SEC. 9. Any negro or colored person found drunk within the limits of the town shall be imprisoned and made to labor five days on the public streets, or pay five dollars in lieu of said labor.
SEC. 10. Any negro or colored person not residing in Franklin who shall be found within its corporate limits after the hour of three o'clock p.m. on Sunday without a special written permission from his employer or the mayor, shall be arrested and imprisoned and made to work two days on the public streets, or pay two dollars in lieu of said work.
SEC. 11. All the foregoing provisions apply to negroes or colored persons of both sexes.
SEC. 12. It shall be the special duty of the town constable, under direction of the mayor, to see that all the provisions of this ordinance are faithfully executed.
SEC. 13. Whoever in Franklin shall sell or give to any negro or colored person any intoxicating liquors, or shall exchange or barter for the same with any such negro or colored person, without special permission from the mayor or employer of said negro or colored person, shall, on conviction thereof before the mayor or justice of the peace in and for the seventh ward of the parish of St. Mary, pay a fine of twenty-five dollars and costs of prosecution, and in default of the payment of said fine and costs the person thus offending shall suffer imprisonment in the parish jail for ten days.
A.S. TUCKER, Mayor.
R.W. McMILLAN, Clerk.
Approved: GEO. R. DAVIS, Major Third Rhode Island Cavalry, Commanding Post.
[Telegram.]
New Orleans, August 10, 1865.
The ordinance relative to the "Police of negroes or colored persons within the corporate limits of the town of Franklin," dated Friday, July 28, 1865, and signed by A.L. Tucker, mayor, being in violation of the emancipation proclamation, the orders of the War Department, and the orders of these headquarters, you will prevent their enforcement and arrest any person attempting to carry them out. The negroes are as free as other people. This ordinance, if enforced, would be slavery in substance, which can never be. Attend to this matter with all the vigor at your command. I have consulted General Canby, who concurs with me in the matter.
THOMAS W. CONWAY,
Ass't. Comm. Bureau of Refugees, Freedmen, &c., State of Louisiana_.
Lieutenant S.E. SHEPARD, Provost Marshal, Parish of St. Mary, Brashear City, or Franklin, La.
Official copy:
D.V. FENNO, First Lieutenant and A.A.A. General.
No. 36.
BUREAU REFUGEES, FREEDMEN AND ABANDONED LANDS, OFFICE ASSISTANT COMMISSIONER FOR STATE OF MISSISSIPPI,
Vicksburg, Miss., September 28, 1865.
General: I enclose a copy of the city ordinances. You will see that negroes who sell vegetables, cakes, &c., on the street are required to pay ten dollars ($10) per month for the privilege of doing so.
To illustrate the workings of this ordinance I will give you an actual occurrence in this city.
About a year ago an old negro man named Henderson, crippled with over-work, about seventy years of age, was sent to me for support by the military authorities. I issued him rations for himself and wife, an old negro woman, incapable of doing anything but care for herself. I continued this till about January 1, 1865, when the old man came to me and informed me that if I would allow him to sell apples and cakes to the soldiers on a corner of the street near my office, under a large tree that grew there, he thought he could care for himself and make enough to support himself and wife. I immediately gave him permission and an order to protect him. I had but little faith in his being able to do it, as he was compelled to go on crutches and was bent nearly double, owing to a severe whipping his old master had given him some years ago.
He commenced his work, and, much to my surprise, made enough to support himself, and asked for no more assistance from me.
When the city authorities took charge of the city matters the marshal of the city ordered him to pay the ten dollars per month for the privilege of supporting himself or desist from such trade.
The old man told him that all his profits would not amount to ten dollars per month, and that in some months he did not make that amount of sales, but, as Colonel Thomas provided him with a place to live, he could barely support himself by such trade. The marshal of the city informed him that the tax must be paid by all, and that Colonel Thomas could take care of him, as it was his duty to do so.
The old man came to my office and told me the whole affair. I wrote a letter to the mayor setting forth the whole case, and that the collection of this tax on such old cripples would compel me to support them, as they could not pay the city ten dollars per month and make their support. In fact, ten dollars per month is the common wages for negro labor. The mayor refused to allow the negro to continue his sales, and I was compelled to take charge of him. I would have refused to allow the city authorities to interrupt him had it not been for General Orders No. 10, from headquarters department of Mississippi, allowing the mayor to take charge of such matters.
