History of the Thirty-Ninth Congress of the United States Part 11

He closed his speech with the following appeal: "I appeal to my friends who love this Union, who love it for all the memories of the past, who love it because it has protected them and theirs; I appeal to them to pause and reflect before they press this measure upon these people; for I tell you that, in my judgment, the effects of the provisions of this bill to us as a nation will not be told in our lifetimes. If legislation of this character is to be pressed here, I awfully fear hope will sink within us. Our love for this Union and desire for its restoration will be greatly weakened and estranged."

Mr. McKee alone, of all the Representatives from Kentucky, was favorable to the bill. The opponents of the measure had spoken of it as a "monstrous usurpation." "We have heard that talk," said Mr.

McKee, "for more than four years here. What bill has been introduced into and pa.s.sed by Congress since this war began that this same party has not been accustomed to denounce as a monstrous usurpation of power? When the President of the United States issued his call for troops they cried out, 'A monstrous usurpation of power.' When he sent a requisition to the Governor of my own State, what was the response?

'Not a man, not a dollar, to prosecute this wicked war against our Southern brethren.' And the Union party, G.o.d help them! in Kentucky, indorsed the sentiment at that day. I did not belong to that part of the Union party; I never belonged to that 'neutrality concern.' I never put in my oar to help propel that s.h.i.+p which was in favor of thundering forth with its cannon against the North and the South alike. I never belonged to that party which said, 'We will stand as a wall of fire against either side.' I thank G.o.d I never stood upon but one side, and that was the side of my country, against treason, against oppression, against wrong in all its forms."

In arguing the necessity for some such legislation as that provided in this bill, Mr. McKee asked, "Has any Southern State given the freedmen 'their full rights and full protection?' Is there a solitary State of those that have been in rebellion, (and I include my own State with the rest, because, although she has never been, by proclamation, declared a State in rebellion, I think she has been one of the most rebellious of the whole crew,) is there a single one of these States that has pa.s.sed laws to give the freedmen full protection? In vain we wait an affirmative response. Until these States have done so, says this high authority, the Freedmen's Bureau is a necessity. This is to my mind a sufficient answer to the arguments of gentlemen on the other side. In none of those States has the black man a law to protect him in his rights, either of person or property. He can sue in a court of justice in my State, but he can command no testimony in his prosecution or defense unless the witness be a white man. We have one code for the white man, another for the black. Is this justice? Where is your court of justice in any Southern State where the black man can secure protection? Again there is no response."

Mr. Grinnell, of Iowa, a member of the committee that had reported this bill, took the floor in its favor. Much having been said by Representatives of Kentucky in reference to that State, Mr. Grinnell remarked: "I can not forget, when I hear these extravagant claims set up here, that her Governor, in the first year of the rebellion, refused to honor the call for troops made by the President of the United States in our darkest hour; nor can I forget that when her soldiers wished to organize regiments they were obliged to cross the Ohio River into the State of Indiana, that they might organize them free from the interference of the power of Kentucky neutrality. That is a fact in history, and I can not overlook it, when gentlemen here arraign the President of the United States because he has seen fit to suspend the privilege of the writ of _habeas corpus_ in the State of Kentucky."

"Let us see," said Mr. Grinnell, in a subsequent part of his speech, "what are the laws of Kentucky which are so just and honorable and equitable. The white man in Kentucky can testify in the courts; the black man can testify against himself. The white man can vote; the black man can not. The white man, if he commits an offense, is tried by a jury of his peers; the black man is tried by his enlightened, unprejudiced superiors. The rape of a negro woman by a white man is no offense; the rape of a white woman by a negro man is punishable by death, and the Governor of the State can not commute.

"A white man may come into Kentucky when he pleases; the free negro who comes there is a felon, though a discharged soldier, and wounded in our battles. A white man in Kentucky may keep a gun; if a black man buys a gun he forfeits it, and pays a fine of five dollars if presuming to keep in his possession a musket which he has carried through the war. Arson of public buildings, if committed by a white man, is punished by imprisonment in the penitentiary for a term of from seven to twenty-one years; if committed by a black man, the punishment is death. Arson of a warehouse, etc., when committed by a white man, is punished by imprisonment in the penitentiary from one to six years; when committed by a negro, the penalty is death.

