“In case no proper lessees can be found, then to cause the same to be cultivated or occupied by the freedmen, on such terms, in either case, and under such regulations, as the Commissioner may determine.”
“What a frightful power!” exclaimed the Senator. But why? Here is no power or control over the freedmen, but simply over the lands, which the officers cause to be cultivated or occupied. These officers are representatives of the National Government, to which the lands belong for the time being, and, in determining the terms and regulations under which they are to be cultivated or occupied, they do no more than is done by the Senator with regard to the lands he is so happy in owning. The Senator fixes the terms and regulations under which his lands are leased or cultivated: does he not? And he would be surprised, if any person called in question his rights in this regard; especially would he be surprised, if any person undertook to infer that the freedom of laborers upon his lands could be compromised by any terms or regulations he might choose to make. But there is no power he may exercise over his own lands that may not now be exercised by the Government. In each case the laborer must be treated as a freeman. The Senator seems to imagine that there is power or control over the freedmen conferred by these words. Here is his mistake. The power and control are over the lands, not over the freedmen. There is not a word in the clause that can be tortured into any such idea. I challenge the Senator to point it out.
Thus far I have considered this clause, which according to the Senator is so terribly pregnant, without alluding to the express limitation following in the same section. Even without this limitation it is clear and blameless. But the Committee, in order to make assurance doubly sure, and to set up an absolute impediment against any abuse, have added the following proviso:—
“Provided, That no freedmen shall be held to service on any estate above mentioned otherwise than according to voluntary contract, reduced to writing, and certified by the Assistant Commissioner or local superintendent; nor shall any such contract be for a longer period than twelve months.”
And yet, in the face of this proviso, the Senator sees danger. Nobody can be found on the lands except in pursuance of voluntary contract, which must be reduced to writing and certified by an officer of the Government. Nor is this all. The contract is not to be for a term beyond twelve months; so that, by no excuse, and by no exercise of power, can the freedman be put even under a shadow of control beyond this brief term. He is in all respects a freeman, laboring on lands according to careful contract for a limited period. And yet the Senator calls this beneficent arrangement Slavery, and then, changing the name, he calls it Peonage. Sir, the Senator has an imperfect conception of that peonage which is indefinite service, or of that slavery which is service for endless generations, if he undertakes to liken employment in pursuance of contract most carefully guarded for a term of a few months to either of these wretched conditions.
But all this is only part of the mistake in which the Senator has proceeded from beginning to end. I am at a loss to account for it. I do not understand it. That I regret it most sincerely I need not say. I counted upon his charitable regard for this bill. I felt sure of his sympathy with its general objects. I do not renounce the hope of this sympathy now. But I cannot forbear saying, that, to my mind, the Senator throws himself in the way of a humane undertaking, and practically abandons the claims of the oppressed race to which he and I both owe service. Long have they suffered, much have they been abused, wearily have they journeyed through life; and now, at last, when Slavery is overturned, and we seek to provide a passage from its torments to a better condition, where labor shall be quickened and protected by Liberty, and where all rights shall be respected, it is hard to find our efforts buffeted by a cross-wind from such an unexpected quarter.
Mr. Grimes and Mr. Willey followed. Between the latter and Mr. Sumner there was an earnest passage.
June 27th, the consideration of the bill was again resumed, when other amendments moved by Mr. Sumner were adopted, among which was the following:—
“And every such freedman shall be treated in every respect as a freeman, with all proper remedies in courts of justice; and no power or control shall be exercised with regard to him, except in conformity with law.”