History of the Thirty-Ninth Congress of the United States Part 9

His commissariat was short. Here was this abandoned country, owned by men arrayed in arms against the Government. He, it is admitted, had authority to put these followers of his army upon these lands, and authorize them to go to work and gain a subsistence if they could.

They went on the lands to the number of forty or fifty thousand, commenced work, have made improvements; and now will the Senator from Indiana tell me that upon any principle of justice, humanity, or law, if peace had come when these laborers had a crop half gathered, the Government of the United States, having rightfully placed them in possession, and pledged its faith to protect them there for an uncertain period, could immediately have turned them off and put in possession those traitor owners who had abandoned their homes to fight against the Government?

"The Government having placed these people rightfully upon these lands, and they having expended their labor upon them, they had a right to be protected in their possessions, for some length of time after peace, on the principle of equity. That is all we propose to do by this bill. The committee thought it would not be more than a reasonable protection to allow them to remain for three years, they having been put upon these lands dest.i.tute, without any implements of husbandry, without cattle, horses, or any thing else with which to cultivate the land, and having, up to the present time, been able to raise very little at the expense of great labor. Perhaps the Senator thinks they ought not to remain so long. I will not dispute whether they shall go off at the end of one year or two years. The committee propose two years more. The order was dated in January, 1865, and we propose three years from that time, which will expire in January, 1868, or about two years from this time.

"On account of that provision of the bill, the Senator asks me the question whether the Government of the United States has the right, in a time of peace, to take property from one man and give it to another.

I say no. Of course the Government of the United States has no authority, in a time of peace, by a legislative act, to say that the farm of the Senator from Indiana shall be given to the Senator from Ohio; I contend for no such principle. But following that up, the Senator wants to know by what authority you buy land or provide school-houses for these refugees. Have we not been providing school-houses for years? Is there a session of Congress when acts are not pa.s.sed giving away public lands for the benefit of schools? But that does not come out of the Treasury, the Senator from Indiana will probably answer. But how did you get the land to give away? Did you not buy it of the Indians? Are you not appropriating, every session of Congress, money by the million to extinguish the Indian t.i.tle--money collected off his const.i.tuents and mine by taxation? We buy the land and then we give the land away for schools. Will the Senator tell me how that differs from giving the money? Does it make any difference whether we buy the land from the Indians and give it for the benefit of schools, or whether we buy it from some rebel and give--no, sir, use--it for the benefit of schools, with a view ultimately of selling it for at least its cost? I believe I would rather buy from the Indian; but still, if the traitor is to be permitted to have a t.i.tle, we will buy it from him if we can purchase cheaper.

"Sir, it is a matter of economy to do this. The cheapest way by which you can save this race from starvation and destruction is to educate them. They will then soon become self-sustaining. The report of the Freedmen's Bureau shows that to-day more than seventy thousand black children are being taught in the schools which have been established in the South. We shall not long have to support any of these blacks out of the public Treasury if we educate and furnish them land upon which they can make a living for themselves. This is a very different thing from taking the land of A and giving it to B by an act of Congress.

"But the Senator is most alarmed at those sections of this bill which confer judicial authority upon the officers and agents of the Freedmen's Bureau. He says if this authority can be exercised there is an end to all the reserved rights of the States, and this Government may do any thing. Not at all, sir. The authority, as I have already shown, to be exercised under the seventh and eighth sections, is a military authority, to be exerted only in regions of country where the civil tribunals are overthrown, and not there after they are restored.

It is the same authority that we have been exercising all the time in the rebellious States; it is the same authority by virtue of which General Grant issued the order which I have just read. Here is a perfect and complete answer to the objection that is made to the seventh and eighth sections.

