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Freedmen's Bureau, established by the act of 1865, | population. Any legislation that shall imp as one of many great and extraordinary military that they are not expected to attain a selfmeasures to suppress a formidable rebellion, a taining condition must have a tendency inj permanent branch of the public administration, ous alike to their character and their prospec with its powers greatly enlarged. I have no reason to suppose, and I do not understand it to be alleged, that the act of March, 1865, has proved deficient for the purpose for which it was passed, although 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 any time had an existence. I am not, therefore, able to discern in the condition of the country anything to justify an apprehension that the powers and agencies of the Freedmen's Bureau, which were effective for the protection of freedmen and refugees during the actual continuance of hostilities and of African servitude, will now, in a time of peace, and after the abolition of slavery, prove inadequate to the same proper ends. If I am correct in these views there can be no necessity for the enlargement of the powers of the bureau for which provision is made in the bill.

The third section of the bill authorizes a general and unlimited grant of support to the destitute and suffering refugees and freedmen, their wives and children. Succeeding sections make provision for the rent or purchase of landed estates for freedmen, and for the erection for their benefit of suitable buildings for asylums and schools-the expenses to be defrayed from the treasury of the whole people. The Congress of the United States has never heretofore thought itself empowered to establish asylums beyond the limits of the District of Columbia, except for the benefit of our disabled soldiers and sailors. It has never founded schools for any class of our own people; not even for the orphans of those who have fallen in the defence 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 any good reason be advanced why, as a permanent establishment, it should be founded for one class or color of our people more than another. Pending the war many refugees and freedmen received support from the Government, but it was never intended that they should thenceforth be fed, clothed, educated, and sheltered by the United States. The idea on which the slaves were assisted to freedom was, that on becoming free they would be a self-sustaining

The appointment of an agent for every court and parish will create an immense patrones and the expense of the numerous officers a their clerks, to be appointed by the Preside will be great in the beginning, with a tender steadily to increase. The appropriations ask by the Freedmen's Bureau, as now establish for the year 1866, amount to $11,745,000. may be safely estimated that the cost to be curred under the pending bill will require doct that amount-more than the entire sum experie in any one year under the administration of th second Adams. If the presence of agents every parish and county is to be considered w war measure, opposition, or even resistan might be provoked; so that, to give effect their jurisdiction, troops would have to be sta tioned within reach of every one of them, an thus a large standing force be rendered neces sary. Large appropriations would, therefor be required to sustain and enforce military risdiction in every county or parish from the Potomac to the Rio Grande. The condition our fiscal affairs is encouraging; but, in order sustain the present measure of public confidenc it is necessary that we practice, not merely c tomary economy, but, as far as possible, seven retrenchment.

In addition to the objections already state the fifth section of the bill proposes to ta away land from its former owners without a legal proceedings being first had, contrary t that provision of the Constitution which declares that no person shall "be deprived of life, liberty or property without due process of law."! does not appear that a part of the lands which this section refers may not be owned b minors, or persons of unsound mind, or by thos who have been faithful to all their obligation as citizens of the United States. If any por tion of the land is held by such persons, it is not competent for any authority to deprive them it. If, on the other hand, it be found that the property is liable to confiscation, even then cannot be appropriated to public purposes until by due process of law, it shall have been de clared forfeited to the Government.

There is still further objection to the bill on grounds seriously affecting the class of persons to whom it is designed to bring relief. It will tend to keep the mind of the freedman in a state of uncertain expectation and restlessness, while to those among whom he lives it will be a source of constant and vague apprehension.