You will see by the city ordinance that a drayman or hackman must file a bond of five hundred dollars in addition to paying for his license. The mayor requires that the bondsmen shall be freeholders. The laws of this State do not, and never did, allow a negro to own land or hold property. The white citizens refuse to sign any bonds for the freedmen.
The white citizens and authorities say that it is for their interest to drive out all independent negro labor; that the freedmen must hire to white men if they wish to do this kind of work.
I am, general, very respectfully,
SAMUEL THOMAS,
Colonel, Assistant Commissioner Freedmen's Bureau, State of Mississippi.
Major General C. SCHURZ.
Proceedings of the City Council.
At a regular meeting of the board of mayor and council of the city of
Vicksburg, held at the City Hall, on Monday, August 7, 1865: Present—T.J.
Randolph, mayor; Messrs. Stites, Royall, Johnson, Bender, Spengler,
Manlove, and Porterfield, councilmen.
Mr. Stites introduced the following ordinance, which was read; and, on motion of Mr. Bender, the rules were suspended, the ordinance read a second time; and, on motion of Mr. Manlove, the rules were again suspended, the ordinance read a third time by its title, and passed.
Mr. Johnson called for the ayes and noes on the passage of the ordinance, which were taken:
Ayes—Stites, Royall, Bender, Spengler, Manlove, and Porterfield—6.
Nay—Johnson—1.
AN ORDINANCE to raise revenue for the city of Vicksburg.
SEC. 1. That there shall be assessed, levied, and collected upon the landholders, freeholders, and householders of the city of Vicksburg, for the year commencing July 9, 1865, upon the ad valorem worth of all houses, lots and parts of lots, and lands, and on all goods, wares, and merchandise, on all moneys loaned at interest in said city, whether by a resident or nonresident or a corporation, a general tax of fifty cents on every one hundred dollars' value thereof; that said valuation or assessment shall be assessed from the 9th day of July, A.D. 1865, and shall be for one year, but the tax so assessed shall be payable in advance.
SEC. 2. That on all goods, wares, and merchandise, produce, &c., contained or sold on board any flatboat, or other water craft, there shall be assessed, levied, and collected upon the ad valorem worth a general tax of fifty cents on every one hundred dollars' value thereof.
SEC. 3. That there shall be assessed, levied, and collected a poll tax of two dollars upon every male inhabitant of said city over the age of twenty-one years.
SEC. 4. That the rate for license for the houses, business, &c., be assessed as follows, payable as set forth in section 1: On all family groceries, porter-houses, eating-houses, oyster houses, and restaurants, per year $40; on all auction stores, per year, $200; on all public auctioneers, $50; on all banks, brokers, and exchange offices, $500; on all insurance companies having agents in this city, $100; on all express companies, $200; on all wholesale and retail stores and commission houses, $50; on all drays and carts, $20; on all hacks, $25; on all private boarding-houses having ten or more boarders, $20; on all hotels, $100; on all rooms where billiard tables are kept for playing, $200; on all rooms where bagatelle or pigeonhole tables are kept for playing, $25; on all alleys known as ten-pin or nine-pin alleys, $200; on all livery stables, $50; on all wagon yards, $40; on all barber shops, for each chair, $40; on all manufactories of ale, porter, or soda-water per year, $75; on all bakeries, $25; on all theatres, circuses, animal shows, or any public performance or exhibition where compensation is paid in money, each day, $25; on all bar-rooms, or other places where vinous or spirituous liquors are sold in less quantities than one gallon, per year, $500; on all confectionary, fruit or ice cream, soda water or vegetable stores, $50; on all cigar stores, $50; on all shops where fresh meat is sold, $50; on all street peddlers of goods, wares, or merchandise, fruit &c., except from market carts from the country, per month, $10; on all live stock sold in this city, one-half of one per cent, ad valorem.
SEC. 5. That all ordinances in any way conflicting with the provisions of this ordinance be, and the same are hereby, repealed.
SEC. 6. That this ordinance take effect from and after its passage.
Vicksburg, Mississippi, August 7, 1865.
Mr. Stites introduced the following ordinance, which was read; and, on motion of Mr. Bender, the rules were suspended and the ordinance read a second time; and, on motion of Mr. Manlove, the rules were again suspended, the ordinance read a third time by its title, and passed.
