CHAPTER XII.

THE SECOND FREEDMEN'S BUREAU BILL BECOMES A LAW.

THE DISCOVERY OF THE MAJORITY-THE SENATE BILL-THE HOUSE BILLITS PROVISIONS-PASSAGE OF THE BILL-AMENDMENT AND PASSAGE IN THE SENATE COMMITTEE OF CONFERENCE-THE AMENDMENTS AS ACCEPTED— THE BILL AS PASSED-THE VETO-THE PROPOSITION OF A DEMOCRAT ACCEPTED CONFUSION IN LEADERSHIP-PASSAGE OF THE BILL OVER THE VETO-IT BECOMES A LAW.

CON

ONGRESS having succeeded in placing the Civil Rights Bill in the statute-book in spite of Executive opposition, was not disposed to allow other legislation which was regarded as important to go by default. The disposition of the President, now plainly apparent, to oppose all legislation which the party that had elevated him to office might consider appropriate to the condition of the rebel States, the majority in Congress discovered that, if they would make progress in the work before them, they must be content to do without Executive approval. The defection of the President from the principles of the party which had elected him, so far from dividing and destroying that party, had rather given it consolidation and strength. After the veto of the Civil Rights Bill, a very few members of the Senate and House of Representatives who had been elected as Republicans adhered to the President, but the most of those who had wavered stepped forward into the ranks of the "Radicals," as they were called, and a firm and invincible "two-thirds" moved forward to consummate legislation which they deemed essential to the interests of the nation.

So fully convinced were the majority that some effective legislation for the freedmen should be consummated, that two days after the final vote in which the former bill failed to pass over the veto, Senator Wilson introduced a bill "to continue in force the Bu

reau for the relief of Freedmen and Refugees," which was read twice and referred to the Committee on Military Affairs.

The bill, however, which subsequently became a law, originated in the House of Representatives. In that branch of Congress was a Special Committee on the Freedmen, who were able to give more immediate and continuous attention to that class of people than could committees such as those of the Judiciary and Military Affairs, having many other subjects to consider.

The Committee on the Freedmen, having given much time and attention to the perfection of a measure to meet the necessities of the case, on the 22d of May reported through their chairman, Mr. Eliot, "A bill to continue in force and amend an act entitled 'an act to establish a Bureau for the relief of Freedmen and Refugees, and for other purposes.""

This bill provided for keeping in force the Freedmen's Bureau then in existence for two years longer. Some of the features to which the President had objected in his veto of the former bill had been modified and in part removed. In providing for the education of freedmen, the commissioner was restricted to cooperating so far with the charitable people of the country as to furnish rooms for school-houses and protection to teachers. The freedmen's courts were to be kept in existence till State legislation should conform itself to the Civil Rights Bill, and the disturbed relations of the States to the Union were restored. The President was required to reserve from sale public lands, not exceeding in all one million of acres, in Arkansas, Mississippi, Florida, Alabama, and Louisiana, to be assigned in parcels of forty acres and less to loyal refugees and freedmen.

One week after the introduction of the bill, its consideration was resumed. The question was taken without debate, and the bill passed by a vote of ninety-six in favor and thirty-two against the measure. Fifty-five members failed to vote.

On the day following, May 30th, the clerk of the House conveyed the bill to the Senate. It was there referred to the Committee on Military Affairs, as that committee already had before them seven bills relating to the same subject. Nearly a fortnight subsequently, the committee reported back to the Senate the House bill with certain amendments. The report of the committee, and the amendments proposed therein, could not be considered in the Senate until the lapse of another fortnight. On

devised by the committee Mr. Davis made a number the table or deferred to a

the 26th of June, the amendments were read in the Senate and adopted. of attempts to have the bill laid on subsequent day, but without success. Mr. Hendricks and Mr. Buckalew made ineffectual attempts to amend the bill by proposing to strike out important sections.

The Senate indulged in but little discussion of the bill or the amendments. The bill as amended finally passed the Senate by a vote of twenty-six for and six against the measure. The bill then went to the House for the concurrence of that body in the amendments passed by the Senate.

The Committee on the Freedmen made a report, which was adopted by the House, to non-concur in the amendments of the Senate. A Committee of Conference was appointed on the part of the Senate and the House. They, after consultation, made a report by which the Senate amendments, with some modifications, were adopted.

