secure to the

freedmen the full enjoyment of their freedom and property,

and their entire independence and equality in making

contracts for their labor; but the bill before me contains

provisions which, in my opinion, are not warranted by the

Constitution, and are not well suited to accomplish the end

in view.

"The bill proposes to establish by authority of Congress,

military jurisdiction over all parts of the United States

containing refugees and freedmen. It would, by its very

nature, apply with most force to those parts of the United

States in which the freedmen most abound; and it expressly

extends the existing temporary jurisdiction of the

Freedmen's Bureau, with greatly enlarged powers, over those

States 'in which the ordinary course of judicial proceeding,

has been interrupted by the rebellion.' The source from

which this military jurisdiction is to emanate is none other

than the President of the United States, acting through the

War Department and the commissioner of the Freedmen's

Bureau. The agents to carry out this military jurisdiction

are to be selected either from the army or from civil life;

the country is to be divided into districts and

sub-districts; and the number of salaried agents to be

employed may be equal to the number of counties or parishes

in all the United States where freedmen and refugees are to

be found.

"The subjects over which this military jurisdiction is to

extend in every part of the United States include protection

to 'all employés, agents, and officers of this bureau in the

exercise of the duties imposed' upon them by the bill. In

eleven States it is further to extend over all cases

affecting freedmen and refugees discriminated against' by

local law, custom, or prejudice.' In those eleven States the

bill subjects any white person who may be charged with

depriving a freedman of 'any civil rights or immunities

belonging to white persons' to imprisonment or fine, or

both, without, however, defining the 'civil rights and

immunities' which are thus to be secured to the freedmen by

military law. This military jurisdiction also extends to all

questions that may arise respecting contracts. The agent who

is thus to exercise the office of a military judge may be a

stranger, entirely ignorant of the laws of the place, and

exposed to the errors of judgment to which all men are

liable. The exercise of power, over which there is no legal

supervision, by so vast a number of agents as is

contemplated by the bill, must, by the very nature of man,

be attended by acts of caprice, injustice, and passion.

"The trials, having their origin under this bill, are to

take place without the intervention of a jury, and without

any fixed rules of law or evidence. The rules on which

offenses are to be 'heard and determined' by the numerous

agents, are such rules and regulations as the President,

through the War Department, shall prescribe. No previous

presentment is required, nor any indictment charging the

commission of a crime against the laws; but the trial must

proceed on charges and specifications. The punishment will

be, not what the law declares, but such as a court-martial

may think proper; and from these arbitrary tribunals there

lies no appeal, no writ of error to any of the courts in

which the Constitution of the United States vests

exclusively the judicial power of the country.

"While the territory and the classes of actions and offenses

that are made subject to this measure are so extensive, the

bill itself, should it become a law, will have no limitation

in point of time, but will form a part of the permanent

legislation of the country. I can not reconcile a system of

military jurisdiction of this kind with the words of the

Constitution, which declare that 'no person shall be held to

answer for a capital or otherwise infamous crime unless upon

a presentment or indictment of a grand jury, except in cases

arising in the land and naval forces, or in the militia when

in actual service in time of war or public danger;' and that

'in all criminal prosecutions the accused shall enjoy the

right to a speedy and public trial, by an impartial jury of

the State or district wherein the crime shall have been

committed.' The safeguards which the experience and wisdom

of ages taught our fathers to establish as securities for

the protection of the innocent, the punishment of the

guilty, and the equal administration of justice, are to be

set aside, and for the sake of a more vigorous interposition

in behalf of justice, we are to take the risk of the many

acts of injustice that would necessarily follow from an

almost countless number of agents established in every

parish or county in nearly a third of the States of the

Union, over whose decisions there is to be no supervision or

control by the Federal courts. The power that would be thus

placed in the hands of the President is such as in time of

peace certainly ought never to be intrusted to any one man.

"If it be asked whether the creation of such a tribunal

within a State is warranted as a measure of war, the

question immediately presents itself whether we are still

engaged in war. Let us not unnecessarily disturb the

commerce and credit and industry of the country by declaring

to the American people and to the world, that the United

States are still in a condition of civil war. At present

there is no part of our country in which the authority of

the United States is disputed. Offenses that may be

committed by individuals should not work a forfeiture of the

rights of whole communities. The country has returned, or is

returning, to a state of peace and industry, and the

rebellion is in fact at an end. The measure, therefore,

seems to be as inconsistent with the actual condition of the

country as it is at variance with the Constitution of the

United States.

"If, passing from general considerations, we examine the

bill in detail, it is open to weighty objections.

"In time of war it was eminently proper, that we should

provide for those who were passing suddenly from a condition

of bondage to a state of freedom. But this bill proposes to

make the Freedmen's Bureau, established by the act of 1865

as one of many great and extraordinary military measures to

suppress a formidable rebellion, a permanent branch of the

public administration, with its powers greatly enlarged. I

have no reason to suppose, and I do not understand it to be

alleged, that the act of March, 1865, has proved deficient

for the purpose for which it was passed, although at that

time, and for a considerable period thereafter, the

Government of the United States remained unacknowledged in

most of the States whose inhabitants had been involved in

the rebellion. The institution of slavery, for the military

destruction of which the Freedmen's Bureau was called into

existence as an auxiliary, has been already effectually and

finally abrogated throughout the whole country by an

amendment of the Constitution of the United States, and

practically its eradication has received the assent and

concurrence of most of those States in which it at any time

had an existence. I am not, therefore, able to discern, in

the condition of the country, any thing to justify an

apprehension that the powers and agencies of the Freedmen's

Bureau, which were effective for the protection of freedmen

and refugees during the actual continuance of hostilities

and of African servitude, will now, in a time of peace and

after the abolition of slavery, prove inadequate to the same

proper ends. If I am correct in these views, there can be no

necessity for the enlargement of the powers of the bureau,

for which provision is made in the bill.

