History of the Thirty-Ninth Congress of the United States

ndment - Mr. Guthrie wishes to relieve Kentucky from the operation of the bill - Mr. Creswell desires that Maryland may enjoy the benefits of the bill -

abolishing slavery. I have never doubted that, on the adoption of that amendment, it would be competent for Congress to protect every person in the United States in all the rights of person and property belonging to a free citizen; and to secure these rights is the object of the bill which I propose to introduce. I think it important that action should be taken on this subject at an early day, for the purpose of quieting apprehensions in the minds of many friends of

owers of the Freedmen's Bureau." The bill was read twice by its title, and as it contained provisions relating to the exercise of judicial functions by the

with some amendments of a verbal character. On the following day these amendments were considered by the Senate,

ry containing such refugees and freedmen into districts, each containing one or more States, not to exceed twelve in number, and by and with the advice and consent of the Senate, to appoint an assistant commissioner for each district, who shall give like bond, receive the same compensation, and perform the same

eceive a salary not exceeding $1,500 per annum. Each assistant commissioner may employ not exceeding six clerks, one of the third class and five of the first class, and each agent of a sub-district may employ two clerks of the first class. The President of the United States, through the War Department and the commissioner, is to extend military jurisdiction and protection over all employés, agents, and of

o be determined in such manner as the commissioner shall by regulation prescribe. It proposes to confirm and make valid the possessory titles granted in pursuance of Major-General Sherman's special field order, dated at Savannah, January 16, 1865. The commissioner, under the direction of the President, is to be empowered to purchase or rent such tracts of

e, lease, sell, hold, and convey real and personal property, and to have full and equal benefit of all laws and proceedings for the security of person and estate), are refused or denied to negroes, mulattoes, freedmen, refugees, or any other persons, on account of race, color, or any previous condition of slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convi

r or different punishment than white persons are subject to for the commission of like acts or offenses, is to be deemed guilty of a misdemeanor, and be punished by fine not exceeding $1,000 or imprisonment not exceeding one year, or both. It is to be the duty of the officers and agents of this bureau to take jurisdiction of and hear and determine all offenses committed against this provision; and also of all cases affecting negroes, mulattoes, freedmen, refugees, or other persons who are discriminated against in any of the particulars mentioned in this act, under such rules and regulations

ctically entered upon until the 18th of January. On that day, Mr. Stewart made a speech ostensibly on this bill,

should be confirmed in their possessions for the period of three years from the date of said order, and no person should be disturbed in said possession

d obtained possessory titles to lands in Georgia, and urged the prop

could except this particular tract of country out of all the other lands in the South, and appropriate it in fee to these parties. I think, having gone upon the land in good f

s followed by Mr. Trumbull in reply. As both were members of the Judiciary Committee from which the bill was repor

T. A. Hendricks, S

g the bureau as it now exists. There was so much hesitancy on the part of the Senate, that by a very large vote it refused to agree to the bill reported by the Senator from Massachusetts, [Mr. Sumner,] from a committee of conference, and I believe the honorable Senator from Illinois, [Mr. Trumbull,] who introduced this bill, himself voted against that bill; and why? That bill simply undertook to define the powers and duties of the Freedmen's Bureau and its agents, and the Se

as the judgment of the Senate at the last session. What has occurred since to change the judgment of the Senate in this important matter? What change in the condition of the country induces the Senate now to say that this shall be a permanent bureau or department of the Government, when at the last session it said it should cease to exist within one year after the conclusion of the war? Why, sir, it seems to me that the country is now, and especially the Southern States

aw when it proposed to establish a permanent department. Shall we now, when the war is over, when the States are returning to their places in the Union, when the citizens are returning to their allegiance, when peace an

ates, not to exceed ten in all. This bill provides that the jurisdiction of the bureau shall extend wherever, within the limits of the United States, refugees or freedmen have gone. Indiana has not been a State in insurrection, and yet there are thousands of refugees and freedmen who have gone into that State within the last three years. This bureau is t

is it not enough that the bureau should have included one State, the State of Kentucky, over which it had no rightful original jurisdiction? And must we now amend it so as to place all the States of the Union within the power of this irresponsible sub-government? This is one objection that I have to the b

of the bureau for the fiscal year commencing January, 1866, will

t and sub-assistant

of cler

and print

and fue

r distribut

y stores

departme

tation 1

perintend

l-houses and as

aphing

hen the population of the States had gone up to many millions. How is it that a department that has but a partial jurisdiction over the people shall cost almost as much for the management of four million people as it cost to manage the whole Government, for its army, its navy, its legislative and judicial departments, in former years? My learned friend from Kentucky suggests that the expenses under John Quincy Adam