"If a white man is guilty of insurrection or rebellion, he is punished by being called 'chivalrous.' I instance the rebel General Forest, who murdered white men at Fort Pillow, and is reputed the most popular man South. If a negro rebels, or conspires to rebel, he is punished with death. These are specimens."

Referring to the benefits conferred by the Freedmen's Bureau upon Kentucky, Mr. Grinnell remarked: "As it is a.s.serted that this Freedmen's Bureau is a partial, unnecessary, speculating affair, I wish to call attention to the fact that in the State of Kentucky, during the last five months, more white refugees than freedmen, in the proportion of seven and one-fourth to one, have received rations at the hands of the Government; that this bureau has kept in schools in the State of Kentucky fourteen thousand black people."

In further ill.u.s.tration of the work accomplished by this instrumentality, he said: "This bureau is in charge of 800,000 acres of land and 1,500 pieces of town property. It has issued more than 600,000 rations to refugees, and 3,500,000 to freedmen. It has treated 2,500 refugees in hospitals, and decently buried 227 of them. It has treated 45,000 freedmen, and made the graves for 6,000 of the number.

Transportation has been furnished to 1,700 refugees and 1,900 freedmen. In the schools there are 80,000 people that have been instructed by this bureau. And now it is proposed to leave all these children of misfortune to the tender mercies of a people of whom it is true by the Spanish maxim, 'Since I have wronged you I have hated you.' I never can. Our authority to take care of them is founded in the Const.i.tution; else it is not worthy to be our great charter. It gives authority to feed Indian tribes, though our enemies, and a just interpretation can not restrain us in clothing and feeding unfortunate friends. In providing schools, we can turn to the same authority which led to the gift of millions of acres of the public domain for the purpose of establis.h.i.+ng agricultural colleges in this country."

He referred to Russia for example of what should be done in such an emergency: "We should be worse than barbarians to leave these people where they are, landless, poor, unprotected; and I commend to gentlemen who still cling to the delusion that all is well, to take lessons of the Czar of the Russias, who, when he enfranchised his people, gave them lands and school-houses, and invited school-masters from all the world to come there and instruct them. Let us hush our national songs; rather gird on sack-cloth, if wanting in moral courage to reap the fruits of our war by being just and considerate to those who look up to us for temporary counsel and protection. Care and education are cheaper for the nation than neglect, and nothing is plainer in the counsels of heaven or the world's history."

An allusion made by Mr. Grinnell to the speech of Mr. Rosseau, provoked the personal a.s.sault to be described hereafter.

Mr. Raymond having the floor for a personal explanation, took occasion to make the following remarks in reference to the bill: "I have no apprehensions as to the practical workings of this law. So far as I have been able to collect information from all quarters--and I have taken some pains to do so--I find that this law, like most other laws on our statute books, works well where it is well administered. The practical operations of this bureau will depend upon the character of the agents into whose hands its management is intrusted. I certainly have no apprehension in this respect. I do not for one moment fear that the agents who will be appointed to carry this law into execution will not use the powers conferred upon them for the furtherance of the great object which we all have in view--the reconciliation, the protection, the security of all cla.s.ses of those who are now our fellow-citizens in the Southern States."

Mr. Phelps, of Maryland, made a speech indorsing the principle of the bill, but objecting to some of its details. His objections were removed by the presentation and acceptance of the following amendment by Mr. Sh.e.l.labarger, of Ohio: "No person shall be deemed dest.i.tute, 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 dest.i.tution, suffering and dependence."

Mr. Chanler made a long speech in opposition to the bill. He gave particular attention to the speech of Mr. Donnelly, of Minnesota, who had advocated education as a necessity for the South. "The malignant party spirit and sectional hate," said Mr. Chanler, "that runs through this whole statement, needs no ill.u.s.tration." After presenting voluminous extracts from speeches, letters, and public doc.u.ments, Mr.

