The second clause of that amendment was inserted for some
purpose, and I would like to know of the Senator from Delaware
for what purpose? Sir, for the purpose, and none other, of
preventing state legislatures from enslaving, under any
pretense, those whom the first clause declared should be free.
It was inserted expressly for the purpose of conferring upon
Congress authority by appropriate legislation to carry the
first section into effect. What is the first section? It
declares that throughout the United States and all places
within their jurisdiction neither slavery nor involuntary
servitude shall exist; and then the second section declares
that Congress shall have authority by appropriate legislation
to carry this provision into effect. What that "appropriate
legislation" is, is for Congress to determine, and nobody else.
Mr. Saulsbury here interrupted, saying, "I wish to ask the honorable
Senator a question, with his consent, first answering his own. He asks
me for what purpose that second section was introduced. I do not know; I
had nothing to do with it. And now I wish to ask the honorable Senator
whether, when it was before this body for adoption, he avowed in his
advocacy of it that it was meant for such purposes as are now claimed."
Then the following colloquy ensued:
MR. TRUMBULL. I never understood it in any other way.
MR. SAULSBURY. Did you state it to the Senate?
MR. TRUMBULL. I do not know that I stated it to the Senate. I
might as well have stated to the Senator from Delaware that the
clause which declared that Slavery should not exist anywhere
within the United States means that slavery should not exist
within the United States! I could make it no plainer by
repetition or illustration than the statement itself makes it.
I reported from the Judiciary Committee the second section of
the constitutional amendment for the very purpose of conferring
upon Congress authority to see that the first section was
carried out in good faith, and for none other; and I hold that
under that second section Congress will have the authority,
when the constitutional amendment is adopted, not only to pass
the bill of the Senator from Massachusetts, but a bill that
will be much more efficient to protect the freedman in his
rights. We may, if deemed advisable, continue the Freedmen's
Bureau, clothe it with additional powers, and if necessary back
it up with a military force, to see that the rights of the men
made free by the first clause of the constitutional amendment
are protected. And, sir, when the constitutional amendment
shall have been adopted, if the information from the South be
that the men whose liberties are secured by it are deprived of
the privilege to go and come when they please, to buy and sell
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