Mr. Eliot, Chairman of the Committee on the Freedmen, and of the Committee of Conference on the part of the House, at the request of a member, thus explained the amendments proposed by the Senate: "The first amendment which the Senate made to the bill, as it was passed by the House, was simply an enlargement of one of the sections of the House bill, which provided that the volunteer medical officers engaged in the medical department of the bureau might be continued, inasmuch as it was expected that the medical force of the regular army would be speedily reduced to the minimum, and in that case all the regular officers would be wanted in the service. It was therefore thought right that there should be some force connected with the Bureau of Refugees and Freedmen. The Senate enlarged the provisions of the House bill by providing that officers of the volunteer service now on duty might be continued as assistant commissioners and other officers, and that the Secretary of War might fill vacancies until other officers could be detailed from the regular army. That is the substance of the first material amendment.

"The next amendment strikes out a portion of one of the sections of the House bill, which related to the officers who serve as medical officers of the bureau, because it was provided for in the amendment to which I have just referred.

"The next amendment strikes out from the House bill the

section which set apart, reserved from sale, a million acres of land in the Gulf States. It may perhaps be recollected that when the bill was reported from the committee, I stated that, in case the bill which the House had then passed, and which was known as the Homestead Bill, and which was then before the Senate, should become a law, this section of the bill would not be wanted. The bill referred to has become a law, and this section five, providing for that reservation, has, therefore, been stricken from the bill.

"The next amendment made by the Senate was to strike out a section of the House bill which simply provided that upon application for restoration by the former owners of the land assigned under General Sherman's field order, the application should not be complied with. That section is stricken out and another substituted for it, which provides that certain lands which are now owned by the United States, having been purchased by the United States under tax commissioners' sales, shall be assigned in lots of twenty acres to freedmen who have had allotments under General Sherman's field order, at the price for which the lands were purchased by the United States; and not only that those freedmen should have such allotments, but that other freedmen who had had lots assigned to them under General Sherman's field order, and who may have become dispossessed of their land, should have assignments made to them of these lands belonging to the United States. I think the justice of that provision will strike every one. And it will be perhaps a merit in the eyes of many that it does not call upon the Treasury for the expenditure of any money. In the bill which was passed by the House, it will be recollected that there was a provision under which there should be purchased by the commissioner of the bureau enough public lands to be substituted for the lands at first assigned to freedmen. Instead of that, provision is made by which they can have property belonging to the United States which has come into its possession under tax sales, and where the titles have been made perfect by lapse of time.

"The next amendment of the Senate provides that certain lands which were purchased by the United States at tax sales, and which are now held by the United States, should be sold at prices not less than ten dollars an acre, and that the proceeds should be invested for the support of schools, without distinction of color or race, on the islands in the parishes of St. Helena and St. Luke. That is all the provision which was made for education.

"The only other material amendment made by the Senate gives to the commissioner of the bureau power to take property of the late Confederate States, held by them or in trust for them, and which is now in charge of the commissioner of the bureau, to take that property and devote it to educational purposes. The amendment further provides that when the bureau shall cease to exist, such of the late so-called Confederate States as shall have made provision for education, without regard to color, should have the balance of money remaining on hand, to be divided among them in proportion to their population."

The vote followed soon after the remarks of Mr. Eliot, and the bill, as amended, passed the House of Representatives.

The following is the bill as it went to the President for his approval:

"AN ACT to continue in force and to amend 'An Act to establish a Bureau for the relief of Freedmen and Refugees,' and for other purposes.

“Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act to establish a bureau for the relief of freedmen and refugees, approved March third, eighteen hundred and sixty-five, shall continue in force for the term of two years from and after the passage of this act.

"SEC. 2. And be it further enacted, That the supervision and care of said bureau shall extend to all loyal refugees and freedmen, so far as the same shall be necessary, to enable them, as speedily as practicable, to become self-supporting citizens of the United States, and to aid them in making the freedom conferred by proclamation of the commander-in-chief, by emancipation under the laws of States, and by constitutional amendment, available to them and beneficial to the republic.

"SEC. 3. And be it further enacted, That the President shall, by and with the advice and consent of the Senate, appoint two assistant commissioners, in addition to those authorized by the act to which this is an amendment, who shall give like bonds and receive the same annual salaries provided in said act; and each of the assistant commissioners of the bureau shall have charge of one district containing such refugees or freedmen, to be assigned him by the commissioner, with the approval of the President. And the commissioner shall, under the direction of the President, and so far as the same shall be, in his judgment, necessary for the efficient and economical administration of the affairs of the bureau, appoint such agents, clerks, and assistants as may be required for the proper conduct of the bureau. Military officers or enlisted men may be detailed for service and assigned to duty under this act; and the President may, if, in his judgment, safe and judicious so to do, detail from the army all the officers and agents of this bureau; but no officer so assigned shall have increase of pay or allowances. Each agent or clerk, not heretofore authorized by law, not being a military