Undoubtedly the freedman should be protected, but he should be protected by the civil authorities, especially by the exercise of all the constitutional powers of the courts of the United States and of the States. His condition is not so exposed as may at first be imagined. He is in a portion of the country where his labor cannot well be spared Competition for his services from planters, from those who are constructing or repairing railroads, and from capitalists in his vicinage, of from other States, will enable him to command almost his own terms. He also possesses a per

ect right to change his place of abode; and if, | of the people of that portion of the country is herefore, he does not find in one community or an additional reason why they need, and should State a mode of life suited to his desires, or have, Representatives of their own in Congress, roper remuneration for his labor, he can move to explain their condition, reply to accusations, o another, where that labor is more esteemed and assist, by their local knowledge, in the perind better rewarded. In truth, however, each fecting of measures immediately affecting themState, induced. by its own wants and interests, selves. While the liberty of deliberation would will do what is necessary and proper to retain then be free, and Congress would have full vithin its borders all the labor that is needed power to decide according to its judgment, or the development of its resources. The laws there could be no objection urged that the States hat regulate supply and demand will maintain most interested had not been permitted to be heir force, and the wages of the laborer will heard. The principle is firmly fixed in the be regulated thereby. There is no danger that minds of the American people, that there should the exceedingly great demand for labor will be no taxation without representation. Great not operate in favor of the laborer. burdens have now to be borne by all the counNeither is sufficient consideration given to the try, and we may best demand that they shall be ability of the freedmen to protect and take care borne without murmur when they are voted by of themselves. It is no more than justice to them a majority of the representatives of all the peoo believe that as they have received their free-ple. I would not interfere with the unquesdom with moderation and forbearance, so they tionable right of Congress to judge, each house will distinguish themselves by their industry and for itself, "of the elections, returns, and qualifithrift, and soon show the world that in a condi- cations of its own members." But that authortion of freedom they are self-sustaining, capable ity cannot be construed as including the right of selecting their own employment and their own to shut out, in time of peace, any State from the places of abode, of insisting for themselves on a representation to which it is entitled by the proper remuneration, and of establishing and Constitution. At present all the people of eleven maintaining their own asylums and schools. It States are excluded-those who were most faithis earnestly hoped that, instead of wasting away, ful during the war not less than others. The they will, by their own efforts, establish for them- State of Tennessee, for instance, whose authoriselves a condition of respectability and prosperity. ties engaged in rebellion, was restored to all her It is certain that they can attain to that condition constitutional relations to the Union by the paonly through their own merits and exertions. triotism and energy of her injured and betrayed people. Before the war was brought to a termination they had placed themselves in relations with the General Government, had established a State government of their own, and, as they were not included in the emancipation proclamation, they, by their own act, had amended their constitution so as to abolish slavery within the limits of their State. I know no reason why the State of Tennessee, for example, should not fully enjoy "all her constitutional relations to the United States."

In this connexion the query presents itself whether the system proposed by the bill will not, when put into complete operation, practically transfer the entire care, support, and control of four millions of emancipated slaves to agents, overseers, or task-masters, who, appointed at Washington, are to be located in every county and parish throughout the United States containing freedmen and refugees? Such a system would inevitably tend to a concentration of power in the Executive, which would enable him, if so disposed, to control the action of this numerous class, and use them for the attainment of his own political ends.

The President of the United States stands towards the country in a somewhat different attitude from that of any member of Congress. I cannot but add another very grave objection Each member of Congress is chosen from a sinto this bill. The Constitution imperatively de- gle district or State; the President is chosen by clares, in connection with taxation, that each the people of all the States. As eleven States State SHALL have at least one Representative, are not at this time represented in either branch and fixes the rule for the number to which, in of Congress, it would seem to be his duty, on future times, each State shall be entitled. It all proper occasions, to present their just claims also provides that the Senate of the United to Congress. There always will be differences States SHALL be composed of two Senators from of opinion in the community, and individuals each State; and adds, with peculiar force, "that may be guilty of transgressions of the law, but no State, without its consent, shall be deprived these do not constitute valid objections against of its equal suffrage in the Senate." The origi- the right of a State to representation. I would nal act was necessarily passed in the absence of in nowise interfere with the discretion of Conthe States chiefly to be affected, because their gress with regard to the qualifications of mempeople were then contumaciously engaged in the bers; but I hold it my duty to recommend to rebellion. Now the case is changed, and some, you, in the interests of peace and in the interests at least, of those States are attending Congress of Union, the admission of every State to its by loyal representatives, soliciting the allow-share in public legislation, when, however inance of the constitutional right of representa- subordinate, insurgent, or rebellious its people tion. At the time, however, of the consideration and the passage 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

