History of the Thirty-Ninth Congress of the United States

mbull 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.

the amendments of the

sented to the Senate

on the J

ll, 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'

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

sident was authorized to divide the region of country containing such refugees and freedmen, and it had no operation except in States where there were

to consider the amendments proposed by the Judiciary Committee, the first of which was to strike out the wor

hould 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

l will attach the people in these eleven States more thoroughly to the Union than they felt when they re?rganized 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 ch

s 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

ry 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 w

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

ellion 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 ye

t 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 mo

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

es 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, mad

te man, say for the white men and white women that they will take care of themselves.

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

ites 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

mended in the House, and re?mended in the

oncurred in by the House without debate, and the Freedmen

ll, the President sent to the Senate a mess

y suspended other bus

s read by the Sec

te of the Un

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

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 vi

and their entire independence and equality in making contracts for their labor; but the bill before me contains provis

n'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 Bur

es 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 ag

ions 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

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

merican 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 wh

tions, we examine the bill in detai

ough 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 a

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 a

nder 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

erty, 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

is designed to bring relief; it will tend to keep the mind of the freedman in a state of uncertain expectatio

g 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

r 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

ancipated 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 w

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 ad

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

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

atter 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

estored, 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

ure involving questions and interests so important to the country will not become a law unless, upon d

EW JO

on: Hon. S.

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 accordi

long speech in opposition to the bill and in favor of the Veto Message. He expressed his aversion to the bill, and the obje

sage. The President said, "The bill, should it become a law will have no limitation

ll 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

a Bureau for the Relief of Freedmen and Refugees, which was approved in the month of March last, has n

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 evil

authority of Congress, military jurisdiction over all pa

urisdiction over all parts of the United States containing refugees and freedmen? The bill contains

end military jurisdiction and protection over all employés, agents, and officers of this bureau in t

w 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

ricts, and the number of salaried agents to be employed may be equal to the number o

mperative 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

tates finds it necessary to do so for the protection of these people; and if the law should be abused in that respect, it would b

President, "also extends to all questio

y 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 no

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 militar

ds, 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

r this bill are to take place without the intervention o

uthority 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

jurisdiction of this kind with the words

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

he 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

fore, seems to be as inconsistent with the actual condition of the co

e 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 contin

ct of 1865, as one of many great and extraordinary military measures to suppress a formidable

t branch of the public administration; and I am quite sure that the powers of the bureau are not, by the amendatory bill, greatly en

rizes a general and unlimited grant of support to the destitute

ident says contains such an unlimited grant of support to the destitute 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," "su

ed 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 ca

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

ut, 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

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 bil

s 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

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

ols. 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 g

The appropriations as

hed, for the year 1866,

mated that the cost t

ll require doub

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

on, practically transfer the entire care, support, and control of four million emancipated slaves to agents, overseers, or taskmasters,

ion 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

g the Commissary Department, the bureau issues to persons without the

re not a hundred thousand free

he greatest number by the bureau was 49,932, in Se

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

te people. Let us see what provisions have been made for the white people. Major-General Fisk, Commissioner of th

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 we

nt, "the fifth section of this bill proposes to take away land f

ave been inadvertent) have found a place in this Veto Message. The fifth section of the bill d

man's special field order, dated at Savannah, January

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 w

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

lar 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

ode; and if, therefore, he does not find in one community or State a mode of life suited to his desires, or pr

ing 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 su

nd 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 la

r 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

re 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

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 a

esentative 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 w

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

Shall the bill pass, the objections of the President of the U

ny, Brown, Chandle

Fessenden, Foste

Howe, Kirkwood, Lan

ye, Poland, Pomero

rumbull, Wade, Wil

es-

lew, Cowan, Davis,

, Johnson, McDouga

lsbury, Stewart, St

Will

rs. Foot an

yeas are thirty and the nays are eighteen. Two-thirds of the m