Chanler summed up his objections to the bill in the following words: "Our people are not willing to live under military rule.

"This bureau is under military rule. It proposes to perpetuate and strengthen itself by the present bill.

"It founds an '_imperium in imperio_' to protect black labor against white labor.

"It excludes the foreign immigrant from the lands given to the native-born negro.

"It subjects the white native-born citizen to the ignominy of surrendering his patrimony, his self-respect, and his right to labor into the hands of negroes, idle, ignorant, and misled by fanatic, selfish speculators."

Mr. Stevens desired to amend the bill by striking out the limitation to three years given the possessory t.i.tles conferred by General Sherman, and rendering them perpetual. This amendment the House were unwilling to accept. Mr. Stevens further proposed to strike out the proviso "unless as punishment for crime, whereof the party shall have been duly convicted," giving as a reason for this amendment, "I know that men are convicted of a.s.sault and battery, and sentenced to slavery down there. I have authentic evidence of that fact in several letters, and, therefore, I propose to strike out those words."

This amendment was adopted. Another important amendment proposed by the committee was the limitation of the operation of the bill to States in which the writ of _habeas corpus_ was suspended on the 1st of February, 1866. Mr. Eliot closed the debate by answering some objections to the bill, and presenting some official doc.u.ments proving the beneficent results of the bureau, especially in the State of Kentucky.

On the 6th of February the question was taken, and the bill pa.s.sed by the following vote:

YEAS--Messrs. Alley, Allison, Ames, Anderson, Delos R.

Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader W.

Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale, Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D.

Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, James Humphrey, Ingersoll, Jenckes, Julian, Ka.s.son, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V.

Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moulton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pomeroy, Price, William H. Randall, Raymond, Alexander H.

Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Sh.e.l.labarger, Smith, Spalding, Starr, Stevens, Stilwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Elihu B. Washburne, William B. Washburn, Welker, Wentworth, Whaley, Williams, James F. Wilson, Stephen F. Wilson, Windom, and Woodbridge.--136.

NAYS--Messrs. Boyer, Brooks, Chanler, Dawson, Eldridge, Finck, Glossbrenner, Grider, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James M. Humphrey, Kerr, Le Blond, Marshall, McCullough, Niblack, Nicholson, Noell, Samuel J.

Randall, Ritter, Rogers, Ross, Rosseau, Shanklin, Sitgreaves, Strouse, Taber, Taylor, Thornton, Trimble, and Wright--33.

NOT VOTING--Messrs. Ancona, Bergen, Buckland, Culver, Denison, Goodyear, Hulburd, Johnson, Jones, Radford, Sloan, Voorhees, and Winfield--13.

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 pa.s.s 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 pa.s.sage.

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 subst.i.tute for the whole bill, but it is the Senate bill _verbatim_, with a few exceptions, which I will endeavor to point out.

The t.i.tle of the bill has been changed, to begin with. It was called as it pa.s.sed the Senate 'A bill to enlarge the powers of the Freedmen's Bureau.' The House has amended the t.i.tle so as to make it read, 'A bill to amend an act ent.i.tled "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 pa.s.sed 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 pa.s.sed 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 pa.s.sed 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 pa.s.s 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 pa.s.sed 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 pa.s.sage 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 reorganized their State governments, pa.s.sed 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 Ma.s.sachusetts, 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 partic.i.p.ant." Not desiring to commit himself too hastily, he had reserved his opinion that he might act and vote understandingly, without feeling, or prejudice, or pa.s.sion. 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 emanc.i.p.ated; 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 circ.u.mstances whatever, of another war of rebellion against the const.i.tuted authorities of this country. My G.o.d! are we again to pa.s.s through the scenes of blood through which we have pa.s.sed 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 emanc.i.p.ation was pa.s.sed in my State. I advocated it, and have advocated emanc.i.p.ation 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 G.o.d 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 dest.i.tute 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: " G.o.d 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 dest.i.tute 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?"