"The third section of the bill authorizes a general and

unlimited grant of support to the destitute and suffering

refugees and freedmen, their wives and children. Succeeding

sections make provision for the rent or purchase of landed

estates for freedmen, and for the erection for their benefit

of suitable buildings for asylums and schools, the expenses

to be defrayed from the Treasury of the whole people. The

Congress of the United States has never heretofore thought

itself empowered to establish asylums beyond the limits of

the District of Columbia, except for the benefit of our

disabled soldiers and sailors. It has never founded schools

for any class of our own people, not even for the orphans of

those who have fallen in the defense of the Union; but has

left the care of education to the much more competent and

efficient control of the States, of communities, of private

associations, and of individuals. It has never deemed itself

authorized to expend the public money for the rent or

purchase of homes for the thousands, not to say millions, of

the white race, who are honestly toiling from day to day for

their subsistence. A system for the support of indigent

persons in the United States was never contemplated by the

authors of the Constitution, nor can any good reason be

advanced why, as a permanent establishment, it should be

founded for one class or color of our people more than

another. Pending the war, many refugees and freedmen

received support from the Government, but it was never

intended that they should thenceforth be fed, clothed,

educated, and sheltered by the United States. The idea on

which the slaves were assisted to freedom was that, on

becoming free, they would be a self-sustaining population.

Any legislation that shall imply that they are not expected

to attain a self-sustaining condition must have a tendency

injurious alike to their character and their prospects.

"The appointment of an agent for every county and parish

will create an immense patronage; and the expense of the

numerous officers and their clerks, to be appointed by the

President, will be great in the beginning, with a tendency

steadily to increase. The appropriations asked by the

Freedmen's Bureau, as now established, for the year 1866,

amount to $11,745,000. It may be safely estimated that the

cost to be incurred under the pending bill will require

double that amount--more than the entire sum expended in any

one year under the administration of the second Adams. If

the presence of agents in every parish and county is to be

considered as a war measure, opposition, or even resistance,

might be provoked, so that, to give effect to their

jurisdiction, troops would have to be stationed within reach

of every one of them, and thus a large standing force be

rendered necessary. Large appropriations would therefore be

re-required to sustain and enforce military jurisdiction in

every county or parish from the Potomac to the Rio Grande.

The condition of our fiscal affairs is encouraging, but, in

order to sustain the present measure of public confidence,

it is necessary that we practice not merely customary

economy, but, as far as possible, severe retrenchment.

"In addition to the objections already stated, the fifth

section of the bill proposes to take away land from its

former owners without any legal proceedings being first had,

contrary to that provision of the Constitution which

declares that no person shall 'be deprived of life, liberty,

or property, without due process of law.' It does not appear

that a part of the lands to which this section refers may

not be owned by minors or persons of unsound mind, or by

those who have been faithful to all their obligations as

citizens of the United States. If any portion of the land is

held by such persons, it is not competent for any authority

to deprive them of it. If, on the other hand, it be found

that the property is liable to confiscation, even then it

can not be appropriated to public purposes until, by due

process of law, it shall have been declared forfeited to the

Government.

"There is still further objection to the bill on grounds

seriously affecting the class of persons to whom it is

designed to bring relief; it will tend to keep the mind of

the freedman in a state of uncertain expectation and

restlessness, while to those among whom he lives it will be

a source of constant and vague apprehension.

"Undoubtedly the freedman should be protected, but he should

be protected by the civil authorities, especially by the

exercise of all the constitutional powers of the courts of

the United States and of the States. His condition is not so

exposed as may at first be imagined. He is in a portion of

the country where his labor can not well be spared.

Competition for his services from planters, from those who

are constructing or repairing railroads, and from

capitalists in his vicinage or from other States, will

enable him to command almost his own terms. He also

possesses a perfect right to change his place of abode; and

if, therefore, he does not find in one community or State a

mode of life suited to his desires, or proper remuneration

for his labor, he can move to another, where that labor is

more esteemed and better rewarded. In truth, however, each

State, induced by its own wants and interests, will do what

is necessary and proper to retain within its borders all the

labor that is needed for the development of its resources.

The laws that regulate supply and demand will maintain their

force, and the wages of the laborer will be regulated

thereby. There is no danger that the exceedingly great

demand for labor will not operate in favor of the laborer.

"Neither is sufficient consideration given to the ability of

the freedmen to protect and take care of themselves. It is

no more than justice to them to believe that, as they have

received their freedom with moderation and forbearance, so

they will distinguish themselves by their industry and

thrifty and soon show the world that, in a condition of

freedom, they are self-sustaining, capable of selecting

their own employment and their own places of abode, of

insisting for themselves on a proper remuneration, and of

establishing and maintaining their own asylums and schools.

It is earnestly hoped that, instead of wasting away, they

will, by their own efforts, establish for themselves a

condition of respect, ability, and prosperity. It is certain

that they can attain to that condition only through their

own merits and exertions.

"In this connection the query presents itself, whether the

system proposed by the bill will not, when put into complete

operation, practically transfer the entire care, support,

and control of four million emancipated slaves to agents,

overseers, or taskmasters, who, appointed at Washington, are

to be located in every county and parish throughout the

United States containing freedmen and refugees? Such a

system would inevitably tend to a concentration of power in

the Executive which would enable him, if so disposed, to

control the action of this numerous class and use them for

the attainment of his own political ends.

