Evidently, Congress must soon legislate again on the hastily organized Bureau, which had so quickly grown into wide significance and vast possibilities. An institution such as that was well-nigh as difficult to end as to begin. Early in 1866 Congress took up the matter, when Senator Trumbull, of Illinois, introduced a bill to extend the Bureau and enlarge its powers. This measure received, at the hands of Congress, far more thorough discussion and attention than its predecessor. The war cloud had thinned enough to allow a clearer conception of the work of Emancipation. The champions of the bill argued that the strengthening of the Freedmen’s Bureau was still a military necessity; that it was needed for the proper carrying out of the Thirteenth Amendment, and was a work of sheer justice to the ex-slave, at a trifling cost to the government. The opponents of the measure declared that the war was over, and the necessity for war measures past; that the Bureau, by reason of its extraordinary powers, was clearly unconstitutional in time of peace, and was destined to irritate the South and pauperize the freedmen, at a final cost of possibly hundreds of millions. These two arguments were unanswered, and indeed unanswerable: the one that the extraordinary powers of the Bureau threatened the civil rights of all citizens; and the other that the government must have power to do what manifestly must be done, and that present abandonment of the freedmen meant their practical reenslavement. The bill which finally passed enlarged and made permanent the Freedmen’s Bureau. It was promptly vetoed by President Johnson as “unconstitutional,” “unnecessary,” and “extrajudicial,” and failed of passage over the veto. Meantime, however, the breach between Congress and the President began to broaden, and a modified form of the lost bill was finally passed over the President’s second veto,
The act of 1866 gave the Freedmen’s Bureau its final form—the form by which it will be known to posterity and judged of men. It extended the existence of the Bureau to ; it authorized additional assistant commissioners, the retention of army officers mustered out of regular service, the sale of certain forfeited lands to freedmen on nominal terms, the sale of Confederate public property for Negro schools, and a wider field of judicial interpretation and cognizance. The government of the unreconstructed South was thus put very largely in the hands of the Freedmen’s Bureau, especially as in many cases the departmental military commander was now made also assistant commissioner. It was thus that the Freedmen’s Bureau became a full-fledged government of men. It made laws, executed them and interpreted them; it laid and collected taxes, defined and punished crime, maintained and used military force, and dictated such measures as it thought necessary and proper for the accomplishment of its varied ends. Naturally, all these powers were not exercised continuously nor to their fullest extent; and yet, as General Howard has said, “scarcely any subject that has to be legislated upon in civil society failed, at one time or another, to demand the action of this singular Bureau.”
To understand and criticise intelligently so vast a work, one must not forget an instant the drift of things in the later sixties. Lee had surrendered, Lincoln was dead, and Johnson and Congress were at loggerheads; the Thirteenth Amendment was adopted, the Fourteenth pending, and the Fifteenth declared in force in 1870. Guerrilla raiding, the ever-present flickering after-flame of war, was spending its forces against the Negroes, and all the Southern land was awakening as from some wild dream to poverty and social revolution. In a time of perfect calm, amid willing neighbors and streaming wealth, the social uplifting of four million slaves to an assured and self-sustaining place in the body politic and economic would have been a herculean task; but when to the inherent difficulties of so delicate and nice a social operation were added the spite and hate of conflict, the hell of war; when suspicion and cruelty were rife, and gaunt Hunger wept beside Bereavement—in such a case, the work of any instrument of social regeneration was in large part foredoomed to failure. The very name of the Bureau stood for a thing in the South which for two centuries and better men had refused even to argue—that life amid free Negroes was simply unthinkable, the maddest of experiments.
The agents that the Bureau could command varied all the way from unselfish philanthropists to narrow-minded busybodies and thieves; and even though it be true that the average was far better than the worst, it was the occasional fly that helped spoil the ointment.
Then amid all crouched the freed slave, bewildered between friend and foe. He had emerged from slavery—not the worst slavery in the world, not a slavery that made all life unbearable, rather a slavery that had here and there something of kindliness, fidelity, and happiness—but withal slavery, which, so far as human aspiration and desert were concerned, classed the black man and the ox together. And the Negro knew full well that, whatever their deeper convictions may have been, Southern men had fought with desperate energy to perpetuate this slavery under which the black masses, with half-articulate thought, had writhed and shivered. They welcomed freedom with a cry. They shrank from the master who still strove for their chains; they fled to the friends that had freed them, even though those friends stood ready to use them as a club for driving the recalcitrant South back into loyalty. So the cleft between the white and black South grew. Idle to say it never should have been; it was as inevitable as its results were pitiable. Curiously incongruous elements were left arrayed against each other—the North, the government, the carpetbagger, and the slave, here; and there, all the South that was white, whether gentleman or vagabond, honest man or rascal, lawless murderer or martyr to duty.
Thus it is