may have been, it presents itself not only in an attitude of loyalty and harmony, but in the persons of representatives whose loyalty cannot be questioned under any existing constitutional or legal test. It is plain that an indefinite or permanent exclusion of any part of the

country from representation must be attended | Constitution itself, and from the actual situation

by a spirit of disquiet and complaint. It is unwise and dangerous to pursue à course of measures which will unite a very large section of the country against another section of the country, however much the latter 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 relations to the country, they may think they have cause to become a unit in feeling and sentiment against the Government. Under the political education of the American people, the idea is inherent and and ineradicable, that the consent of the majority of the whole people is necessary to secure a willing acquiescence in legislation.

The bill under consideration refers to certain of the States as though they had not "been fully restored in all their constitutional relations to the United States." If they have not, let us at once act together to secure that desirable end at the earliest possible moment. It is hardly necessary for me to inform Congress that, in my own judgment, most of those States, so far, at least, as depends upon their own action, have already been fully restored, and are to be deemed as entitled to enjoy their constitutional rights as members of the Union.* Reasoning from the

* In response to this suggestion, this action took place in Congress : When Representatives shall be Admitted from States declared in Insurrection.

IN HOUSE.

February 20, 1866-Mr. Stevens, from the Committee on Reconstruction, reported this

concurrent resolution:

Resolved by the House of Representatives, (the Senate concurring,) That, in order to close agitation upon a question which seems likely to disturb the action of the Government, as well as to quiet the uncertainty which is agitating the minds of the people of the eleven States which have been declared to be in insurrection, no Senator or Representative shall be admitted into either branch of Congress from any of said States until Congress shall have declared such State entitled to such representation.

Which was agreed to-yeas 109, nays 40, as follow :

YEAS-Messrs. Allison, Anderson, James M. Ashley, Baker, Baldwin, Banks. Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Bromwell, Broomall, Buckland, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, Driggs, Eckley, Eggles ton, Eliot, Farnsworth, Farquhar, Ferry, Garfield, Grinnell, Griswold. Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, jr, John H. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, McClurg,

McIndoe, McKee, McRuer, Mercur, Moorhead, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Pike, Plants, Pomeroy, Price, William H. Randall, John H. Rice, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Thayer, John L. Thomas, jr., Trowbridge, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellihu B. Washburne, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom, Woodbridge-109.

of the country, I feel not only entitled, but bou to assume that, with the federal courts restore and those of the several States in the full exe cise of their functions, the rights and interests all classes of the people will, with the aid of th military in cases of resistance to the laws, essentially protected against unconstitution infringement or violation. Should this exp tation unhappily fail, which I do not anticipa then the Executive is already fully armed w the powers conferred by the act of March, 16 establishing the Freedmen's Bureau, and he after, as heretofore, he can employ the land a naval forces of the country to suppress insurre tion or to overcome obstructions to the laws.

In accordance with the Constitution I retu the bill to the Senate, in the earnest hope that measure involving questions and interests important to the country will not become a la unless, upon deliberate consideration by the per ple, it shall receive the sanction of an enlightene public judgment. ANDREW JOHNSON. WASHINGTON, February 19, 1866.

Copy of the Bill Vetoed. AN ACT to amend an act entitled "An act t establish a Bureau for the relief of Freedmen c and Refugees," and for other purposes. Be it enacted, &c., That the act to establish co

NAYS-Messrs. Bergen, Boyer, Brooks, Chanler, Cofra

ED

Dawson, Eldridge, Finck, Glossbrenner, Goodyear, Grid Hale, Aaron Harding, Hogan, Humphrey, Kerr, Lathan Radford, Samuel J. Randall, Raymond, Ritter, Rog Marshall, McCullough, Newell, Niblack, Nicholson, Phelp Ross, Rousseau, Shanklin, Sitgreaves, Smith, Taber, Taylor 86 Thornton, Trimble, Voorhees, Whaley, Wright—40.