"I can not but add another very grave objection to this

bill: The Constitution imperatively declares, in connection

with taxation, that each State shall have at least one

Representative, and fixes the rule for the number to which,

in future times, each State shall be entitled. It also

provides that the Senate of the United States shall be

composed of two Senators from each State, and adds, with

peculiar force, 'that no State, without its consent, shall

be deprived of its equal suffrage in the Senate.'. The

original act was necessarily passed in the absence of the

States chiefly to be affected, because their people were

then contumaciously engaged in the rebellion. Now the case

is changed, and some, at least, of those States are

attending Congress by loyal Representatives, soliciting the

allowance of the constitutional right of representation. At

the time, however, of the consideration and the passing of

this bill, there was no Senator or Representative in

Congress from the eleven States which are to be mainly

affected by its provisions. The very fact that reports were

and are made against the good disposition of the people of

that portion of the country is an additional reason why they

need, and should have, Representatives of their own in

Congress to explain their condition, reply to accusations,

and assist, by their local knowledge, in the perfecting of

measures immediately affecting themselves. While the liberty

of deliberation would then be free, and Congress would have

full power to decide according to its judgment, there could

be no objection urged that the States most interested had

not been permitted to be heard. The principle is firmly

fixed in the minds of the American people that there should

be no taxation without representation.

"Great burdens have now to be borne by all the country, and

we may best demand that they shall be borne without murmur

when they are voted by a majority of the Representatives of

all the people. I would not interfere with the

unquestionable right of Congress to judge, each house for

itself, 'of the elections, returns, and qualifications of

its own members,' but that authority can not be construed as

including the right to shut out, in time of peace, any State

from the representation to which it is entitled by the

Constitution. At present, all the people of eleven States

are excluded--those who were most faithful during the war

not less than others. The State of Tennessee, for instance,

whose authorities engaged in rebellion, was restored to all

her constitutional relations to the Union by the patriotism

and energy of her injured and betrayed people. Before the

war was brought to a termination, they had placed themselves

in relation with the General Government, had established a

State government of their own; as they were not included in

the Emancipation Proclamation, they, by their own act, had

amended their Constitution so as to abolish slavery within

the limits of their State. I know no reason why the State of

Tennessee, for example, should not fully enjoy 'all her

constitutional relations to the United States.'

"The President of the United States stands toward the

country in a somewhat different attitude from that of any

member of Congress. Each member of Congress is chosen from a

single district or State; the President is chosen by the

people of all the States. As eleven are not at this time

represented in either branch of Congress, it would seem to

be his duty, on all proper occasions, to present their just

claims to Congress. There always will be differences of

opinion in the community, and individuals may be guilty of

transgressions of the law; but these do not constitute valid

objections against the right of a State to representation. I

would in nowise interfere with the discretion of Congress

with regard to the qualifications of members; but I hold it

my duty to recommend to you, in the interests of peace and,

in the interests of union, the admission of every State to

its share in public legislation when, however insubordinate,

insurgent, or rebellious its people may have been, it

presents itself, not only in an attitude of loyalty and

harmony, but in the persons of Representatives whose loyalty

can not be questioned under any existing constitutional or

legal test.

"It is plain that an indefinite or permanent exclusion of

any part of the country from representation must be attended

by a spirit of disquiet and complaint. It is unwise and

dangerous to pursue a course of measures which will unite a

very large section of the country against another section of

the country, however much the latter may preponderate. The

course of emigration, the development of industry and

business, and natural causes will raise up at the South men

as devoted to the Union as those of any other part of the

land. But if they are all excluded from Congress--if, in a

permanent statute, they are declared not to be in full

constitutional relations to the country--they may think they

have cause to become a unit in feeling and sentiment against

the Government. Under the political education of the

American people, the idea is inherent and ineradicable that

the consent of the majority of the whole people is necessary

to secure a willing acquiescence in legislation.

"The bill under consideration refers to certain of the

States as though they had hot 'been fully restored in all

their constitutional relations to the United States.' If

they have not, let us at once act together to secure that

desirable end at the earliest possible moment It is hardly

necessary for me to inform Congress that, in my own

judgment, most of these States, so far, at least, as depends

upon their own action, have already been fully restored,

and»are to be deemed as entitled to enjoy their

constitutional rights as members of the Union. Reasoning

from the Constitution itself, and from the actual situation

of the country, I feel not only entitled but bound to assume

that, with the Federal courts restored, and those of the

several States in the full exercise of their functions, the

rights and interests of all classes of the people will, with

the aid of the military in cases of resistance to the laws,

be essentially protected against unconstitutional

infringement or violation. Should this expectation unhappily

fail--which I do not anticipate--then the Executive is

already fully armed with the powers conferred by the act of

March, 1865, establishing the Freedmen's Bureau, and

hereafter, as heretofore, he can employ the land and naval

forces of the country to suppress insurrection or to

overcome obstructions to the laws.

"In accordance with the Constitution, I return the bill to

the Senate, in the earnest hope that a measure involving

questions and interests so important to the country will not

become a law unless, upon deliberate consideration by the

people, it shall receive the sanction of an enlightened

public judgment.

"ANDREW JOHNSON."

[Illustration: Hon. S. C. Pomeroy.]

The majority of the Senate was in favor of proceeding immediately to

the consideration of the message, and to have a vote as to whether the

bill should be passed, "the objections of the President to the

contrary notwithstanding." To this Mr. Lane, of Kansas, was opposed.

He said: "There are several Senators absent, and I think it but just

to them that they should have an opportunity to be present when the

vote is taken on this bill. I can not consent, so long as I can

postpone this question by the rules of the Senate, to have a vote upon

it to-night." Mr. Lane accordingly made four successive motions to

adjourn, in each of which he called for the yeas and nays. Finally,

the motion for adjournment having been made for the fifth time, it was

carried, with the understanding that the bill should be the pending

question at one o'clock on the following day.

On that day, February 20th, the bill and the message came duly before

the Senate. Mr. Davis obtained the floor, and made a long speech in

opposition to the bill and in favor of the Veto Message. He expressed

his aversion to the bill, and the objects sought to be attained under

it in very emphatic terms, but added nothing to the arguments which

had already been adduced.