"But, says the Senator from Indiana, we have laws in Indiana prohibiting black people from marrying whites, and are you going to disregard these laws? Are our laws enacted for the purpose of preventing amalgamation to be disregarded, and is a man to be punished because he undertakes to enforce them? I beg the Senator from Indiana to read the bill. One of its objects is to secure the same civil rights and subject to the same punishments persons of all races and colors. How does this interfere with the law of Indiana preventing marriages between whites and blacks? Are not both races treated alike by the law of Indiana? Does not the law make it just as much a crime for a white man to marry a black woman as for a black woman to marry a white man, and _vice versa_? I presume there is no discrimination in this respect, and therefore your law forbidding marriages between whites and blacks operates alike on both races. This bill does not interfere with it. If the negro is denied the right to marry a white person, the white person is equally denied the right to marry the negro. I see no discrimination against either in this respect that does not apply to both. Make the penalty the same on all cla.s.ses of people for the same offense, and then no one can complain.

"My object in bringing forward these bills was to bring to the attention of Congress something that was practical, something upon which I hoped we all could agree. I have said nothing in these bills which are pending, and which have been recommended by the Committee on the Judiciary--and I speak of both of them because they have both been alluded to in this discussion--about the political rights of the negro. On that subject it is known that there are differences of opinion, but I trust there are no differences of opinion among the friends of the const.i.tutional amendment, among those who are for real freedom to the black man, as to his being ent.i.tled to equality in civil rights. If that is not going as far as some gentlemen would desire, I say to them it is a step in the right direction. Let us go that far, and, going that far, we have the cooperation of the Executive Department; for the President has told us 'Good faith requires the security of the freedmen in their liberty and their property, their right to labor, and their right to claim the just return of their labor.'

"Such, sir, is the language of the President of the United States in his annual message; and who in this chamber that is in favor of the freedom of the slave is not in favor of giving him equal and exact justice before the law? Sir, we can go along hand in hand together to the consummation of this great object of securing to every human being within the jurisdiction of the republic equal rights before the law, and I preferred to seek for points of agreement between all the departments of Government, rather than to hunt for points of divergence. I have not said any thing in my remarks about reconstruction. I have not attempted to discuss the question whether these States are in the Union or out of the Union, and so much has been said upon that subject that I am almost ready to exclaim with one of old, 'I know not whether they are in the body or out of the body; G.o.d knoweth.' It is enough for me to know that the State organizations in several States of the Union have been usurped and overthrown, and that up to the present time no State organization has been inaugurated in either of them which the various departments of Government, or any department of the Government, has recognized as placing the States in full possession of all the const.i.tutional rights pertaining to States in full communion with the Union.

"The Executive has not recognized any one, for he still continues to exercise military jurisdiction and to suspend the privilege of the writ of _habeas corpus_ in all of them. Congress has not recognized any of them, as we all know; and until Congress and the Executive do recognize them, let us make use of the Freedmen's Bureau, already established, to protect the colored race in their rights; and when these States shall be admitted, and the authority of the Freedmen's Bureau as a court shall cease and determine, as it must when civil authority is fully restored, let us provide, then, by other laws, for protecting all people in their equal civil rights before the law. If we can pa.s.s such measures, they receive executive sanction, and it shall be understood that it is the policy of the Government that the rights of the colored men are to be protected by the States if they will, but by the Federal Government if they will not; that at all hazards, and under all circ.u.mstances, there shall be impartiality among all cla.s.ses in civil rights throughout the land. If we can do this, much of the apprehension and anxiety now existing in the loyal States will be allayed, and a great obstacle to an early restoration of the insurgent States to their const.i.tutional relations in the Union will be removed.

"If the people in the rebellious States can be made to understand that it is the fixed and determined policy of the Government that the colored people shall be protected in their civil rights, they themselves will adopt the necessary measures to protect them; and that will dispense with the Freedmen's Bureau and all other Federal legislation for their protection. The design of these bills is not, as the Senator from Indiana would have us believe, to consolidate all power in the Federal Government, or to interfere with the domestic regulations of any of the States, except so far as to carry out a const.i.tutional provision which is the supreme law of the land. If the States will not do it, then it is inc.u.mbent on Congress to do it. But if the States will do it, then the Freedmen's Bureau will be removed, and the authority proposed to be given by the other bill will have no operation.