February 21-A motion to reconsider the above vote having been entered, Mr. Stevens moved to lay it on the table; which was agreed to-yeas 108, nays 38, as follow:

YEAS-Messrs. Allison, Anderson, Delos R. Ashley, Jams M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beama Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brande gee, Bromwell, Broomall, Buckland, Reader W. Clarke, Cobb, Conkling, Cook, Cullom, Dawes, Defrees, Deming, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Farquhar, Ferry Garfield, Grinnell, Griswold, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Asahel W. Hubbar Demas Hubbard, jr., John H. Hubbard, James R. Hubbell Hulburd, Ingersoll, Jenckes, Julian, Kelley, Ketcham, La lin, George V.Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McRuer, Mer cur, Moorhead, Morrill, Morris, Moulton, O'Neill, Orth, Paine, Perham, Pike, Plants, Pomeroy, Price, William H. Randall, Alexander H. Rice, John II. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Spalding, Starr, Stevens, Upson, Van Aernam, Burt Van Horn, Ward, Warner, Ellib Thayer, Francis Thomas, John L. Thomas, jr., Trowbridge, B. Washburne, William B. Washburn, Welker, Wentworth, Williams, James F. Wilson, Stephen F. Wilson, Windom

108.

NAYS-Messrs. Ancona, Bergen, Boyer, Brooks, Coffroth Dawson, Delano, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Grider, Robert S. Hale, Hogan, Edwin N. Hubbell, James M. Humphrey, Kerr, Latham, Marshall, McCullough, Newell, Niblack, Nicholson, Noell, Phelps, Radford, Ritter, Rogers, Ross, Rousseau, Shanklin, Sitgreaves, Strouse, Taber, Taylor, Trimble, Whaley-38.

March 2-The SENATE passed the resolutionyeas 29, nays 18, as follow:

YEAS-Messrs. Anthony, Brown, Chandler, Clark, Con ness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Henderson, Howe, Kirkwood, Lane of Indiana, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Trumbull, Wade, Willey, Williams, Wilson, Yates-29.

NAYS-Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle, Guthrie, Hendricks, Johnson, Lane of Kansas, McDougall, Morgan, Nesmith, Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle-18.

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bureau for the relief of freedmen and refugees, approved March three, eighteen hundred and sixty-five, shall continue in force until otherwise provided by law, and shall extend to refugees and freedmen in all parts of the United States; and the President may 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, appoint an assistant commissioner for each of said districts, who shall give like bond, receive the compensation, and perform the duties prescribed by this and the act to which this is an amendment; or said 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 shall serve without increase of pay or allowances.

SEC. 2. That the commissioner, with the approval of the President, and when the same shall be necessary for the operations of the bureau, may divide each district into a number of sub-districts, not to exceed the number of coun ties or parishes in such district, and shall assign to each sub-district at least one agent, either a citizen, officer of the army, or enlisted man, who, if an officer, shall serve without additional compensation or allowance, and if a citizen or enlisted man, shall receive a salary of not less than five hundred dollars nor more than twelve hundred dollars annually, according to the services rendered, in full compensation for such services; and such agent shall, before entering on the duties of his office, take the oath prescribed in the first section of the act to which this is an amendment. And the commissioner may, when the same shall be necessary, assign to each assistant commissioner not exceeding three clerks, and to each of said agents one clerk, at an annual salary not exceeding one thousand dollars each, provided suitable clerks cannot be detailed from the army. And the President of the United States, through the War Department and the commissioner, shall extend military jurisdiction and protection over all employés, agents, and officers of this bureau in the exercise of the duties imposed or authorized by this act or the act to which this is additional.

SEC. 3. That 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: Provided, That no person shall be deemed "destitute," "suffering," or dependent upon the Government for support," within the meaning of this act, who, being able to find employment, could by proper industry and exertion avoid such destitution, suffering, or dependence.