Mr. Trumbull replied to the objections urged against the bill in the

President's Message. The President said, "The bill, should it become a

law will have no limitation in point of time, but will form a part of

the permanent legislation of the country."

"The object of the bill," replied Mr. Trumbull, "was to continue in

existence the Freedmen's Bureau--not as a permanent institution. Any

such intent was disavowed during the discussion of the bill. It is

true, no time is expressly limited in the bill itself when it shall

cease to operate, nor is it customary to insert such a clause in a

law; but it is declared that the bill shall operate until otherwise

provided by law. It is known that the Congress of the United States

assembles every year, and no one supposed that this bill was to

establish a bureau to be ingrafted upon the country as a permanent

institution; far from it. Nor is it a bill that is intended to go into

the States and take control of the domestic affairs of the States."

"There is no immediate necessity for the proposed measure," said the

President; "the act to establish a Bureau for the Relief of Freedmen

and Refugees, which was approved in the month of March last, has not

yet expired. It was thought stringent and extensive enough for the

purpose in view in time of war."

Mr. Trumbull replied: "By the terms of the act, it was to continue

'during the present war of rebellion and for one year thereafter.'

Now, when did the war of rebellion cease? So far as the conflict of

arms is concerned, we all admit that the war of rebellion ceased when

the last rebel army laid down its arms, and that was some time in the

month of May, when the rebel army in Texas surrendered to the Union

forces. I do not hold that the consequences of the war are over. I do

not understand that peace is restored with all its consequences. We

have not yet escaped from the evils inflicted by the war. Peace and

harmony are not yet restored, but the war of rebellion is over, and

this bureau must expire in May next, according to the terms of the act

that was passed on the 3d of March, 1865, and according to the views

of the President as expressed in his Veto Message."

"The bill," said the President, "proposes to establish by authority of

Congress, military jurisdiction over all parts of the United States

containing refugees and freedmen."

"I would like to know," said Mr. Trumbull, "where in that bill is any

provision extending military jurisdiction over all parts of the United

States containing refugees and freedmen? The bill contains no such

clause. It is a misapprehension of the bill. The clause of the bill

upon that subject is this:

"'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 in the exercise of the duties

imposed or authorized by this act or the act to which this

is additional.'

"Is not the difference manifest to every body between a bill that

extends military jurisdiction over the officers and employés of the

bureau and a bill which should extend military jurisdiction over all

parts of the United States containing refugees and freedmen? This bill

makes the Freedmen's Bureau a part of the War Department. It makes its

officers and agents amenable to the Rules and Articles of War. But

does that extend jurisdiction over the whole country where they are?

How do they differ from any other portion of the army of the United

States? The army of the United States, as every one knows, is governed

by the Rules and Articles of War, wherever it may be, whether in

Indiana or in Florida, and all persons in the army and a part of the

military establishment are subject to these Rules and Articles of War;

but did any body ever suppose that the whole country where they were

was under military jurisdiction? If a company of soldiers are

stationed at one of the forts in New York harbor, the officers and

soldiers of that company are subject to military jurisdiction; but was

it ever supposed that the people of the State of New York were thereby

placed under military jurisdiction? It is an entire misapprehension of

the provisions of the bill. It extends military jurisdiction nowhere;

it merely places under jurisdiction the persons belonging to the

Freedmen's Bureau who, nearly all of them, are now under military

jurisdiction."

"The country," objected the President, "is to be divided into

districts and sub-districts, and the number of salaried agents to be

employed may be equal to the number of counties or parishes in all the

States where freedmen and refugees are to be found."

Mr. Trumbull replied: "A single officer need not be employed other

than those we now have. I have already stated that it is in the power

and discretion of the President to detail from the army officers to

perform all the duties of the Freedmen's Bureau, and, in case they are

detailed, the bill provides that they shall serve without any

additional compensation or allowance. But, sir, is it necessary, or

was it ever contemplated, that there should be an officer or agent of

the Freedmen's Bureau in every county and every parish where refugees

and freedmen are to be found? By no means. What is the bill upon that

subject? Does it make it imperative upon the President to appoint an

agent in each county and parish? It authorizes him 'when the same

shall be necessary for the operations of the bureau;' not otherwise.

He has no authority, under the bill, to appoint a single agent unless

it is necessary for the operations of the bureau, and then he can only

appoint so many as may be needed. Sir, it never entered the mind, I

venture to say, of a single advocate of this bill, that the President

of the United States would so abuse the authority intrusted to him as

to station an agent in every county in these States; but it was

apprehended that there might be localities in some of these States

where the prejudice and hostility of the white population and the

former masters were such toward the negroes that it would be necessary

to have an agent in every county in that locality for their

protection; and, in order to give the President the necessary

discretion where this should be requisite, the bill authorized, when

it was necessary for the operations of the bureau, the appointment of

an agent in each county or parish. In order to vest the President with

sufficient power in some localities, it was necessary, legislating by

general law, to give him much larger power than would be necessary in

other localities.

"Sir, the country is not to be divided, I undertake to say, into

districts and sub-districts unless the President of the United States

finds it necessary to do so for the protection of these people; and if

the law should be abused in that respect, it would be because he

abused the discretion vested in him by Congress, and not because the

law required it. It makes no such requirement."

"This military jurisdiction," said the President, "also extends to all

questions that may arise respecting contracts."

"So far," replied Mr. Trumbull, "from extending this military

jurisdiction over all questions arising concerning contracts, and so

far from extending military jurisdiction anywhere, it is expressly

provided, by the very terms of the bill, that no such jurisdiction

shall be exercised except where the President himself has established,

and is maintaining military jurisdiction, which he is now doing in

eleven States; and the very moment that he ceases to maintain military

jurisdiction, that very moment the military jurisdiction conferred

over freedmen by this act ceases and terminates.