"Sir, I trust there may be no occasion long to exercise the authority conferred by this bill. I hope that the people of the rebellious States themselves will conform to the existing condition of things. I do not expect them to change all their opinions and prejudices. I do not expect them to rejoice that they have been discomfited. But they acknowledge that the war is over; they agree that they can no longer contend in arms against the Government; they say they are willing to submit to its authority; they say in their State conventions that slavery shall no more exist among them. With the abolition of slavery should go all the badges of servitude which have been enacted for its maintenance and support. Let them all be abolished. Let the people of the rebellious States now be as zealous and as active in the pa.s.sage of laws and the inauguration of measures to elevate, develop, and improve the negro as they have hitherto been to enslave and degrade him. Let them do justice and deal fairly with loyal Union men in their midst, and henceforth be themselves loyal, and this Congress will not have adjourned till the States whose inhabitants have been engaged in the rebellion will be restored, to their former position in the Union, and we shall all be moving on in harmony together."

On the day following the discussion above given, Mr. Cowan moved to amend the first section of the bill so that its operation would be limited to such States "as have lately been in rebellion." In supporting his amendment, Mr. Cowan remarked: "I have no idea of having this system extended over Pennsylvania. I think that as to the freedmen who make their appearance there, she will be able to take care of them and provide as well for them as any bureau which can be created here. I wish to confine the operation of this inst.i.tution to the States which have been lately in rebellion."

To this Mr. Trumbull replied: "The Senator from Pennsylvania will see that the effect of that would be to exclude from the operation of the bureau the State of Kentucky and the State of Delaware, where the slaves have been emanc.i.p.ated by the const.i.tutional amendment. The operation of the bureau will undoubtedly be chiefly confined to the States where slavery existed; but it is a fact which may not be known to the Senator from Pennsylvania, that during this war large numbers of slaves have fled to the Northern States bordering on the slaveholding territory.

"It is not supposed that the bill will have any effect in the State of Pennsylvania or in the State of Illinois, unless it might, perhaps, be at Cairo, where there has been a large number of these refugees congregated, without any means of support; they followed the army there at different times.

"The provision of the bill in regard to holding courts, and some other provisions, are confined entirely to the rebellious States, and will have no operation in any State which was not in insurrection against this Government. I make this explanation to the Senator from Pennsylvania, and I think he will see the necessity of the bureau going into Kentucky and some of the other States, as much as into any of the Southern rebellious States."

Mr. Guthrie was opposed to the extension of the bill to his State. He said: "I should like to know the peculiar reasons why this bill is to be extended to the State of Kentucky. She has never been in rebellion.

Though she has been overrun by rebel armies, and her fields laid waste, she has always had her full quota in the Union armies, and the blood of her sons has marked the fields whereon they have fought.

Kentucky does not want and does not ask this relief. The freedmen in Kentucky are a part of our population; and where the old, and lame, and halt, and blind, and infants require care and attention they obtain it from the counties. Our whole organization for the support of the poor, through the agencies of the magistrates in the several counties, is complete."

[Ill.u.s.tration: Hon. Henry Wilson.]

On the other hand, Mr. Creswell, of Maryland, saw a necessity for the operation of the bill in his State. He said: "I have received, within the last two or three weeks, letters from gentlemen of the highest respectability in my State, a.s.serting that combinations of returned rebel soldiers have been formed for the express purpose of persecuting, beating most cruelly, and in some cases actually murdering the returned colored soldiers of the republic. In certain sections of my State, the civil law affords no remedy at all. It is impossible there to enforce against these people so violating the law the penalties which the law has prescribed for these offenses. It is, therefore, necessary, in my opinion, that this bill shall extend over the State of Maryland."

Mr. Cowan, in the course of a speech on the bill, said: "Thank G.o.d! we are now rid of slavery; that is now gone." He also said: "Let the friends of the negro, and I am one, be satisfied to treat him as he is treated in Pennsylvania; as he is treated in Ohio; as he is treated every-where where people have maintained their sanity upon the question."

