History of the Thirty-Ninth Congress of the United States

by William Horatio Barnes

"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 by the Senate and House of Representatives of the United States of America in 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 officer, shall have an annual salary of not less than five hundred dollars, nor more than twelve hundred dollars, according to the service required of him. And it shall be the duty of the commissioner, when it can be done consistently with public interest, to appoint, as assistant commissioners, agents, and clerks, such men as have proved their loyalty by faithful service in the armies of the Union during the rebellion. And all persons appointed to service under this act, and the act to which this is an amendment, shall be so far deemed in the military service of the United States as to be under the military jurisdiction and entitled to the military protection of the Government while in discharge of the duties of their office.

"SEC. 4. And be it further enacted, That officers of the Veteran Reserve Corps or of the volunteer service, now on duty in the Freedmen's Bureau as assistant commissioners, agents, medical officers, or in other capacities, whose regiments or corps have been or may hereafter be mustered out of service, may be retained upon such duty as officers of said bureau, with the same compensation as is now provided by law for their respective grades; and the Secretary of War shall have power to fill vacancies until other officers can be detailed in their places without detriment to the public service.

"SEC. 5. And he it further enacted, That the second section of the act to which this is an amendment shall be deemed to authorize the Secretary of War to issue such medical stores or other supplies, and transportation, and afford such medical or other aid as may be needful for the purposes named in said section: Provided, That no person shall be deemed 'destitute,' 'suffering,' or 'dependent upon the Government for support,' within the meaning of this act, who is able to find employment, and could, by proper industry or exertion, avoid such destitution, suffering, or dependence.