"Sir, the whole jurisdiction to try and dispose of cases by the

officers and agents of the Freedmen's Bureau is expressly limited to

the time when these States shall be restored to their constitutional

relations, and when the courts of the United States and of the States

are not interrupted nor interfered with in the peaceable course of

justice. So far, then, from the bill establishing a military

jurisdiction, upon which the Senator from Kentucky and other Senators

have so much harped, it confers no jurisdiction to try cases one

moment after the courts are restored, and are no longer interrupted in

the peaceable administration of justice. Let me ask by what authority

is it that military tribunals are sitting to-day at Alexandria,

Virginia? By what authority is it that the writ of _habeas corpus_ is

suspended to-day in eleven States, when the Constitution of the United

States says that the writ shall not be suspended except when, in cases

of rebellion and invasion, the public safety may require it. By what

authority does the President of the United States object to the

exercise of military jurisdiction by that part of the army charged

with the execution of the provisions of the Freedmen's Bureau when he

exercises that military jurisdiction himself by other portions of the

army? But a few days since a military commission was sitting in

Alexandria, trying persons charged with crimes--and they are held all

over the South--and yet that part of the army connected with the

Freedmen's Bureau can not exercise any such authority because it is

unconstitutional--unconstitutional to do by virtue of a law of

Congress what is done without any law!

"Where does the Executive get the power? The Executive is but the

Commander-in-chief of the armies, made so by the Constitution; but he

can not raise an army or a single soldier, he can not appoint a single

officer, without the consent of Congress. He can not make any rules

and regulations for the government of the army without our permission.

The Constitution of the United States declares, in so many words, that

Congress shall have power 'to make rules for the government and

regulation of the land and naval forces' of the United States. Can it

be that that department of the Government, vested in express terms by

the Constitution itself with authority to make rules for the

government and regulation of the land and naval forces, has no

authority to direct that portion of the land and naval forces employed

in the Freedmen's Bureau to exercise this jurisdiction instead of

department commanders? Sir, it is competent for Congress to declare

that no department commanders shall exercise any such authority; it is

competent for Congress to declare that a court-martial shall never

sit, that a military commission shall never be held, and the President

is as much bound to obey it as the humblest citizen in the land."

The President said: "The trials having their origin under this bill

are to take place without the intervention of a jury, and without any

fixed rules of law or evidence."

"Do not all military trials take place in that way," asked Mr.

Trumbull. "Did any body ever hear of the presentment of a grand jury

in a case where a court-martial set for the trial of a military

offense, or the trial of a person charged with any offense cognizable

before it? This Freedmen's Bureau Bill confers no authority to do this

except in those regions of country where military authority prevails,

where martial law is established, where persons exercising civil

authority act in subordination to the military power, and where the

moment they transcend the proper limits as fixed by military orders,

they are liable to be arrested and punished without the intervention

of a grand jury, or without the right of appeal to any of the judicial

tribunals of the country. I would as soon think of an appeal from the

decision of the military tribunal that sat in the city of Washington,

and condemned to death the murderers of our late President, to the

judicial tribunals of the country! Where military authority bears

sway, where the courts are overborne, is it not an absurdity to say

that you must have a presentment of a grand jury, and a trial in a

court."

"I can not reconcile a system of military jurisdiction of this kind

with the words of the Constitution," said the President.

"If you can not reconcile a system of military jurisdiction of this

kind with the words of the Constitution, why have you been exercising

it," asked Mr. Trumbull. "Why have you been organizing courts-martial

and military commissions all over the South, trying offenders, and

punishing some of them with death? Why have you authorized the present

Freedmen's Bureau to hold bureau courts all through the South? This

has all been done by your permission, and is being done to-day. Then,

sir, if you are still in the exercise of this power now, if you have

been exercising it from the day you became President of the United

States, how is it that you can not reconcile a system of jurisdiction

of this kind with the words of the Constitution?

"Sir, does it detract from the President's authority to have the

sanction of law? I want to give that sanction. I do not object to the

exercise of this military authority of the President in the rebellious

States. I believe it is constitutional and legitimate and necessary;

but I believe Congress has authority to regulate it. I believe

Congress has authority to direct that this military jurisdiction shall

be exercised by that branch of the army known as the Freedmen's

Bureau, as well as by any other branch of the army."

"The rebellion is at an end," said the President. "The measure,

therefore, seems to be as inconsistent with the actual condition of

the country as it is at variance with the Constitution of the United

States."

Mr. Trumbull replied: "If the rebellion is at an end, will anybody

tell me by what authority the President of the United States suspends

the writ of _habeas corpus_ in those States where it existed. The act

of Congress of March, 1863, authorized the President of the United

States to suspend the writ of _habeas corpus_ during the present

rebellion. He says it is at an end. By what authority, then, does he

suspend the writ? By his own declaration, let him stand or fall. If it

is competent to suspend the writ, if it is competent for military

tribunals to sit all through the South, and entertain military

jurisdiction, this bill, which does not continue military

jurisdiction, does not establish military jurisdiction, but only

authorizes the officers of this bureau, while military jurisdiction

prevails, to take charge of that particular class of cases affecting

the refugee or freedman where he is discriminated against, can not be

obnoxious to any constitutional objection."

"This bill," said the President, "proposes to make the Freedmen's

Bureau, established by the act of 1865, as one of many great and

extraordinary military measures to suppress a formidable rebellion, a

permanent branch of the public administration, with its powers greatly

enlarged."

"This is a mistake," replied Mr. Trumbull; "it is not intended, I

apprehend, by any body, certainly not by me, to make it a permanent

branch of the public administration; and I am quite sure that the

powers of the bureau are not, by the amendatory bill, greatly

enlarged. A careful examination of the amendment will show that it is

in some respects a restriction on the powers already exercised."

"The third section of the bill," the President objected, "authorizes a

general and unlimited grant of support to the destitute and suffering

refugees and freedmen, their wives and children."

