["Circular No. 5.]

"WAR DEPARTMENT,

"_Bureau Refugees, Freedmen, and Abandoned Lands, Washington, May_ 30, 1865.

"RULES AND REGULATIONS FOR a.s.sISTANT COMMISSIONERS.

"VII. In all places where there is an interruption of civil law, or in which local courts, by reason of old codes, in violation of the freedom guaranteed by the proclamation of the President and laws of Congress, disregard the negro's right to justice before the laws, in not allowing him to give testimony, the control of all subjects relating to refugees and freedmen being committed to this bureau, the a.s.sistant commissioners will adjudicate, either themselves or through officers of their appointment, all difficulties arising between negroes and whites or Indians, except those in military service, so far as recognizable by military authority, and not taken cognizance of by the other tribunals, civil or military, of the United States.

"O.O. HOWARD, _Major General_, _Commissioner Bureau of Refugees, Freedmen, &c._

"Approved June 2, 1865.

"ANDREW JOHNSON, "President of the United States."

["General Orders No. 10.]

"HEADQUARTERS DEPARTMENT OF MISSISSIPPI,

"_Vicksburg, Mississippi, August_ 3, 1865.

"VII. This order, (Circular No. 5, paragraph VII, Bureau Refugees, Freedmen, and Abandoned Lands,) however, must not be so construed as to give the colored man immunities not accorded to other persons. If he is charged with the violation of any law of the State, or an ordinance of any city, for which offence the same penalty is imposed upon white persons as upon black, and if courts grant to him the same privileges as are accorded to white men, no interference on the part of the military authorities will be permitted. Several instances have recently been reported in which military officers, claiming to act under the authority of the order above mentioned, have taken from the custody of the civil authorities negroes arrested for theft and other misdemeanors, even in cases where the courts were willing to concede to them the same privileges as are granted to white persons. These officers have not been governed by the spirit of the order. The object of the government is not to screen this cla.s.s from just punishment--not to encourage in them the idea that they can be guilty of crime and escape its penalties, but simply to secure to them the rights of freemen, holding them, at the same time, subject to the same laws by which other cla.s.ses are governed.

"By order of Major General Sloc.u.m:

"J. WARREN MILLER, "_a.s.sistant Adjutant General_."

In accordance with this order, where the judicial officers and magistrates of the provisional government of this State will take for their mode of procedure the laws now in force in this State, except so far as those laws make a distinction on account of color, and allow the negroes the same rights and privileges as are accorded to white men before their courts, officers of this bureau will not interfere with such tribunals, but give them every a.s.sistance possible in the discharge of their duties.

In cities or counties where mayors, judicial officers, and magistrates will a.s.sume the duties of the administration of justice to the freedmen, in accordance with paragraph VII, Circular No. 5, issued from the Bureau of Refugees, Freedmen, and Abandoned Lands, and approved by the President, and will signify their willingness to comply with this request by a written acceptance addressed to the a.s.sistant commissioner for the State, no freedmen courts will be established, and those that may now be in existence in such localities will be closed.

It is expected that the officers of this bureau will heartily co-operate with the State officials in establishing law and order, end that all conflict of authority and jurisdiction will be avoided.

By order of Colonel Samuel Thomas, a.s.sistant commissioner Freedmen's Bureau for State of Mississippi.

STUART ELDRIDGE, _Lieutenant, Acting a.s.sistant Adjutant General_.

I have written to Governor Sharkey, and explained to him how this order can be put in force in this State, and will do all I can to secure its success, and to aid the civil authorities to discharge their duties. I presume the legislature of this State, which is to meet in October, will take up this matter immediately, and arrange some plan by which the State authorities can take complete charge of freedmen affairs, and relieve the officers of this bureau. There is a jealousy of United States officers existing among the State officials that makes it disagreeable to perform any duty which is liable to conflict with their authority.

When General Howard's Circular No. 5 was issued, I thought it was the intention that military courts should be established for the purpose of taking the administration of justice among the freedmen out of the hands of their old masters, and placing it under the control of their friends for a short time--until the citizens of the south were reconciled to the change, and until their feeling of hatred for their former slaves had abated; that a complete restoration of rights, privileges, and property was to come after a period of probation, in which they should give some evidence of their changed feelings. I have thought much on this subject, have watched the development of feeling among the southern people, and am satisfied that the time for such a restoration has not yet arrived.

The order of General Swayne and the proclamation of General Parsons are unexceptionable in form. If justice to the freedmen can be secured by the means indicated in these doc.u.ments, and if the process be not too expensive, and if ruinous delays be not allowed, then, it may be, all this movement will be good. But it seems to me that so delicate a matter cannot be smoothly managed in the present temper of Mississippi.

