In short, Trumbull held that it was for Congress to decide what rights
might be established and enforced by federal law, in addition to that of
emancipation. That this was to be a troublesome question was shown a
little later by a colloquy between Trumbull and Henderson. The latter
was of the opinion that the only sure way to protect the freedmen was to
give them the right to vote. Trumbull thought that, for the present
purpose of providing them with food, clothing, and shelter, Dr.
Townsend's Sarsaparilla or any other patent medicine, would be as
effectual as the right of suffrage.[87] Sumner, a little later, thought
that the right to serve on juries and to hold office was among the
essential securities of freedom, and Thaddeus Stevens thought that
land-ownership also was necessary. What could be done under the second
clause of the Thirteenth Amendment was the question, either expressed or
implied, underlying the whole controversy on Reconstruction during the
next ten years.
It was commonly believed that the President would approve the Freedmen's
Bureau Bill; hence, when a veto message came, on the 19th of February,
it was received with consternation by the Republicans in Congress. He
held that the bill was both unconstitutional and inexpedient. It had
been passed in the Senate by yeas 37, nays 10, every Republican voting
for it and every Democrat against it. There were three absentees when
the vote was taken: Cowan and Willey, Republicans, and Nesmith,
Democrat. There was ample margin here for passing the bill over the
veto, if the Republicans could hold together, but when the second vote
was taken, February 20, the yeas were 30, and the nays 18, not two
thirds. So the bill failed. Eight Republicans, Cowan, Dixon, Doolittle,
Morgan, Norton, Stewart, Van Winkle, and Willey, had sided with the
President. There were two absentees: Foot (Rep.), of Vermont, and Wright
(Dem.), of New Jersey, both sick.
The question of negro suffrage had not yet become acute in public
discussions. The state of public opinion in the North was fairly set
forth by Dr. C. H. Ray in a private letter to Trumbull dated Chicago,
February 7, thus:
If he [Johnson] will agree to your bill giving the freedmen the
civil rights that the whites enjoy, and if he halts at that,
and war is made on him because he will not go to the extent of
negro suffrage, he will beat all who assail him. The party may
be split, the Government may go out of Republican hands; but
Andy Johnson will be cock-of-the-walk. The people, so far as I
understand, are of the opinion that the war for the Union is
over.... And as for the negro, they think that when he has the
rights which your bill will give him, he must be contented to
look upon the elective franchise as a something to be earned by
giving evidence of his fitness therefor.
Public-domain text, read in full here on John Shaqi.
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