"What is the third section of the bill," asked Mr. Trumbull, "which

the President says contains such an unlimited grant of support to the

destitute and suffering refugees, their wives and children? I will

read that third section:

"'That the Secretary of War may direct such issues of

provisions, clothing, fuel, 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: _Provided_, That no person

shall be deemed "destitute," "suffering," or "dependent upon

the Government for support," within the meaning of this act,

who, being able to find employment, could, by proper

industry and exertion, avoid such destitution, suffering, or

dependence.'

"Does the President object to this bill on the ground that it

authorizes medical aid to be furnished the sick? Or does he object to

it because of the proviso which limits its operation, and declares

that nobody shall be deemed destitute and suffering under the

provisions of the act who is able, by proper industry and exertion, to

avoid such destitution? Why, sir, it is a limitation on the present

existing law. Does that look much like taking care of four million of

people--a provision that expressly limits the operations of this act

to those only who can not find employment? A statement of the fact is

all that is necessary to meet this statement in the Veto Message."

"The Congress of the United States," said the President, "has never

heretofore thought itself empowered to establish asylums beyond the

limits of the District of Columbia, except for the benefit of our

disabled soldiers and sailors. It has never founded schools for any

class of our own people. It has never deemed itself authorized to

expend the public money for the rent or purchase of homes for the

thousands, not to say millions of the white race who are honestly

toiling from day to day for their subsistence."

"The answer to that is this," said Mr. Trumbull: "We never before were

in such a state as now"; never before in the history of this

Government did eleven States of the Union combine together to

overthrow and destroy the Union; never before in the history of this

Government have we had a four years' civil war; never before in the

history of this Government have nearly four million people been

emancipated from the most abject and degrading slavery ever imposed

upon human beings; never before has the occasion arisen when it was

necessary to provide for such large numbers of people thrown upon the

bounty of the Government unprotected and unprovided for. But, sir,

wherever the necessity did exist the Government has acted. We have

voted hundreds of thousands and millions of dollars, and are doing it

from year to year, to take care of and provide for the destitute and

suffering Indians. We appropriated, years ago, hundreds of thousands

of dollars to take care of and feed the savage African who was landed

upon our coast by slavers. We provided by law that whenever savages

from Africa should be brought to our shores, or whenever they should

be captured on board of slavers, the President of the United States

should make provision for their maintenance and support, for five

years, on the coast of Africa. He was authorized by law to appoint

agents to go to Africa to provide means to feed them, and we paid the

money to do it. And yet, sir, can we not provide for these Africans

who have been held in bondage all their lives, who have never been

permitted to earn one dollar for themselves, who, by the great

Constitutional Amendment declaring freedom throughout the land, have

been discharged from bondage to their masters, who had hitherto

provided for their necessities in consideration of their services? Can

we not provide for these destitute persons of our own land on the same

principle that we provide for the Indians, that we provide for the

savage African?"

"But," continued Mr. Trumbull, "the President says we have never

rented lands for the white race, we have never purchased lands for

them. What do we propose to do by this bill? This authorizes, if the

President thinks proper to do it--it is in his discretion--the

purchase or renting of lands on which to place these indigent people;

but before any land can be purchased or rented, before any contract

can be made on the subject, there must be an appropriation made by

Congress. This bill contains no appropriation. If the President is

opposed to the rent or purchase of land, and Congress passes a bill

appropriating money for that purpose, let him veto it if he thinks it

unconstitutional; but there is nothing unconstitutional in this bill.

This bill does not purchase any land; but it prevents even a contract

on the subject until another law shall be passed appropriating the

money for that purpose.

"But, sir, what is the objection to it if it did appropriate the

money? I have already undertaken to show, and I think I have shown,

that it was the duty of the United States, as an independent nation,

as one of the powers of the earth, whenever there came into its

possession an unprotected class of people, who must suffer and perish

but for its care, to provide for and take care of them. When an army

is marching through an enemy's country, and poor and destitute persons

are found within its lines who must die by starvation if they are not

fed from the supplies of the army, will any body show me the

constitutional provision or the act of Congress that authorizes the

general commanding to open his commissariat and feed the starving

multitude? And has it not been done by every one of your commanders

all through the South? Whenever a starving human being, man, woman, or

child, no matter whether black or white, rebel or loyal, came within

the lines of the army, to perish and die unless fed from our supplies,

there has never been an officer in our service, and, thank God! there

has not been, who did not relieve the sufferer. If you want to know

where the constitutional power to do this is, and where the law is, I

answer, it is in that common humanity that belongs to every man fit to

bear the name, and it is in that power that belongs to us as a

Christian nation, carrying on war upon civilized principles.

"If we had the right then to feed those people as we did, have we not

the right to take care of them in the cheapest way we can? If, when

General Sherman was passing through Georgia, he found the lands

abandoned; if their able-bodied owners had entered the rebel army to

fight against us; if the women and children had fled and left the land

a waste, and he had, as is the fact, thousands of persons hanging upon

his army dependent upon him for supplies; if it was believed that it

would be cheaper to support these people upon these lands than to buy

provisions to feed them, might we not do so? May we not resort to

whatever means is most judicious to protect from starvation that

multitude which common humanity requires us to feed?

"Nor, sir, is it true that no provision has been made by Congress for

the education of white people. We have given all through the new

States one section of land in every township for the benefit of common

schools. We have donated hundreds of thousands of acres of land to all

the States for the establishment of colleges and seminaries of

learning. How did we get this land? It was purchased by our money, and

then we gave it away for purposes of education. The same right exists

now to provide for these people, and it is not simply for the black

people, but for the white refugees as well as the black, that this

bill provides."

Said the President: "The appropriations asked by the Freedmen's

Bureau, as now established, for the year 1866, amounts to $11,745,000.

It may be safely estimated that the cost to be incurred under the

pending bill will require double that amount."