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SEC. 4. That the President is hereby authorized to reserve from sale, or from settlement, under the homestead or pre-emption laws, and to set apart for the use of freedmen and loyal refugees, male or female, unoccupied public lands in

Florida, Mississippi, Alabama, Louisiana, and Arkansas, not exceeding in all three millions of acres of good land; and the commissioner, under the direction of the President, shall cause the same from time to time to be allotted and assigned, in parcels not exceeding forty acres each, to the loyal refugees and freedmen, who shall be protected in the use and enjoyment thereof for such term of time and at such annual rent as may be agreed on between the commissioner and such refugees or freedmen. The rental shall be based upon a valuation of the land, to be ascertained in such manner as the commissioner may, under the direction of the President, by regulation prescribe. At the end of such term, or sooner, if the commissioner shall assent thereto, the occupants of any parcels so assigned, their heirs and assigns, may purchase the land and receive a title thereto from the United States in fee, upon paying therefor the value of the land ascertained as aforesaid.

SEC. 5. That the occupants of land under Major General Sherman's special field order, dated at Savannah, January sixteen, eighteen hundred and sixty-five, are hereby confirmed in their possession for the period of three years from the date of said order, and no person shall be disturbed in or ousted from said possession during said three years, unless a settlement shall be made with said occupant, by the former owner, his heirs or assigns, satisfactory to the commissioner of the Freedmen's Bureau: Provided, That whenever the former owners of lands occupied under General Sherman's field order shall make application for restoration of said lands, the commissioner is hereby authorized, upon the agreement and with the written consent of said occupants, to procure other lands for them by rent or purchase, not exceeding forty acres for each occupant, upon the terms and conditions named in section four of this act, or to set apart for them, out of the public lands assigned for that purpose in section four of this act, forty acres each, upon the same terms and conditions.

SEC. 6. That the commissioner shall, under the direction of the President, procure in the name of the United States, by grant or purchase, such lands within the districts aforesaid as may be required for refugees and freedmen dependent on the Government for support; and he shall provide or cause to be erected suitable buildings for asylums and schools. But no such purchase shall be made, nor contract for the same entered into, nor other expense incurred, until after appropriations shall have been provided by Congress for such purposes. And no payment shall be made for lands purchased under this section, except for asylums and schools, from any moneys not specifically appropriated therefor. And the commissioner shall cause such lands from time to time to be valued, allotted, assigned, and sold in manner and form provided in the fourth section of this act, at a price not less than the cost thereof to the United States.

SEC. 7. That whenever in any State or district in which the ordinary course of judicial proceedings has been interrupted by the rebellion, and wherein, in consequence of any State or local law, ordinance, police or other regulation,

custom, or prejudice, any of the civil rights or immunities belonging to white persons, including the right to make and enforce contracts, to sue, be parties, and give evidence, to inherit, purchase, 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, including the constitutional right of bearing arms, 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, or wherein they or any of them are subjected to any other or different punishment, pains, or penalties, for the commission of any act or offence than are prescribed for white persons committing like acts or offences, it shall be the duty of the President of the United States, through the commissioner, to extend military protection and jurisdiction over all cases affecting such persons so discriminated against.

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February 6-The bill passed-yeas 137, nay: 33, as follow:

YEAS-Messrs. Alley, Allison, Ames, Anderson, Delos R Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Elow, W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullore, Boutwell, Brandegee, Bromwell, Broomall, Bundy, Reader Darling, Davis, Dawes, Defrees, Delano, Deming, Dixon, Donnelly, Driggs, Dumont, Eckley, Eggleston, Eliot, Fares worth, Farquhar, Ferry, Garfield, Grinnell, Griswold, Hale Abner C. Harding, Hart, Hayes, Henderson, Higby, Hill Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Demas Hubbard, John II. Hubbard, James R Hubbell, James Humphrey, Ingersoll, Jenckes, Julián, Kasson, Kelley, Kelso, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, Marston, Marvin, McClurg, McIndoe, McKee, McRuer, Mercur, Miller, Moorhead, Morrill, Morris, Moul ton, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Pomeroy, Price, William H. Randall, Raymond, Alexander H. Rice, John H. Rice, Rollins, Sawyer, Schenck, Scofield, Shellabarger, Sloan, Smith, Spald ing, Starr, Stevens, Stilwell, Thayer, Francis Thomas, John L. Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Robert T. Van Horn, Ward, Warner, Ellihu B. Washburne, liams, James F. Wilson, Stephen F. Wilson, Windom, WoodWilliam B. Washburn, Welker, Wentworth, Whaley, Wilbridge-137.

