or which white persons are not prosecuted or
punished in the same manner and degree.'"

Mr. Saulsbury having asked whether the Senator believed that General
Grant or the President had any constitutional authority to make such
an order as that, Mr. Trumbull replied: "I am very glad the Senator
from Delaware has asked the question. I answer, he had most ample and
complete authority. I indorse the order and every word of it. It would
be monstrous if the officers and soldiers of the army and loyal
citizens were to be subjected to suits and prosecutions for acts done
in saving the republic, and that, too, at the hands of the very men
who sought its destruction. Why, had not the Lieutenant-General
authority to issue the order? Have not the civil tribunals in all the
region of country to which order applies been expelled by armed rebels
and traitors? Has not the power of the Government been overthrown
there? Is it yet reestablished? Some steps have been taken toward
reestablishing it under the authority of the military, and in no other
way. If any of the State governments recently set up in the rebellious
States were to undertake to embarrass military operations, I have no
doubt they would at once be set aside by order of the Lieutenant-General,
in pursuance of directions from the Executive. These governments which
have been set up act by permission of the military. They are made use
of, to some extent, to preserve peace and order and enforce civil
rights between parties; and, so far as they act in harmony with the
Constitution and laws of the United States and the orders of the
military commanders, they are permitted to exercise authority; but
until those States shall be restored in all their constitutional
relations to the Union, they ought not to be permitted to exercise
authority in any other way.

"I desire the Senator from Indiana to understand that it is under this
war power that the authority of the Freedmen's Bureau is to be
exercised. I do not claim that its officers can try persons for
offenses without juries in States where the civil tribunals have not
been interrupted by the rebellion. The Senator from Indiana argues
against this bill as if it was applicable to that State. Some of its
provisions are, but most of them are not, unless the State of Indiana
has been in rebellion against the Government; and I know too many of
the brave men who have gone from that State to maintain the integrity
of the Union and put d