Mr. Trumbull replied: "A far larger sum, in proportion to the number

that were thrown upon our hands, was expended before the creation of

the Freedmen's Bureau, in feeding and taking care of refugees and

freedmen, than since the establishment of the Freedmen's Bureau. Since

that time, the authority of the Government has been extended over all

the rebellious States, and we have had a larger number of refugees and

freedmen to provide for, but in proportion to the number I have no

doubt that the expense is less now than it was before the

establishment of the bureau."

"The query again presents itself," said the President, "whether the

system proposed by the bill will not, when put into complete

operation, practically transfer the entire care, support, and control

of four million emancipated slaves to agents, overseers, or

taskmasters, who, appointed at Washington, are to be located in every

county and parish throughout the United States containing freedmen and

refugees."

"I scarcely know how to reply to that most extravagant statement,"

said Mr. Trumbull. "I have already shown that it would be a great

abuse of the power conferred by this bill to station an agent in every

county. I have already stated that but a small proportion of the

freedmen are aided by the Freedmen's Bureau. In this official document

the President has sent to Congress the exaggerated statement that it

is a question whether this bureau would not bring under its control

the four million emancipated slaves. The census of 1860 shows that

there never were four million slaves in all the United States, if you

counted every man, woman, and child, and we know that the number has

not increased during the war. But, sir, what will be thought when I

show, as I shall directly show by official figures, that, so far from

providing for four million emancipated slaves, the Freedmen's Bureau

never yet provided for a hundred thousand, and, as restricted by the

proviso to the third section of the present bill, it could never be

extended, under it, to a larger number. Is it not most extraordinary

that a bill should be returned with the veto from the President on the

ground that it provides for four million people, when, restricted in

its operations as it is, and having been in operation since March

last, it has never had under its control a hundred thousand? I have

here an official statement from the Freedmen's Bureau, which I beg

leave to read in this connection:

"'The greatest number of persons to whom rations were

issued, including the Commissary Department, the bureau

issues to persons without the army, is one hundred and

forty-eight thousand one hundred and twenty.'

"Who are they? I said there were not a hundred thousand freedmen

provided for by the bureau.

"'Whites, 57,369; colored, 90,607; Indians, 133. The

greatest number by the bureau was 49,932, in September. The

total number for December was 17,025.'

"That sounds a little different from four millions. Seventeen thousand

and twenty-five were all that were provided for by the Freedmen's

Bureau in the month of December last, the number getting less and less

every month. Why? Because, by the kind and judicious management of

that bureau, places of employment were found for these refugees and

freedmen. When the freedmen were discharged from their masters'

plantations they were assisted to find places of work elsewhere.

"The President says," continued Mr. Trumbull, "that Congress never

thought of making these provisions for the white people. Let us see

what provisions have been made for the white people. Major-General

Fisk, Commissioner of the Freedmen's Bureau for the State of

Tennessee, in his testimony given before the Reconstruction Committee,

said:

"'During the last year, the rations issued to white people

in Tennessee have been much in excess of those issued to

freedmen. When I took charge of my district the Government

was feeding twenty-five thousand people; in round numbers,

about seventeen thousand five hundred white persons and

seven thousand blacks. The month preceding the establishment

of the Freedmen's Bureau, for rations alone for that class

of people the sum of $97,000 was paid. My first efforts were

to reduce the number of those beneficiaries of the

Government, to withhold the rations, and make the people

self-supporting as far as possible; and in the course of

four months I reduced the monthly expenses from $97,000 to

$5,000.'

"In addition to the objections already stated," said the President,

"the fifth section of this bill proposes to take away land from its

former owners, without any legal proceedings first had."

"I regret," said Mr. Trumbull, "that a statement like that should

inadvertently (for it must have been inadvertent) have found a place

in this Veto Message. The fifth section of the bill does not propose

to take away lands from any body. I will read it, and we shall see

what it is:

"'That the occupants of land under Major-General Sherman's

special field order, dated at Savannah, January 16, 1865,

are hereby confirmed in their possession.'

"Is not this a different thing from taking away land from any body? Do

you take a thing away from another person when you have it in your

possession already? This fifth section, so far from taking land from

any body, provides simply for protecting the occupants of the land for

three years from the 16th of January, 1865, a little less than two

years from this time. If the section does any thing, it simply

prevents the restoration of this property to its former owners within

that period, except upon terms to be entered into, satisfactory to the

commissioner, between the occupant and the former owner. This is all

there is of it. It is a very different thing from taking away land

from its former owners."

"Undoubtedly," said the President, "the freedmen should be protected

by the civil authorities, especially by the exercise of all the

constitutional powers of the courts of the United States and of the

States."

"Let us see," replied Mr. Trumbull, "how they are protected by the

civil authority." After having read from documents setting forth laws

in reference to freedmen in force in Texas and Mississippi, Mr.

Trumbull continued: "I have here a number of communications of a

similar character, showing that, by the laws in some of the Southern

States, a pass system still exists, and that the negro really has no

protection afforded him either by the civil authorities or judicial

tribunals of the State. I have letters showing the same thing in the

State of Maryland, from persons whose character is vouched for as

reliable. Under this state of things, the President tells us that the

freedman should be protected 'by the exercise of all the

constitutional powers of the courts of the United States and of the

States!'"

"He also possesses," said the President, referring to the freedman, "a

perfect right to change his place of abode; and if, therefore, he does

not find in one community or State a mode of life suited to his

desires, or proper remuneration for his labor, he can move to another

where that labor is more esteemed and better rewarded."