Mr. Wilson said: "The Senator from Pennsylvania tells us that he is the friend of the negro. What, sir, he the friend of the negro! Why, sir, there has hardly been a proposition before the Senate of the United States for the last five years, looking to the emanc.i.p.ation of the negro and the protection of his rights, that the Senator from Pennsylvania has not st.u.r.dily opposed. He has hardly ever uttered a word upon this floor the tendency of which was not to degrade and to belittle a weak and struggling race. He comes here to-day and thanks G.o.d that they are free, when his vote and his voice for five years, with hardly an exception, have been against making them free. He thanks G.o.d, sir, that your work and mine, our work which has saved a country and emanc.i.p.ated a race, is secured; while from the word 'go,'

to this time, he has made himself the champion of 'how not to do it.'

If there be a man on the floor of the American Senate who has tortured the Const.i.tution of the country to find powers to arrest the voice of this nation which was endeavoring to make a race free, the Senator from Pennsylvania is the man; and now he comes here and thanks G.o.d that a work which he has done his best to arrest, and which we have carried, is accomplished. I tell him to-day that we shall carry these other measures, whether he thanks G.o.d for them or not, whether he opposes them or not." [Laughter and applause in the galleries.]

After an extended discussion, the Senate refused, by a vote of thirty-three against eleven, to adopt the amendment proposed by Mr.

Cowan.

The bill was further discussed during three successive days, Messrs.

Saulsbury, Hendricks, Johnson, McDougall, and Davis speaking against the measure, and Messrs. Fessenden, Creswell, and Trumbull in favor of it. Mr. Garrett Davis addressed the Senate more than once on the subject, and on the last day of the discussion made a very long speech, which was answered by Mr. Trumbull. The Senator from Illinois, at the conclusion of his speech, remarked:

"What I have now said embraces, I believe, all the points of the long gentleman's speech except the sound and fury, and that I will not undertake to reply to."

"You mean the short gentleman's long speech," interposed some Senator.

"Did I say short?" asked Mr. Trumbull. "If so, it was a great mistake to speak of any thing connected with the Senator from Kentucky as short." [Laughter.]

"It is long enough to reach you," responded Mr. Davis.

The vote was soon after taken on the pa.s.sage of the bill, with the following result:

YEAS--Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kansas, Morgan, Morrill, Norton, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Stewart, Sumner, Trumbull, Van Winkle, Wade, Williams, Wilson, and Yates--37.

NAYS--Messrs. Buckalew, Davis, Guthrie, Hendricks, Johnson, McDougall, Riddle, Saulsbury, Stockton, and Wright--10.

ABSENT--Messrs. Cowan, Nesmith, and Willey--3.

The bill having pa.s.sed, the question came up as to its t.i.tle, which it was proposed to leave as reported by the committee: "A bill to enlarge the powers of the Freedmen's Bureau."

Mr. Davis moved to amend the t.i.tle by subst.i.tuting for it, "A bill to appropriate a portion of the public land in some of the Southern States and to authorize the United States Government to purchase lands to supply farms and build houses upon them for the freed negroes; to promote strife and conflict between the white and black races; and to invest the Freedmen's Bureau with unconst.i.tutional powers to aid and a.s.sist the blacks, and to introduce military power to prevent the commissioner and other officers of said bureau from being restrained or held responsible in civil courts for their illegal acts in rendering such aid and a.s.sistance to the blacks, and for other purposes."

The President _pro tempore_ p.r.o.nounced the amendment "not in order, inconsistent with the character of the bill, derogatory to the Senate, a reproach to its members."

Mr. McDougall declared the proposed amendment "an insult to the action of the Senate."

The unfortunate proposition was quietly abandoned by its author, and pa.s.sed over without further notice by the Senate. By unanimous consent, the t.i.tle of the bill remained as first reported.

CHAPTER VII.

THE FREEDMEN'S BUREAU BILL IN THE HOUSE.

