History of the Thirty-Ninth Congress of the United States. William Horatio Barnes
of ideas, of words, of thoughts—words and thoughts stronger than cannon-balls. We have had four years of bloody conflict. Slavery, every thing that belongs or pertains to it, lies prostrate before us to-day, and the foot of a regenerated nation is upon it. There let it lie forever. I hope no words or thoughts of a reactionary character are to be uttered in either house of Congress. I hope nothing is to be uttered here in the name of 'conservatism,' the worst word in the English language. If there is a word in the English language that means treachery, servility, and cowardice, it is that word 'conservative.' It ought never hereafter to be on the lips of an American statesman. For twenty years it has stood in America the synonym of meanness and baseness. I have studied somewhat carefully the political history of the country during the last fifteen or twenty years, and I have always noticed that when I heard a man prate about being a conservative and about conservatism, he was about to do some mean thing. [Laughter.] I never knew it to fail; in fact, it is about the first word a man utters when he begins to retreat."
Mr. Wilson declared his motives in proposing this bill, and yet cheerfully acquiesced in its probable fate: "Having read hundreds of pages of records and of testimony, enough to make the heart and soul sick, I proposed this bill as a measure of humanity. I desired, before we entered on the great questions of public policy, that we should pass a simple bill annulling these cruel laws; that we should do it early, and then proceed calmly with our legislation. That was my motive for bringing this bill into the Senate so early in the session. Many of the difficulties occurring in the rebel States, between white men and black men, between the old masters and the freedmen, grow out of these laws. They are executed in various parts of the States; the military arrest their execution frequently, and the agents of the Freedmen's Bureau set them aside; and this keeps up a continual conflict. If these obnoxious State laws were promptly annulled, it would contribute much to the restoration of good feeling and harmony, relieve public officers from immense labors, and the freedmen from suffering and sorrow; and this is the opinion of the most experienced men engaged in the Freedmen's Bureau. I have had an opportunity to consult with and to communicate with many of the agents of the Bureau, with teachers, officers, and persons who understand the state of affairs in those States.
"But, sir, it is apparent now that the bill is not to pass at present; that it must go over for the holidays at any rate. The constitutional amendment has been adopted, and I have introduced a bill this morning based upon that amendment, which has been referred to the committee of which the Senator from Illinois [Mr. Trumbull] is chairman. This bill will go over; possibly it will not be acted upon at all. We shall probably enter on the discussion of the broader question of annulling all the black laws in the country, and putting these people under the protection of humane, equal, and just laws."
The presentiment of the author of the bill was realized. The bill never saw the light as a law of the land. Nor was it needful that it should. It contributed to swell the volume of other and more sweeping measures.
CHAPTER VI.
THE FREEDMEN'S BUREAU BILL IN THE SENATE.
The bill introduced and referred to Judiciary Committee—Its provisions—Argument of Mr. Hendricks against it—Reply of Mr. Trumbull—Mr. Cowan's amendment—Mr. Guthrie wishes to relieve Kentucky from the operation of the bill—Mr. Creswell desires that Maryland may enjoy the benefits of the bill—Mr. Cowan's gratitude to God and friendship for the negro—Remarks by Mr. Wilson—"The short gentleman's long speech"—Yeas and nays—Insulting title.
On the 19th of December Mr. Trumbull gave notice that "on some early day" he would "introduce a bill to enlarge the powers of the Freedmen's Bureau so as to secure freedom to all persons within the United States, and protect every individual in the full enjoyment of the rights of person and property, and furnish him with means for their vindication." Of the introduction of this measure, he said it would be done "in view of the adoption of the constitutional amendment 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 freedom, lest by local legislation or a prevailing public sentiment in some of the States, persons of the African race should continue to be oppressed, and, in fact, deprived of their freedom; and for the purpose, also, of showing to those among whom slavery has heretofore existed, that unless by local legislation they provide for the real freedom of their former slaves, the Federal Government will, by virtue of its own authority, see that they are fully protected."
On the 5th of January, 1866, the first day of the session of Congress after the holidays, Mr. Trumbull obtained leave to introduce a bill "to enlarge the powers 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 officers and agents of the Freedmen's Bureau, under certain circumstances, in the late insurgent States, it was referred to the Committee on the Judiciary.
On the 11th of January Mr. Trumbull reported the bill from the Judiciary Committee, to whom it had been referred, with some amendments of a verbal character. On the following day these amendments were considered by the Senate, in Committee of the Whole, and adopted. The consideration of the bill as amended was deferred to a subsequent day.
The bill provided that "the act to establish a Bureau for the relief of Freedmen and Refugees, approved March 3, 1865, shall continue until otherwise provided for by law, and shall extend to refugees and freedmen in all parts of the United States. The President is to be authorized to divide the section of country 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 duties prescribed by this act and the act to which it is an amendment. The bureau may, in the discretion of the President, be placed under a commissioner and assistant commissioners, to be detailed from the army, in which event each officer so assigned to duty is to serve without increase of pay or allowances.
"The commissioner, with the approval of the President, is to divide each district into a number of sub-districts, not to exceed the number of counties or parishes in each State, and to assign to each sub-district at least one agent, either a citizen, officer of the army, or enlisted man, who, if an officer, is to serve without additional compensation or allowance, and if a citizen or enlisted man, is to receive 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 officers of the bureau, and the Secretary of War may direct such issues of provisions, clothing, fuel, and other supplies, including medical stores and transportation, and afford such aid, medical or otherwise, as he may deem needful for the immediate 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.
"It is also provided that the President may, for settlement in the manner prescribed by section four of the act to which this is an amendment, reserve from sale or settlement, under the homestead or preemption laws, public lands in Florida, Mississippi, and Arkansas, not to exceed three million acres of good land in all, the rental named in that section to 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 land in the several districts as may be necessary to provide for the indigent refugees and freedmen dependent upon the Government for