xpect to get through a year with less than $20,000,000 of an expenditure for this bureau. But that is a mere opinion; for no man can tell until we have the number of officers that are to be appointed under the bill prescribed in the bill itself, and this section leaves

ident of the United States, through the War Department and the commissioner, shall extend m

ve been ground hard under military authority and power within the last three or four years, but it was borne because it was hoped that when the war would be closed the military power would be withdrawn from the State. Under this bill it may be established permanently upon the people by a body of men protected by the military power of the Government. An officer is appointed to the State of Indiana to regulate the contracts which are made between the white people and the colored people of that State, and because he holds this o

are to buy asylums and school-houses; they are to establish schools; they are to see to the contracts that are made between white men and colored men. I want to know of the chairman of the committee that reported this bill, in what respect these duties are military in their character

nishing medical supplies and transportation. A very large item in the expenditures estimated for is transportation. But I wish to ask of the Senator who framed this bill why we shall now provide for the transportation of freedmen and refugees. During the war, a very large number of refugees came from the Southern States into the North; but the Commissioner of the Freedmen's Bureau, in his report, says that those refugees have mainly returned, and but few remain now to be carried back from the North to the South, or who desire to be. Then why do we

ieve that is the only provision of the bill in which I concur. I concur in what was said by some Senator yesterday, that it is desirable, if we ever expect to do any thing substantially for the colored

to another, I do not admit; nor did General Sherman undertake to do that. In express terms, he said that they should have the right of possession; for what length of time he did not say, for the reason that he could not say. It was a military possession that he conferred, and that possession would last only during the continuance of the military occupation, and no longer. If General Sherman, by his General Order No. 15, placed the colored people upon the lands along the coast of South Carolina, Georgia, and Florida, for a temporary purpose, what was the extent of the possessory right which he could confer? He did not undertake to give a title for any defined period, but simply the right of possession. It is fair to construe his order as meaning only what he could do, giving the right of possession during military occupancy. Now, sir, the President informs us that the rebellion is suppressed;

roceedings of confiscation, I do not question the title here. That is purely a judicial question. But, sir, I deny that Congress can legislate the property of one man into the possessi

ple have been brought within the jurisdiction of Congress, and taken from without the control and jurisdiction of the States? I have understood heretofore that it has never been disputed that the duty to provide for the poor, the insane, the blind, and all who are dependent upon society, rests upon the States, and that the power does not belong to the General Government. What has occurred, then, in this war that has changed the relation of the people to the General Government to so great an extent that Congress may become the purchasers of homes for them? If we can go so far, I know of no limit to the powers of Congress. Here is a proposition to buy a home for each dependent freeman and refugee. The section is not quite as strong as it might have been. It would have been stronger, I think, in the present state of public sentiment, if the word '

whether that will be understood to extend to Indiana or not. That will be a very nice point for the bureau to decide, I presume, after the enactment of the law. The section limits its operation to 'any State or district in which the ordinary course of judicial proceedings has been interrupted by the rebellion.' It will be a little difficult to say whether in the State of Indiana and Ohio the ordinary course of judicial proceeding has or has not been interrupted. We had some war in Indiana; we had a very great raid through that State and some fighting; and I presume that in some cases the proceedings of the courts were interrupted and the courts were unable to go on with their business, so that it might be said that even in some of the Northern States this provision of the bill would be applicable. Suppose that it were applicable to the State of Indiana, then every man in that State, who attempted to execute the constitution and laws o

ction of the constitutional amendment, I would not undertake to guess what it means. Any man who shall deny to any colored man any civil rights secured to white persons, shall be liable to be taken before the officers of this bureau and to be punished according to the provisions of this section. In the first place, now that peace is restored, n

persons?' The agent in one State may construe it to mean one thing, and the agent in another State another thing. It is broad and comprehensive-'the deprivation of any civil right secured to white persons.' That act of deprivation is the crime that is to be punished. Take the case that I ha

ree from his master, and that master undertakes to make him a slave again, we may pass such laws as are sufficient in our judgment to prevent that act; but if the Legislature of the State denies to the citizen as he is now called, the freedman, equal privileges with the w

and orderly, and obedient to law, it is proposed to establish a government not responsible to the people, the officers of which are not selected by the people, the officers of which need not be of the people governed-a governm

e man. If I have to take sides, it will be with the men of my own color and my own race; but I do not wish to do that. Toward these people I hope that the legislation of Congress, within the constitutional powers of Congress, will be just and fair-just to them and just to the white people among whom they live; that it will promote harmony among the people, and not discord; that it will restore labor to its channels, and bring about again in those States a condition of prosperity and happiness. Do we not all desire that? If we do, is it well for us to inflame our passions and the passions of the people of the

