But there are regulations applicable to the contracts of the freedman. Very well. Why not? To protect him from the imposition and tyranny of the dominant race, it is provided that “no freedman shall be employed on any estate above mentioned otherwise than according to voluntary contract, reduced to writing, and certified by the Assistant Commissioner or local superintendent.” Mark the language,—“voluntary contract.” What more can be desired? But this is reduced to writing. Certainly, as a safeguard to the freedman, and for his benefit. Then, again, the Assistant Commissioners are to act “as advisory guardians,” in which capacity they are to “aid the freedmen in the adjustment of their wages.” But do not forget that the freedman is a freeman, and if he does not need such aid or advice, he may reject it, just as much as the Senator himself. Look at other clauses, and they will all be found equally innocent.
But there is the section, originally introduced on motion of the Senator from West Virginia [Mr. Willey], providing, that, “whenever the Commissioner cannot otherwise employ any of the freedmen who may come under his care, he shall, so far as practicable, make provision for them with humane and suitable persons, at a just compensation for their services.” Here, again, are tyranny and outrage carried to the highest point. But how? The superintendence is that of the intelligence office, and everything done is to be “in conformity with law.” This clause, even if it were in any respect ambiguous, must be ruled by those earlier words which declare that “every such freedman shall be treated in all respects as a free man.” What more can be desired? With this rule as a guide, no freedman can suffer in rights.
The strange complaint is made, that this measure is too favorable to the freedman; and, indeed, we have been told that something is needed for the whites. Very well; let it be done. I trust that an enlightened Government will not fail to recognize its duties to all alike. Meanwhile, it is proposed that abandoned lands shall be leased to freedmen, and, if they are not able and disposed to take the lands for a twelvemonth, then they are to be leased to other persons. Reflect that the freedmen, for weary generations, have fertilized these lands with their sweat. The time has come when they should enjoy the results of their labor, at least for a few months. This war has grown out of injustice to them. Plainly, to them we owe the first fruits of justice. Besides, this provision is essential as a safeguard against white speculators from a distance, who will seek to monopolize these lands, with little or no regard to the freedman. Ay, Sir, it is too evident that it is essential as a safeguard against grasping neighbors, who still pant and throb with the bad passions of Slavery.
Mr. President, the objections are vain. The bill is not hurtful to the freedman. It is not hostile to Liberty. Its declared object is the good of the freedman. Its inspiration is Liberty. Look at it as a whole or in detail, and you will find the same object and the same inspiration. It only remains that the Senate should adopt it, and give a new assurance of justice to an oppressed race. In the name of justice, I ask your votes.
The motion to postpone was rejected,—Yeas 13, Nays 16.
February 22d, the debate was resumed by Mr. Hale, of New Hampshire, in opposition to the report, who was followed on the same side by Mr. Lane, of Indiana, Mr. Davis, of Kentucky, and Mr. Reverdy Johnson, of Maryland. Mr. Conness, of California, spoke in favor of it. Mr. Sumner, in reply, after answering the criticisms on the bill, and adducing testimony to its importance, said:—
I have read these opinions merely to bring home to the Senate, on authoritative grounds, the importance of providing some protection for this large body of freedmen, now justly looking to the National Government as their guardian. That Government has given them the great boon of Freedom. It is for us to go further, and see that Freedom is something more than a barren letter. We must see that it is a fruitful thing, of which they can avail themselves always, and which will be to them everywhere prolific of good.
Mr. President, I did not intend to enter into this discussion this morning. I hoped that a vote might be taken without further debate. I have no desire to discuss it. To my mind the question is perfectly clear. If you reject the pending measure, you voluntarily refuse to carry forward that great act of Emancipation which you have already sanctioned. I say, therefore, for the sake of Emancipation, let the report of this Committee be adopted; and I appeal to you, Senators, do not be afraid to be just.
The vote on the report of the Conference Committee stood,—Yeas 14, Nays 24; so that, though accepted in the House, it was lost in the Senate. On motion of Mr. Wilson, of Massachusetts, another Conference Committee was ordered, consisting of himself, Mr. Harlan, of Iowa, and Mr. Willey, of West Virginia. The House, on their part, appointed Mr. Schenck, of Ohio, Mr. Boutwell, of Massachusetts, and Mr. Rollins, of Missouri. The Committee reported still another bill, placing the bureau in the War Department.