I am aware that it is the policy of the government; that we must trust these people some time; that the establishment of the Freedman's Bureau is (as soon as martial law is withdrawn) a violation of the spirit both of the State and federal const.i.tutions; that the officers of the bureau have no interest in common with the white citizens of the State, and that the bureau is an immense expense to the general government, which should be abolished as soon as compatible with the public interest.

Yet, I feel that we are in honor bound to secure to the helpless people we have liberated a "republican form of government," and that we betray our trust when we hand these freed people over to their old masters to be persecuted and forced to live and work according to their peculiar southern ideas. It seems to me that we are forgetting the helpless and poor in our desire to a.s.sist our subjugated enemies, and that we are more desirous of showing ourselves to be a great and magnanimous nation than of protecting the people who have a.s.sisted us by arms, and who turned the scale of battle in our favor. We certainly commit a wrong, if, while restoring these communities to all their former privileges as States, we sacrifice one jot or t.i.ttle of the rights and liberties of the freedmen.

The mayor of this city has had complete charge of all munic.i.p.al affairs since the issue of General Sloc.u.m's Order 10, (quoted in the order I have before given.) He has been compelled to admit negro testimony by the provisions of that order. In cases that come before him, when it is necessary to admit it he goes through the form of receiving it, but I have yet to hear of one instance where such evidence affected his decision. The testimony of one white man outweighs (practically) that of any dozen freedmen.

The admission of negro testimony will never secure the freedmen justice before the courts of this State as long as that testimony is considered valueless by the judges and juries who hear it. It is of no consequence what the law may be if the majority be not inclined to have it executed. A negro might bring a suit before a magistrate and have colored witnesses examined in his behalf, according to provisions of general orders and United States law, and yet the prejudices of the community render it impossible for him to procure justice. The judge would claim the right to decide whether the testimony was credible, and among the neighbors that would surround him, in many places, he would be bold, indeed, if he believed the sworn evidence of a negro when confronted by the simple a.s.sertion or opposed even to the interest of a white man. I recently heard a circle of Mississippians conversing on this subject. Their conclusion was, that they would make no objection to the admission of negro testimony, because "no southern man would believe a n.i.g.g.e.r if he had the dammed impudence to testify contrary to the statement of a white man." I verily believe that in many places a colored man would refuse, from fear of death, to make a complaint against a white man before a State tribunal if there were no efficient military protection at hand.

Wherever I go--the street, the shop, the house, the hotel, or the steamboat--I hear the people talk in such a way as to indicate that they are yet unable to conceive of the negro as possessing any rights at all.

Men who are honorable in their dealings with their white neighbors will cheat a negro without feeling a single twinge of their honor. To kill a negro they do not deem murder; to debauch a negro woman they do not think fornication; to take the property away from a negro they do not consider robbery. The people boast that when they get freedmen affairs in their own hands, to use their own cla.s.sic expression, "the n.i.g.g.e.rs will catch h.e.l.l."

The reason of all this is simple and manifest. The whites esteem the blacks their property by natural right, and however much they may admit that the individual relations of masters and slaves have been destroyed by the war and by the President's emanc.i.p.ation proclamation, they still have an ingrained feeling that the blacks at large belong to the whites at large, and whenever opportunity serves they treat the colored people just as their profit, caprice or pa.s.sion may dictate.

Justice from tribunals made up among such people is impossible. Here and there is a fair and just man. One in a hundred, perhaps, sees the good policy of justice; but these are so few that they will not, at present, guide public sentiment. Other States may, in this matter, be in advance of Mississippi; I suspect they are. If justice is possible, I feel sure they are.

I fear such tribunals would be very expensive for the poor freedmen. Fees are heavy in this State. Unless they can get justice inexpensively, we might as well deny them all remedy before courts at once. Indeed, I think that would be rather more merciful than the arrangement proposed, as they would then trust n.o.body, and would be less defrauded. Long delays in the course of procedure would be ruinous to most of them. How could a freedman appeal a suit for wages, or respond adequately to an appeal, when he is starving for want of the very wages which are withheld from him?

It may be claimed that officers of the bureau can watch such cases and see that justice is done the freedman. I say they cannot do it. Political power is against him, and will destroy any officer who fearlessly does his duty in this way. He will be charged with interference with the civil authority, with violating some const.i.tution or some code; his acts will be so twisted and contorted before they reach Washington, that he will get nothing for his pains but censure and dismissal.