ey, or do we wish permanent strife and division? I want this to be a Union in form, under the Constitution of the United States, and, in fact, by the harmony of the people of the North and of the South. I believe, as General Grant says, that this bureau

resented by the Senator from Indiana against this bill. Many of the positions he has assumed will be found, upon examination, to have no foundation in fact. He has argued agains

ulation, which must starve and die but for its care, the Government has never failed to provide for them. At this very session, within the last thirty days, both houses of Congress have voted half a million dollars to feed and clothe people during the present winter. Who were they? Many of them were Indians who had joined the rebellion, and had slain loyal people of the country. Yes, sir, we appropriated money to feed Indians who had been fighting against us. We did not hear the Senator's voice in opposition to that appropriation. What were the facts? It was stated by our Indian agents th

al and true to the Union; and the Senator seriously asks, What authority have we to appropriate money to take care of them? What would he do with them? Would he allow them to starve and die? Would he turn them over to the mercy of the men who, through their whole lives, have had their earnings, to be enslaved again? It is not the first time that money has been appropriated to take care of the destitute and suffering African. For years it has been the law that whenever persons of African descent were brought to our shores with the intenti

ureau; but, if it were a new question, the authority for establishing such a bureau, in my judgment, is given by the Constitution itself; and as the Senator's whole argument goes upon the idea of peace, and that all the consequences of the war have ceased, I shall be pardoned, I trust, if I refer to those provisions of the Constitution which,

be entitled to all the privileges and immunities of citizens in the several States,' and that 'the United States shall guarantee to every State in the Union a republican form of government.' Under the exercise of these powers, the Government has gone through a four years' conflict. It has succeeded in putting down armed resistance to its authority. But did the military power which was exercised to put down this armed resistance cease the moment the rebel armies were dispersed? Has the Government no authority to bring to punishment the authors of this rebellion after the confl

invested with all the powers they had at its commencement to organize and begin it anew; nay, more, they insist that, without any action of the Government, it is the right of the inhabitants of the rebellious States, on laying down their arms, to resume their former positions in the Union, with all the rights they possessed when they began the war. If such are the consequences of this struggle, it is the first co

departments of the Government understand that its military authority has ceased to operate over the rebellious States. It is but a short time since the President of the United States issued a proclamation restoring the privilege of the writ of habeas corpus in the loyal States; but did he restore it in the rebellious States? Certainly not. W

or are composed of any of the late rebellious States, and who have not already done so, will at once issue and enforce orders protecting from prosecution or suits in the State, or municipal courts of such State, all officers and soldiers of the armies of the United States, and all persons thereto attached, or in anywise thereto belonging; subject to military authority, charged with offenses for acts done in their military capacity, or pursuant to orders from proper military authority; and to protect from suit or prosecution all loyal citizens or persons charged with offenses done against the rebel forces, directly or indirectly, during the existence of the

y, had not the Lieutenant-General authority to issue the order? Have not the civil tribunals in all the region of country to which order applies been expelled by armed rebels and traitors? Has not the power of the Government been overthrown there? Is it yet re?stablished? Some steps have been taken toward re?stablishing it under the authority of the military, and in no other way. If any of the State governments recently set up in the rebellious States were to undertake to embarrass military operations, I have no doubt they would at once be set aside by order of the Lieuten

this bill as if it was applicable to that State. Some of its provisions are, but most of them are not, unless the State of Indiana has been in rebellion against the Government; and I know too many of the brave men who have gone from that State to maintain the integrity of the Union and put down the rebellion to cast any such imputation upon

ent to be exercised in any State in which the ordinary course of judicial proceedings has not been interrupted by the rebellion, nor in any such State after said State shall have been fully resto

isturbed, they are not now. Will the Senator admit that the State of Indiana does not have and exercise all its constitutional rights as one of the States of this Uni

icitly that the jurisdiction that is conferred shall be exercised only in States which do not possess full constitutional rights as parts of the Union. Indiana has at all times had all the constitutional rights pertaining to any State, has them now

es of War, if they chance to be in Indiana and violate her laws, they are held amenable the same as any other person. The officer or soldier in the State of Indiana who commits a murder or other offense upon a citizen of Indiana, is liable to be indicted, tried, and punished, just as if he were a civilian. When the sheriff goes with the process to arrest the soldier or officer who has committed the offense, the military authorities surrender him up to be tried and punished according to the laws of the State. It has always been done, unless in time of war when the courts were interrupted. The jurisdiction and

ded to all the States, and he wants to know the reason. I will tell him. When the original bill was passed, slavery existed in Tennessee

e proud and noble character of being the first to enter the Federal Union under a Constitution formed by equals. She has been the very last to obey a mandate, le

