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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. Two of these 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 enslavement. 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, July 16.

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 July, 1868; 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 un-reconstructed 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 force 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 4,000,000 slaves to an assured and self-sustaining place in the body politic and economic would have been an 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 which 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 one fly that helped to spoil the ointment. Then, amid all this 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 much 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 fled to the friends that had freed them. They shrank from the master who still strove for their chains. 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 doubly difficult to write of this period calmly, so intense was the feeling, so mighty the human passions, that swayed and blinded men. Amid it all two figures ever stand to typify that day to coming men: the one a gray-haired gentleman, whose fathers had quit themselves like men, whose sons lay in nameless graves, who bowed to the evil of slavery because its abolition boded untold ill to all; who stood at last, in the evening of life, a blighted, ruined form, with hate in his eyes. And the other, a form hovering dark and mother-like, her awful face black with the mists of centuries, had aforetime bent in love over her white master’s cradle, rocked his sons and daughters to sleep, and closed in death the sunken eyes of his wife to the world; ay, too, had laid herself low to his lust and borne a tawny man child to the world, only to see her dark boy’s limbs scattered to the winds by midnight marauders riding after Damned Niggers. These were the saddest sights of that woeful day; and no man clasped the hands of these two passing figures of the present-past; but hating they went to their long home, and hating their children’s children live to-day.

Here, then, was the field of work for the Freedmen’s Bureau; and since, with some hesitation, it was continued by the act of 1868

till 1869, let us look upon four years of its work as a whole.

There were, in 1868, 900 Bureau officials scattered from Washington to Texas, ruling, directly and indirectly, many millions of men. And the deeds of these rulers fall mainly under seven heads,—the relief of physical suffering, the overseeing of the beginnings of free labor, the buying and selling of land, the establishment of schools, the paying of bounties, the administration of justice, and the financiering of all these activities. Up to June, 1869, over half a million patients had been treated by Bureau physicians and surgeons, and sixty hospitals and asylums had been in operation. In fifty months of work 21,000,000 free rations were distributed at a cost of over $4,000,000,—beginning at the rate of 30,000 rations a day in 1865, and discontinuing in 1869. Next came the difficult question of labor. First, 30,000 black men were transported from the refuges and relief stations back to the farms, back to the critical trial of a new way of working. Plain, simple instructions went out from Washington,—the freedom of laborers to choose employers, no fixed rates of wages, no peonage or forced labor. So far so good; but where local agents differed toto coelo in capacity and character, where the personnel was continually changing, the outcome was varied. The largest element of success lay in the fact that the majority of the freedmen were willing, often eager, to work. So contracts were written,—50,000 in a single state,—laborers advised, wages guaranteed, and employers supplied. In truth, the organization became a vast labor bureau; not perfect, indeed,—notably defective here and there,—but on the whole, considering the situation, successful beyond the dreams of thoughtful men. The two great obstacles which confronted the officers at every turn were the tyrant and the idler: the slaveholder, who believed slavery was right, and was determined to perpetuate it under another name; and the freedman, who regarded freedom as perpetual rest. These were the Devil and the Deep Sea.

In the work of establishing the Negroes as peasant proprietors the Bureau was severely handicapped, as I have shown. Nevertheless, something was done. Abandoned lands were leased so long as they remained in the hands of the Bureau, and a total revenue of $400,000 derived from black tenants. Some other lands to which the nation had gained title were sold, and public lands were opened for the settlement of the few blacks who had tools and capital. The vision of landowning, however, the righteous and reasonable ambition for forty acres and a mule which filled the freedmen’s dreams, was doomed in most cases to disappointment.

And those men of marvelous hind-sight, who to-day are seeking to preach the Negro back to the soil, know well, or ought to know, that it was here, in 1865, that the finest opportunity of binding the black peasant to the soil was lost. Yet, with help and striving, the Negro gained some land, and by 1874, in the one state of Georgia, owned near 350,000 acres.

The greatest success of the Freedmen’s Bureau lay in the planting of the free school among Negroes, and the idea of free elementary education among all classes in the South. It not only called the schoolmistress through the benevolent agencies, and built them schoolhouses, but it helped discover and support such apostles of human development as Edmund Ware, Erastus Cravath, and Samuel Armstrong. State superintendents of education were appointed, and by 1870 150,000 children were in school. The opposition to Negro education was bitter in the South, for the South believed an educated Negro to be a dangerous Negro. And the South was not wholly wrong; for education among all kinds of men always has had, and always will have, an element of danger and revolution, of dissatisfaction and discontent. Nevertheless, men strive to know.

It was some inkling of this paradox, even in the unquiet days of the Bureau, that allayed an opposition to human training, which still to-day lies smouldering, but not flaming. Fisk, Atlanta, Howard, and Hampton were founded in these days, and nearly $6,000,000 was expended in five years for educational work, $750,000 of which came from the freedmen themselves.

Such contributions, together with the buying of land and various other enterprises, showed that the ex-slave was handling some free capital already. The chief initial source of this was labor in the army, and his pay and bounty as a soldier. Payments to Negro soldiers were at first complicated by the ignorance of the recipients, and the fact that the quotas of colored regiments from Northern states were largely filled by recruits from the South, unknown to their fellow soldiers. Consequently, payments were accompanied by such frauds that Congress, by joint resolution in 1867, put the whole matter in the hands of the Freedmen’s Bureau.

In two years $6,000,000 was thus distributed to 5000 claimants, and in the end the sum exceeded $8,000,000. Even in this system, fraud was frequent; but