Mr. Sumner. With great pleasure; and if I can have the candid attention of my friend, I believe that he and I cannot differ, for I will not doubt that we have the same object at heart. Obviously the language indicates in a general way the character of the duties to be performed. They are duties of superintendence, but we are to look elsewhere for the extent of the duties; and the words which follow in the same section show something of their nature. Thus:—
“And it shall be his duty especially to watch over the execution of all laws, proclamations, and military orders of emancipation, or in any way concerning freedmen.”
There, Sir, is the first glimpse of this tyrant. Mark, Sir, there is not one word of power or control over the freedmen, but duties solemnly imposed, all in behalf of Freedom. What next?
“And generally, by careful regulations in the spirit of the Constitution, to protect these persons in the enjoyment of their rights, to promote their welfare, and to secure to them and their posterity the blessings of liberty.”
Here, again, are duties of the Commissioner; but there is not one word conferring power or control over the freedmen. The main object is protection in the enjoyment of their rights,—inborn, but new-found. This is to be crowned by such watchfulness as will promote their welfare and secure to them and their posterity the blessings of liberty; and all this is to be according to “careful regulations.” To find tyranny in this provision the Senator must be as critical as the German theologian who found heresy in the Lord’s Prayer. I do not go to the dictionary for the meaning of superintendent. This is needless. Obviously, the superintendent must superintend according to law; and since this is now for Freedom, whatever he does must be for Freedom likewise. He can do nothing without this inspiration. The function of superintendence is not applicable exclusively to this case. It is of common occurrence. There is a superintendent of emigrants; but nobody supposes that he can do anything with regard to emigrants except in conformity with law. The mayor of Washington is, in a certain sense, a superintendent of the Senator and myself, as we walk the streets or lie down at night in our houses, bound to see that we are protected from outrage and robbery. And the Vice-President, or the President of the Senate, is a superintendent of this Chamber, bound to see that the rules of Parliamentary Law are observed. But the Senator would not think of attributing to either of these functionaries that “unlimited control and power” which he dreaded in the superintendent of freedmen,—bound to see that freedmen are protected in their rights. And yet it exists in one case just as much as in the other.
I think, Sir, that after this explanation there can be no difficulty in answering the inquiry of the Senator. By “superintendence of all freedmen” is meant that watchfulness of their rights and interests consistent with laws, general and special, for their protection, welfare, and liberty, so that they may be helped to employment and be guarded against outrage. The object is good. What other word would the Senator employ to designate it? How would he describe the humane function of the Commissioner? He is versed in language. Will he supply any term more apt? I invite him to do it, and shall gladly accept it. Since we seem to concur in the object, let there be no difference on account of words. All I desire is something that shall supply help and protection. For this I cheerfully sacrifice the rest. And permit me to say, I have misread this bill, if there is a single word in it, from beginning to end, which can give the most remote apology for any other idea.
I have thus far only glanced at a single section. Look further. I pass for the moment the next section, and go to the sixth, which describes some of the duties of the “Assistant Commissioners and local superintendents.” It begins by declaring that they—
“Shall act as advisory guardians to aid the freedmen in the adjustment of their wages, or, where they have rented plantations or small holdings, in the application of their labor.”
Observe, if you please, the friendly service to be performed. Not in this way do tyrants or slave-masters wield a wicked power. Here is advice, guardianship, and the adjustment of wages,—all inconsistent with Slavery in any of its pretensions. What next?
“That they shall take care that the freedmen do not suffer from ill-treatment or any failure of contract on the part of others, and that on their part they perform their duty under any contract entered into by them.”