I can say without fear of contradiction, that there has not occurred one instance of interference with civil authorities on the part of military officers in this State, unless they saw first that every law of justice was violated to such an extent as to arouse the indignation of any man born in a country where human beings have an equal right to justice before the tribunals of the land. Yet, if I am not mistaken, there is a growing impression, supported by this same political power in the south, that the officers in this State are tyrannical, meddlesome, and disposed to thwart the faithful efforts of the n.o.ble white people to reorganize the State.

Many delegations of the citizens of this State have visited Washington for the purpose of getting their property returned, or of obtaining some other favor. They, in order to accomplish their desire, represent the feeling of their friends at home as very cordially disposed toward the United States government, and say that they all acquiesce in the freedom of the negroes.

A little examination into the condition of affairs in this State will show that this is not the case, and that what the people do is only done in order that they may be restored to power so as to change the direction in which affairs are tending. I am afraid the profuse loyalty of the delegations to Washington is being taken as the sentiment of the ma.s.ses, and is directing legislation and policy.

It is idle to talk about these people working out this negro problem.

People who will not admit that it is best, or even right, to educate the freedmen, are not the proper persons to be intrusted with the administration of justice to them. I have no hesitation in saying, that if the question of educating the colored people were to-day submitted to the whites of this State, they would vote against it in a body. Nine-tenths of the educated and refined cla.s.s, who are supposed to have higher and n.o.bler feelings, would vote against it.

I have been called on by persons of this cla.s.s, and asked to suppress the religious meetings among the colored people because they made so much noise! When I remonstrate with them and talk of religious freedom, and of the right of all to worship G.o.d in the manner most suited to their convictions of right, these gentlemen hold up their hands in horror at the idea. What would magistrates selected from these people do in reference to such complaints? Suppress the meeting, of course.

A similar and much stronger prejudice exists against the establishment of schools for the negro's benefit. If federal bayonets were to-day removed from our midst, not a colored school would be permitted in the State. The teachers, perhaps, would not be tarred and feathered and hung, as they would have been in old times, but ways and means innumerable would present themselves by which to drive them out.

The white citizens both of Vicksburg and Natchez have requested me not to establish freedmen schools inside their city limits, yet over one-half the population of these cities is composed of freed people--the cla.s.s who are doing the work, toiling all day in the sun, while the white employers are reaping the benefit of their labor through superior knowledge, and are occupying their elegant leisure by talking and writing constantly about the demoralization of negro labor--that the negro won't work, &c.

It is nonsense to talk so much about plans for getting the negroes to work. They do now and always have done, all the physical labor of the south, and if treated as they should be by their government, (which is so anxious to be magnanimous to the white people of this country, who never did work and never will,) they will continue to do so. Who are the workmen in these fields? Who are hauling the cotton to market, driving hacks and drays in the cities, repairing streets and railroads, cutting timber, and in every place raising the hum of industry? The freedmen, not the rebel soldiery. The southern white men, true to their instincts and training, are going to Mexico or Brazil, or talk of importing labor in the shape of Coolies, Irishmen--anything--anything to avoid work, any way to keep from putting their own shoulders to the wheel.

The ma.s.s of the freedmen can and will support themselves by labor. They need nothing but justice before the courts of the land, impartial judges and juries, to encourage them in well-doing, or punish them for the violation of just laws, a chance to own the land and property they can honestly obtain, the free exercise of their right to worship G.o.d and educate themselves, and--let them alone.

The delegates to Washington think that it is their duty, peculiarly, to see the President and arrange the affairs of the negro. Why don't they attend to their own business, or make arrangements for the working of the disbanded rebel army in the cotton fields and workshops of the south?

There are to-day as many houseless, homeless, poor, wandering, idle white men here as there are negroes in the same condition, yet no arrangements are made for their working. All the trickery, chicanery and political power possible are being brought to bear on the poor negro, to make him do the hard labor for the whites, as in days of old.

To this end the ma.s.s of the people are instinctively working. They steadily refuse to sell or lease lands to black men. Colored mechanics of this city, who have made several thousand dollars during the last two years, find it impossible to buy even land enough to put up a house on, yet white men can purchase any amount of land. The whites know that if negroes are not allowed to acquire property or become landholders, they must ultimately return to plantation labor, and work for wages that will barely support themselves and families, and they feel that this kind of slavery will be better than none at all.

People who will do these things, after such a war, and so much misery, while federal bayonets are yet around them, are not to be intrusted with the education and development of a, race of slaves just liberated.

I have made this letter longer than it should have been, and may have taxed your patience, yet I do not see how I could have said less, and expressed my views on the subject.

I am, general, very respectfully, your obedient servant,

SAMUEL THOMAS, Colonel, a.s.sistant Commissioner B.R.F. and A.L.

for Mississippi and N.E. Louisiana.

General CARL SCHURZ.