ng. His State may have been the last to become free, but I presume that the State of Delaware, old as she is, being the first to adopt the Constitution, and noble

r,] the loyal State of Delaware, I am happy to say, which did not engage in this wicked rebellion; and it is necessary to protect the freedm

mbers at Cairo, Illinois, or at Evansville, Indiana, and become a charge upon the people of those States, the Freedmen's Bureau would have a right to extend its jurisdiction over them, provide for their wants, secure for them employment, an

are military officers, and by the provisions of the pending bill they are to receive no additional compensation when performing duties in the Freedmen's Bureau. The bill declares that the 'bureau may, in the disc

hat would be that peace has not yet come; the effects of war are not yet ended; the people of the States of South Carolina, Georgia, and Florida, where these lands are situated, are yet subject to military control. But I deny that if peace had come the authority of the Government to protect these people in their possessions would cease the moment it was declared. What are the facts? The owners of these plantations had abandoned them and entered the rebel army. They were contending against the army which General Sherman then commanded. Numerous colored people had flocked around General Sherman's army. It was necessary that he should supply them to save them from starvation. His commissariat was short. Here was this abandoned country, owned by men arr

n a reasonable protection to allow them to remain for three years, they having been put upon these lands destitute, without any implements of husbandry, without cattle, horses, or any thing else with which to cultivate the land, and having, up to the present time, been able to raise very little at the expense of great labor. Pe

e school-houses for these refugees. Have we not been providing school-houses for years? Is there a session of Congress when acts are not passed giving away public lands for the benefit of schools? But that does not come out of the Treasury, the Senator from Indiana will probably answer. But how did you get the land to give away? Did you not buy it of the Indians? Are you not appropriating, every session of Congress, money by the million to extinguish the Indian title-money collected off his constituents and mine by taxation? We buy

reedmen'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

y 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 sam

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

cussion-about the political rights of the negro. On that subject it is known that there are differences of opinion, but I trust there are no differences of opinion among the friends of the constitutional amendment, among those who are for real freedom to the black man, as to his being entitled to equality in civil rights. If that is not going as far as some ge

points of agreement between all the departments of Government, rather than to hunt for points of divergence. I have not said any thing in my remarks about reconstruction. I have not attempted to discuss the question whether these States are in the Union or out of the Union, and so much has been said upon that subject that I am almost ready to exclaim with one of old, 'I know not whether they are in the body or out of the body; God knoweth

and the authority of the Freedmen's Bureau as a court shall cease and determine, as it must when civil authority is fully restored, let us provide, then, by other laws, for protecting all people in their equal civil rights before the law. If we can pass such measures, they receive executive sanction, and it shall be understood that it is the policy of the Government that the rights of the colored men are to be protected by the Sta

men'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 car

inst the Government; they say they are willing to submit to its authority; they say in their State conventions that slavery shall no more exist among them. With the abolition of slavery should go all the badges of servitude which have been enacted for its maintenance and support. Let them all be abolished. Let the people of the rebellious States now be as zealous and as active in the passage of laws and the inauguration of meas

n 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

elaware, where the slaves have been emancipated by the constitutional amendment. The operation of the bureau will undoubtedly be chiefly confined to the States where slavery existed; but

of Illinois, unless it might, perhaps, be at Cairo, where there has been a large number of these r

operation in any State which was not in insurrection against this Government. I make this explanation to the Senator from Pennsylvania, and I thin

nd 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 popula

on: Hon. He

nations 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

also said: "Let the friends of the negro, and I am one, be satisfied to treat him as he is treated in Pennsylvania;

belittle a weak and struggling race. He comes here to-day and thanks God that they are free, when his vote and his voice for five years, with hardly an exception, have been against making them free. He thanks God, sir, that your work and mine, our work which has saved a country and emancipated a race, is secured; while from the word 'go,' to this time, he has made himself the champion of 'how not to do it.' If there be a man on the floor of the American Senate who has tor

sed, by a vote of thirty-three against eleven

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 d

ints of the long gentleman's speech except the sound

tleman's long speech,"

as a great mistake to speak of any thing connected

to reach you," re

n on the passage of the bill

ny, Brown, Chandle

xon, Doolittle, Fess

derson, Howard, How

ansas, Morgan, Mor

msey, Sherman, Spra

e, Wade, Williams,

ew, Davis, Guthrie,

Saulsbury, Stockt

Cowan, Nesmit

e, which it was proposed to leave as reported by the commit

ild houses upon them for the freed negroes; to promote strife and conflict between the white and black races; and to invest the Freedmen's Bureau with unconstitutional powers to aid and assist the blacks, and to introduce milita

t in order, inconsistent with the character of the bil

roposed amendment "an insult

, and passed over without further notice by the Senate. By unan