Year: 1867

just relation to each other of the Federal
and State authority, under an instrument
which was intended to furnish definition
as well as limitation of. both. But l
waive altogether this branch of the argu-
nIeut. What / contend for is, that Con-
gress has not the inherent power under or
by virtue of the Constitution to appropri-
ate money for a naked charity anywhere,
not even here in the District of Columbia.
which is, undoubtedly, for all purposes of
legitimate legislation, under its exclusive
jurisdiction and control.


Sir, Ii this was a mere matter of expedi-
ency or humanity, and not question of
solemn constitutional power, reaching mp
to the obligations of the oath we have tax
en- to support and maintain that Constitu
ton, there is no gentleman on this floor
who would more cheerfully vote for this
bill than would. 1T / were satisfied OF
our constitutional power over this subject,
no fear OF the precedent would thus es-
tablish for future legislation, no apprehen-
sion of p0pulardiSfavor, no impression that
this donation might be ungratefuily re-
ceived on the part of the objects of our
bounty, would repel me from voting for
even five times the amount proposed in
this bill. It has every sympathy of my
heart. I was deeply impressed with the
touching and, eloquent appeal of my col





my heart throbbed responsive to the noble
and gushing sentiments of that impassioned
Invocation; but legislation under written
Constitution like ours means something
more than mere passion and sentiment.
The passions, and even the duty, of the
heart is one thing the stern and logical
necessity of reason, the imperative obliga-
tions of a sworn and conscientious public
duty, is quite another and a different con-
sideration. The dictates of this paramount
obligation, cannot. dare not, disregard.
Entertaining these doubts upon the ques-
ton of constitutional power, am compell-
ed, reluctantly compslled, to record my
vote against the passage of this bill.


One word, Mr.. Chairman, as to the pro-
posed channel through which this charity
is to be administered. That would be
stumbling-bloek in my way, even in the
absence Of constitutional doubts. LThe
Freedmen'ss Bureau is an institution Gre
ated for aspecific and clearly defined pur-
pose. The resolution now under consider
alton provides for no scheme of distribu-
tion. There is nokelear and well-defined
declaration of the trust. The preciseobject
OF the charity is not made manifest by any
clear description of its beneficiaries. 1t
simply adopts the bureau as los agent,
Without any instructions whatever. The
whole management and disposition Of this
fund, then, is subject to the mere discretion,
to say nothing of the prejudice and parti-
san feeling, of these bureau Superintend-
ents. My confidence in this most, anon
I alous department of the Government will
have to be much more decided and ardent
than it now is to make me willing to intrlst
it with the management of fund of this
magnitude, while the object of the fund re-
mains so vague and indefinite. And more
than all this: even if this appropriation in-
volved no higher question than that of leg
islative expediency, we have from this peo-
PIE no petitions upon our tables asking for
this charity no satisfactory evidence be-
fore US that they will accept this donation
at our hands. Indeed, Mr.. Chairman, in the
Hight of occurring events around u.s. it
would not be at all surprising if they should
wholly reject it. 1t is folly to shut our
ligFess, by passing this resolution, will VOL
UNFAIRLY put itself in the ,position, with
reference to the Southern people and its
past and current legislation, of holding a
whip of scorpions in one hand and cruise
of oil of the Good Samaritan in the other.
The picture would be curious, but it would
be strictly truthful and historic. Now, Il
am in favor of no such ridiculous and ab-
suId position as that. Is this House ready
to do so? You have already done so by
legislation now actually pending on the
SDeaker's table. Who among us can read
the most extraordinary bill introduced by
the distinguished gentleman from Penn





powerful and most concentrated gall of Bit
terness, his speech, upon its Introduction
IL oil and a speech which seeks to wrest
from its owners, by an eXertion of mere
legislative power and as punishment of
crime without trial or conviction, more
than five hundred millions of property
without feeling in the depths of his heart
that such Legislation, coupled with any
rational idea of Christian charity, is but the
merest mockery of justice, and the very
acme of insult tanddegradation. Sir, 1 can
not refrain, in passing along from saying
that was quite surprised at the easy way
in whichsthe gentleman from Pennsylvania
relieved himself from the pointed inquiry
+ put to him by my colleague (Mr. Mungen)
on yesterday. If this bill of his is not an
er post fdcto law, / should like to know
what it is. 1, too, am not lawyer enough
to understand it in the way in which the
gentleman from Pennsylvania processes to
understand it. Why, sir, its very preanb Bile
declares its true character. 1t reciteS that
whereas it is due to justice, and as an ex-
ample to future times. that some proper
punishment should be inflicted on the people
who constituted the Confederate States of
America" twill thus be seen that the
gentleman himself has given definition of
his bill. Its object is punishment after the
act. 1t proposes to confiscate not only
private property by millions, but it directly
aims its blows at the public property of the
States as such; and all this directly and
squarely in the face of Constitution, an
oath of fealty to which has given the gem
tleman his seat in this House. which une-
Itquivocally provides that g no bill Of attain
der or er post fGcto law shall he passed" by
the Congress OF the United States. Sir, we
shall see whether the pos .ponement of this
bill, on the motion of the gentleman him
| self to the second Tuesday of December
next, will give it any new strength or in
crease the probabilities of its passage. But
my object is not to discuss the bill now. |
refer to it simply TO show the unique man.
ner our friends over the way have in ex-
hibitipg the divine charity OF their natures.


Sir, the action of an American Con.
gress in regard to the Southern peo-
i pie should long ago have been based
upon one of two distinct and une-
quivocal propositions. There should
1 have been no doubt of the political status
of that people from the moment they laid
down their arms and submitted themselves
to. the Federal authority; they should


every man, woman and child of them who
had been identified with the rebellion,
either have been driven into the Gulf O.


Mexico, or have been taken back trustingl ly
and kindly into all their former relations
! with the Union. This intermediate anC


unremittiug torture, in the nature of al


extra judicial punishment, is unchristial
aDd inhuman, and is fast making the Amer
lean name a by-word and reproach amoDs
! even the monarchical nations of the earGh
l know not how the Southern people vii
feel on this question; but this much 1 d.
: Know tbatif l were in their place. will
every right belonging to them as men ant
! citizens trampled under foot, with organ
iZed and undisme embered States made sub
ject to all the burdens. and stripped of al
the privileges of the common government
2 with their civil courts abolished, and mil
: itary despotism placed over them as til
2 sole and irresponsible arbiter OF their live
; and property; 1 say, sir, that under al