NAYS-Messrs. Boyer, Brooks, Chanler, Dawson, Eldridge,
Finck, Glossbrenner, Grider, 'Aaron Harding, Harris, Ho
gan, Edwin N. Hubbell, James M. Humphrey, Kerr, LeBlond
Marshall, McCullough, Niblack, Nicholson, Noell, Samed
J. Randall, Ritter, Rogers, Ross, Rousseau, Shanklin,
Wright-33.
Sitgreaves, Strouse, Taber, Taylor, Thornton, Trimble,

the bill, notwithstanding the objections of the
February 21-In Senate, the vote on passing
President, was-yeas 30, nays 18, as follow:

YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Fessenden, Foster, Grimes, Harris, Henderson, Howard, Howe, Kirkwood, Lane of Indiana, Lane of Kansas, Morrill, Nye, Poland, Pomeroy, Ramsey, Sherman, Sprague, Sumner, Trumbull, Wade, Williams, Wilson,

SEC. 8. That any person who, under color of any State or local law, ordinance, police, or other regulation or custom, shall, in any State or district in which the ordinary course of judicial proceedings has been interrupted by the rebelfion, subject, or cause to be subjected, any negro, mulatto, freedman, refugee, or other person, on account of race or color, or any previos condition of slavery or involuntary servi le, or for any other cause, to the deprivation of any civil right secured to white persons, or to any other or different punishment than white persons are subject to for the commission of like acts or offences, shall be deemed guilty of a misdemeanor, and be punished by fine not exceeding one thousand dollars, or imprisonment not exceeding one year, or both; and it shall be the duty of the officers and agents of this bureau to take jurisdiction of, and hear and determine all offences committed against the provi-Yates-30. sions of this section, and also of all cases affecting negroes, mulattoes, freedmen, refugees, or other persons who are discriminated against in any of the particulars mentioned in the preceding section of this act, under such rules and regulations as the President of the United States, through the War Department, shall prescribe. The jurisdiction conferred by this and the preceding section on the officers and agents of this bureau shall cease and determine whenever the discrimination on account of which it is conferred ceases, and in no event 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 restored in all its constitutional relations to the United States, and the courts of the State and of the United States within the same are not disturbed or stopped in the peaceable course of justice.

SEC. 9. That all acts, or parts of acts, inconsistent with the provisions of this act, are hereby_repealed.

The votes on passing this bill were:
IN SENATE.

1866, January 25-The bill passed-yeas 37, nays 10, as follow:

YEAS-Messrs. Anthony, Brown, Chandler, Clark, Conness, Cragin, Creswell, Dixon, Doolittle, Fessenden, Foot,

NAYS-Messrs. Buckalew, Cowan, Davis, Dixon, Doolittle,

Willey-18.

Guthrie, Hendricks, Johnson, McDougall, Morgan, Nesmith,
Norton, Riddle, Saulsbury, Stewart, Stockton, Van Winkle,
Two-thirds not having voted therefor, the bill
failed.

Veto of the Civil Rights Bill, March 27, 1866.
To the Senate of the United States:

I

regret that the bill which has passed both Houses of Congress, entitled An act to protect all persons in the United States in their civil rights, and furnish the means of their vindication," contains provisions which I cannot approve, consistently with my sense of duty to the whole people, and my obligations to the Constitution of the United States. I am therefore constrained to return it to the Senate, the house in which it originated, with my objections to its becoming a law.

By the first section of the bill all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are declared to be citizens of the United States. This provision comprehends the Chinese of the Pacific States, Indians subject to taxation, the people called Gipsies, as well as the entire race designated as blacks, people of color, negroes, mulattoes, and persons of African blood. Every individual of these races, born in the United

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