The Bill reported to the House -- Mr. Eliot's Speech -- History -- Mr. Dawson vs. the Negro -- Mr. Garfield -- The Idol Broken -- Mr. Taylor counts the Cost -- Mr. Donnelly's Amendment -- Mr. Kerr -- Mr. Marshall on White Slavery -- Mr. Hubbard -- Mr. Moulton -- Opposition from Kentucky -- Mr. Ritter -- Mr. Rousseau's Threat -- Mr. Shanklin's Gloomy Prospect -- Mr. Trimble's Appeal -- Mr. Mckee an exceptional Kentuckian -- Mr. Grinnell on Kentucky -- the Example of Russia -- Mr. Phelps -- Mr. Sh.e.l.labarger's Amendment -- Mr.

Chanler -- Mr. Stevens' Amendments -- Mr. Eliot closes the Discussion -- Pa.s.sage of the Bill -- Yeas and Nays.

On the day succeeding the pa.s.sage of the bill in the Senate, it was sent to the House of Representatives, and by them referred to the Select Committee on the Freedmen.

On the 30th of January, Mr. Eliot, Chairman of this committee, reported the bill to the House with amendments, mainly verbal alterations.

In a speech, advocating the pa.s.sage of the bill, Mr. Eliot presented something of the history of legislation for the freedmen. He said: "On the 3d day of last March the bill establis.h.i.+ng a Freedmen's Bureau became a law. It was novel legislation, without precedent in the history of any nation, rendered necessary by the rebellion of eleven slave States and the consequent liberation from slavery of four million persons whose unpaid labor had enriched the lands and impoverished the hearts of their relentless masters.

"At an early day, when the fortunes of war had shown alternate triumphs and defeats to loyal arms, and the timid feared and the disloyal hoped, it was my grateful office to introduce the first bill creating a bureau of emanc.i.p.ation. It was during the Thirty-seventh Congress. But, although the select committee to which the bill was referred was induced to agree that it should be reported to the House, it so happened that the distinguished Chairman, Judge White, of Indiana, did not succeed in reporting it for our action. At the beginning of the Thirty-eighth Congress it was again presented, and very soon was reported back to the House under the t.i.tle of 'A bill to establish a Bureau of Freedmen's Affairs.' It was fully debated and pa.s.sed by the House. The vote was sixty-nine in favor, and sixty-seven against the bill; but of the sixty-seven who opposed it, fifty-six had been counted against it, because of their political affinities. On the 1st of March, 1864, the bill went to the Senate. It came back to the House on the 30th of June, four days before the adjournment of Congress. To my great regret, the Senate had pa.s.sed an amendment in the nature of a subst.i.tute, attaching this bureau to the Treasury Department; but it was too late to take action upon it then, and the bill was postponed until December. At that time the House non-concurred with the Senate, and a committee of conference was chosen. The managers of the two houses could not agree as to whether the War Department or the Treasury should manage the affairs of the bureau. They therefore agreed upon a bill creating an independent department neither attached to the War nor Treasury, but communicating directly with the President, and resting for its support upon the arm of the War Department. That bill was also pa.s.sed by the House but was defeated in the Senate. Another Conference Committee was chosen, and that committee, whose chairman in the House was the distinguished gentleman from Ohio, then and now at the head of the Military Committee, agreed upon a bill attaching the bureau to the War Department, and embracing refugees as well as freedmen in its terms.

That bill is now the law.

"The law was approved on the 3d of March, 1865. Nine months have not yet elapsed since its organization. The order from the War Department under which the bureau was organized bears date on the 12th of May, 1865. General Howard, who was then in command of the Department of Tennessee, was a.s.signed as commissioner of the bureau. The bill became a law so late in the session that it was impossible for Congress to legislate any appropriation for its support. It was necessary, therefore, that the management of it should be placed in the hands of military officers, and fortunately the provisions of the bill permitted that to be done. General Howard was, as I stated, in command of the Department of Tennessee, when he was detailed to this duty. But on the 15th of May, that is to say, within three days after the order appointing him, was issued, he a.s.sumed the duties of his office.