History of the Thirty-Ninth Congress of the United States. William Horatio Barnes
"Then, as I have said, it is a question of manner. When this question comes to be legislated upon by Congress, I do not wish it to be left to the uncertain and ambiguous language of this bill. I think that the rights which we desire to secure to the freedmen of the South should be distinctly specified.
"The language of this bill is not sufficiently definite and distinct to inform the people of the United States of precisely the character of rights intended to be secured by it to the freedmen of the Southern States. The bill in its terms applies only to those States which were declared to be in insurrection; and the same criticism would apply to this part of it that I have already made, that it is not general in its terms."
Mr. Trumbull made some remarks of great significance, as foreshadowing important measures soon to occupy the attention of Congress and the country:
"I hold that under that second section Congress will have the authority, when the constitutional amendment is adopted, not only to pass the bill of the Senator from Massachusetts, but a bill that will be much more efficient to protect the freedman in his rights. We may, if deemed advisable, continue the Freedman's Bureau, clothe it with additional powers, and, if necessary, back it up with a military force, to see that the rights of the men made free by the first clause of the constitutional amendment are protected. And, sir, when the constitutional amendment shall have been adopted, if the information from the South be that the men whose liberties are secured by it are deprived of the privilege to go and come when they please, to buy and sell when they please, to make contracts and enforce contracts, I give notice that, if no one else does, I shall introduce a bill, and urge its passage through Congress, that will secure to those men every one of these rights; they would not be freemen without them. It is idle to say that a man is free who can not go and come at pleasure, who can not buy and sell, who can not enforce his rights. These are rights which the first clause of the constitutional amendment meant to secure to all."
On a subsequent day, December 20, 1865, when this subject was again before the Senate, Mr. Sumner spoke in its favor. Referring to the message of the President on the "Condition of the Southern States," the Senator said:
"When I think of what occurred yesterday in this chamber; when I call to mind the attempt to whitewash the unhappy condition of the rebel States, and to throw the mantle of official oblivion over sickening and heart-rending outrages, where human rights are sacrificed and rebel barbarism receives a new letter of license, I feel that I ought to speak of nothing else. I stood here years ago, in the days of Kansas, when a small community was surrendered to the machinations of slave-masters. I now stand here again, when, alas! an immense region, with millions of people, has been surrendered to the machinations of slave-masters. Sir, it is the duty of Congress to arrest this fatal fury. Congress must dare to be brave; it must dare to be just."
After having quoted copiously from the great Russian act by which the freedom given to the serfs by the Emperor's proclamation "was secured," and having emphasized them as examples for American legislation, Mr. Sumner said:
"My colleague is clearly right in introducing his bill and pressing it to a vote. The argument for it is irresistible. It is essential to complete emancipation. Without it emancipation will be only half done. It is our duty to see that it is wholly done. Slavery must be abolished not in form only, but in substance, so that there shall be no black code; but all shall be equal before the law."
He then read extracts from letters and documents, showing the hostile sentiments of the people, and the unhappy condition of the colored population in nearly all of the rebel States, and closed by saying: "I bring this plain story to a close. I regret that I have been constrained to present it. I wish it were otherwise. But I should have failed in duty had I failed to speak. Not in anger, not in vengeance, not in harshness have I spoken; but solemnly, carefully, and for the sake of my country and humanity, that peace and reconciliation may again prevail. I have spoken especially for the loyal citizens who are now trodden down by rebel power. You have before you the actual condition of the rebel States. You have heard the terrible testimony. The blood curdles at the thought of such enormities, and especially at the thought that the poor freedmen, to whom we owe protection, are left to the unrestrained will of such a people smarting with defeat, and ready to wreak vengeance upon these representatives of a true loyalty. In the name of God let us protect them. Insist upon guarantees. Pass the bill now under consideration; pass any bill; but do not let this crying injustice rage any longer. An avenging God can not sleep while such things find countenance. If you are not ready to be the Moses of an oppressed people, do not become its Pharaoh."
Mr. Cowan rebuked the Senator from Massachusetts for applying the term "whitewash" to the message of the President. He then charged Mr. Sumner with reading from "anonymous letter-writers, from cotton agents, and people of that kind," and placed against them "the testimony of the President of the United States, not a summer soldier, or a sunshine patriot, who was a Union man, and who was in favor of the Union at a time and in a place when there was some merit in it." He then proceeded to read extracts from the President's message and General Grant's report.
On a subsequent day, Mr. Stewart, of Nevada, made a speech in opposition to the positions assumed by Mr. Sumner. He declared his opinion that "if the great mass of the people of the South are capable of the atrocities attributed to them by the anonymous witnesses paraded before this Senate, then a union of these States is impossible; then hundreds and thousands of the bravest and best of our land have fallen to no purpose; then every house, from the gulf to the lakes, is draped in mourning without an object; then three thousand millions of indebtedness hangs like a pall upon the pride and prosperity of the people, only to admonish us that the war was wicked, useless, and cruel."
After making the remark, "In judging of testimony upon ordinary subjects, we take into consideration not only the facts stated, but the character and standing of the witness, his means of information, and last, but not least, his appearance upon the stand," Mr. Stewart thus spoke in behalf of the principal witness relied upon in the defense of the South: "In this great cause, the Senate properly called upon the chief Executive of the nation for information. Was he a witness whose character and standing before the country would entitle his testimony to consideration? Let the voice of a great people, who have indorsed his patriotism and administration, answer. Were his means of information such as to entitle him to speak advisedly upon this subject? Let the machinery of the Government, that collects facts from every department, civil and military, upon the table of the Executive, answer. Was not his appearance before the public, in communicating this testimony to the Senate and the country such as to remove all grounds of suspicion? Let the exalted tone, bold and fearless statement, pure and patriotic spirit of both his messages be his best vindication."
The Senator's remarks were principally directed in opposition to the policy of regarding the rebel States as "conquered territories." He finally remarked: "I wish to be distinctly understood as not opposing the passage of the bill. I am in favor of legislation on this subject, and such legislation as shall secure the freedom of those who were formerly slaves, and their equality before the law; and I maintain that it can be fully secured without holding the Southern States in territorial subjugation."
Mr. Wilson replied: "The Senator who has just addressed us questions the testimony adduced here by my colleague yesterday. He might as well question the massacre at Fort Pillow, and the cruelties perpetrated at Andersonville, where eighty-three per cent, of the men who entered the hospitals died—Andersonville, where more American soldiers lie buried than fell throughout the Mexican war; where more American soldiers lie buried than were killed in battle of British soldiers in Wellington's four great battles in Spain, and at Waterloo, Alma, Inkermann, and Sebastopol. The Senator might as well question the atrocities of sacked Lawrence and other atrocities committed during the war. If he will go into the Freedman's Bureau, and examine and study the official records of officers who, for five or six months, have taken testimony and have large volumes of sworn facts; if he will go into the office of General Holt, and read the reports there, his heart and soul will be made sick at the wrongs man does to his fellow-man."
The Senator, in the course of his remarks, took occasion to express his opinion of "conservatism:" "Progress is to be made only by fidelity to the great cause by which we have stood during the past four years of bloody war. For twenty-five