"Then, sir," said Mr. Trumbull, "is there no necessity for some

supervising care of these people? Are they to be coldly told that they

have a perfect right to change their place of abode, when, if they are

caught in a strange neighborhood without a pass, they are liable to be

whipped? when combinations exist against them that they shall not be

permitted to hire unless to their former master? Are these people,

knowing nothing of geography, knowing not where to go, having never in

their lives been ten miles from the place where they were born, these

old women and young children, these feeble persons who are turned off

because they can no longer work, to be told to go and seek employment

elsewhere? and is the Government of the United States, which has made

them free, to stand by and do nothing to save and protect them? Are

they to be left to the mercy of such legislation as that of

Mississippi, to such laws as exist in Texas, to such practices as are

tolerated in Maryland and in Kentucky? Sir, I think some protection is

necessary for them, and that was the object of this bureau. It was not

intended, and such is not its effect, to interfere with the ordinary

administration of justice in any State, not even during the rebellion.

The moment that any State does justice and abolishes all

discrimination between whites and blacks in civil rights, the judicial

functions of the Freedmen's Bureau cease.

"But," continued Mr. Trumbull, "the President, most strangely of all,

dwells upon the unconstitutionality of this act, without ever having

alluded to that provision of the Constitution which its advocates

claim gives the authority to pass it. Is it not most extraordinary

that the President of the United States returns a bill which has

passed Congress, with his objections to it, alleging it to be

unconstitutional, and makes no allusion whatever in his whole message

to that provision of the Constitution which, in the opinion of its

supporters, clearly gives the authority to pass it? And what is that?

The second clause of the constitutional amendment, which declares that

Congress shall have authority by appropriate legislation to enforce

the article, which declares that there shall be neither slavery nor

involuntary servitude throughout the United States. If legislation be

necessary to protect the former slaves against State laws, which allow

them to be whipped if found away from home without a pass, has not

Congress, under the second clause of the amendment, authority to

provide it? What kind of freedom is that which the Constitution of the

United States guarantees to a man that does not protect him from the

lash if he is caught away from home without a pass? And how can we sit

here and discharge the constitutional obligation that is upon us to

pass the appropriate legislation to protect every man in the land in

his freedom, when we know such laws are being passed in the South, if

we do nothing to prevent their enforcement? Sir, so far from the bill

being unconstitutional, I should feel that I had failed in my

constitutional duty if I did not propose some measure that would

protect these people in their freedom. And yet this clause of the

Constitution seems to have escaped entirely the observation of the

President.

"The President objects to this bill because it was passed in the

absence of representation from the rebellious States. If that

objection be valid, all our legislation affecting those States is

wrong, and has been wrong from the beginning. When the rebellion broke

out, in the first year of the war, we passed a law for collecting a

direct tax, and we assessed that tax upon all the rebellious States.

According to the theory of the President, that was all wrong, because

taxation and representation did not go together. Those States were not

represented. Then, according to this argument, (I will not read all of

it,) we were bound to have received their Representatives, or else not

legislate for and tax them. He insists they were States in the Union

all the time, and according to the Constitution, each State is

entitled to at least one Representative.

"If the argument that Congress can not legislate for States

unrepresented is good now, it was good during the conflict of arms,

for none of the States whose governments were usurped are yet relieved

from military control. If we have no right to legislate for those

States now, we had no right to impose the direct tax upon them. We had

no right to pass any of our laws that affected them. We had no right

to raise an army to march into the rebellious States while they were

not represented in the Congress of the United States. We had no right

to pass a law declaring these States in rebellion. Why? The rebels

were not here to be represented in the American Senate. We had no

right to pass a law authorizing the President to issue a proclamation

discontinuing all intercourse with the people of those rebellious

States; and why? Because they were not represented here. We had no

right to blockade their coast. Why? They were not represented here.

They are States, says the President, and each State is entitled to two

Senators, and to at least one Representative. Suppose the State of

South Carolina had sent to Congress, during the war, a Representative;

had Congress nothing to do but to admit him, if found qualified? Must

he be received because he comes from a State, and a State can not go

out of the Union? Why, sir, is any thing more necessary than to state

this proposition to show its absolute absurdity?"

The President said: "The President of the United States stands toward

the country in a somewhat different attitude from that of any member

of Congress. Each member of Congress is chosen from a single district

or State; the President is chosen by the people of all the States. As

eleven States are not at this time represented in either branch of

Congress, it would seem to be his duty, on all proper occasions, to

present their just claims to Congress."

"If it would not be disrespectful," said Mr. Trumbull, "I should like

to inquire how many votes the President got in those eleven States.

Sir, he is no more the representative of those eleven States than I

am, except as he holds a higher position. I came here as a

Representative chosen by the State of Illinois; but I came here to

legislate, not simply for the State of Illinois, but for the United

States of America, and for South Carolina as well as Illinois. I deny

that we are simply the Representatives of the districts and States

which send us here, or that we are governed by such narrow views that

we can not legislate for the whole country; and we are as much the

Representatives, and, in this particular instance, receive as much of

the support of those eleven States as did the President himself."

Mr. Trumbull finally remarked: "The President believes this bill

unconstitutional; I believe it constitutional. He believes that it

will involve great expense; I believe it will save expense. He

believes that the freedmen will be protected without it; I believe he

will be tyrannized over, abused, and virtually reënslaved, without

some legislation by the nation for his protection. He believes it

unwise; I believe it to be politic."

Without further debate, the vote was taken on the question, "Shall the

bill pass, the objections of the President of the United States

notwithstanding?" The Senators voted as follows:

YEAS--Messrs. Anthony, Brown, Chandler, Clark, Conness,

Cragin, Creswell, Fessenden, Foster, Grimes, Harris,

Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of

Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman,

Sprague, Sumner, Trumbull, Wade, Williams, Wilson, and

Yates--30.

NAYS--Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle,

Guthrie, Hendricks, Johnson, McDougall, Morgan, Nesmith,

Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle,

and Willey--18.

ABSENT--Messrs. Foot and Wright--2.

The President _pro tempore_ then announced, "On this question the yeas

are thirty and the nays are eighteen. Two-thirds of the members

present not having voted for the bill, it is not a law."

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