On January 5, 1866, Trumbull introduced two measures which engrossed
public attention during the next three months and enlarged the parting
of the ways between Congress and the President. These were the
Freedmen's Bureau Bill and the Civil Rights Bill. The former was a
measure to continue in force and amend an act of Congress already in
operation, but which would expire by limitation one year after the end
of the war, and which had been passed to provide for needy and homeless
whites, as well as blacks. It embraced also the temporary disposition of
abandoned lands. Under its operation General Sherman had assigned some
thousands of acres of abandoned land to freedmen for the purpose of
giving them employment and enabling them to earn their own living, and
they were in actual possession. Of course, the title to such lands would
revert to the former owners, whenever military rule should come to an
end. The Freedmen's Bureau Bill provided that in places where the
ordinary course of judicial proceedings had been interrupted by the
rebellion, and where any of the civil rights enjoyed by white persons
were denied to other persons by reason of race, color, or previous
condition of servitude, the latter should be under military protection
and jurisdiction, which should be exercised by the Commissioner of the
Freedmen's Bureau under orders of the President of the United States,
and that any person, who, under color of any state or local law or
custom, should infringe such rights, should be punished by fine or
imprisonment or both. The courts authorized to hear and decide such
cases were to consist of the officers and agents of the Bureau, without
jury trial and without appeal; but this jurisdiction should not exist in
any state after it should have been restored to its constitutional
relations to the Union.
The last-mentioned feature of the bill brought up the question whether
Congress had power under the Constitution in time of peace to pass laws
for the ordinary administration of justice in the states. Senator
Hendricks, of Indiana, had doubts on that point. In a debate on the 19th
of January, 1866, he said:
My judgment is that under the second section of the
[thirteenth] constitutional amendment we may pass such a law as
will secure the freedom declared in the first section, but that
we cannot go beyond that limitation.[85]
To this Trumbull replied:
Public-domain text, read in full here on John Shaqi.
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