AN ORDINANCE to regulate the mode of obtaining licenses within the city of Vicksburg.
SEC. 1. That, before license shall be granted to any one to keep a family grocery, porter-house, oyster-house, eating-house, or restaurant in this city, the person or persons so applying shall execute a bond in the penal sum of $500, with one or more securities, payable to the mayor of the city of Vicksburg and his successors in office, conditioned that he, she, or they will keep an orderly and well-conducted house, and will not permit any riotous or disorderly conduct, or any gaming in or about the same, and will not sell any vinous or spirituous liquors to any one in less quantity than one gallon during the continuance of his or her license.
SEC. 2. That before any person or persons shall be licensed to retail vinous or spirituous liquors within this city, he, she, or they shall produce before the board of mayor and council of said city the written recommendation of five freeholders of his or her neighborhood, setting forth that he or she is of good reputation and a suitable person to receive such license.
SEC. 3. That no license to sell vinous or spirituous liquors as aforesaid shall be delivered to any person until he or she shall have first produced the receipt of the treasurer of the city for the amount of tax assessed for such license, and shall also have executed a bond in the penal sum of $1,000, with one or more good and sufficient sureties, payable to the mayor of the city of Vicksburg and his successor in office, conditioned that he, she, or they will keep an orderly and well-conducted house, and will not permit any riotous or disorderly conduct, or any gaming, in or about the same.
SEC. 4. That the bonds provided for in this ordinance shall be submitted to, and approved by, the board of mayor and council before said license shall be issued.
SEC. 5. That if any person shall retail any vinous or spirituous liquors within this city in less quantity than one gallon without first having procured license to do so, pursuant to the provisions of this ordinance, or in any way violate the provisions of this ordinance, he shall, upon conviction before the mayor of the city, be fined in a sum not less than one hundred nor more than five hundred dollars.
SEC. 6. That before issuing license to any person or persons for the privilege of running a public dray, cart, or hack in this city, the party so applying shall first file with the mayor of the city a bond, with good and sufficient security, to be approved by the mayor, in the penal sum of $500, conditioned for the faithful performance of their duties as public carriers.
SEC. 7. That all ordinances in any way conflicting with the provisions of this ordinance be, and the same are hereby, repealed.
SEC. 8. That this ordinance take effect from and after its passage.
Vicksburg, Mississippi, August 7, 1865
Mr. Johnson introduced the following ordinance, which was read; and on motion of Mr. Manlove, the rules were suspended and the ordinance read a second time; and on motion of Mr. Bender, the rules were again suspended, the ordinance read a third time by its title, and passed:
AN ORDINANCE to amend the market ordinance.
SEC. 1. That from and after the passage of this ordinance it shall not be lawful for any person or persons to sell or expose for sale in the market-house of Vicksburg, after the hour of 9 o'clock a.m., any lemonade, ice-cream, cakes, pies, fruit, or vegetables, or other articles usually sold in market, under the penalty of $10 for each and every offence.
SEC. 2. That it shall not be lawful for any person or persons trading in the market to buy or bargain for, during market hours, or receive from any person or persons not renting a stall in the market, any meat, fish, poultry, butter, eggs, vegetables, or fruits, and offer the same for sale in the market again within ten days, under a penalty of $10 for each and every offence.
SEC. 3. That it shall not be lawful for any person or persons to buy from any person on their way to market, within the city, during market hours, any of the articles named in the second section, or prevent such person from going to market with aforesaid articles, under a penalty of $10 for each and every offence.
SEC. 4. That it shall be the duty of the day police of each ward to arrest and bring before the mayor all persons found violating any section of the above ordinance.
SEC. 5. That all ordinances or parts of ordinances conflicting with this ordinance be, and the same are hereby, repealed.
Mr. Porterfield introduced the following ordinance, which was read; and on motion of Mr. Manlove, the rules were suspended and the ordinance read a second time; and on further motion of Mr. Manlove, the rules were again suspended, the ordinance read a third time by its title, and passed:
AN ORDINANCE regulating ferry-boats, &c.
SEC. 1. That all ferry-boats crossing the Mississippi river and landing in the city limits shall pay the sum of $25 per week.
SEC. 2. That this ordinance shall be in force from and after its passage.
On motion of Mr. Manlove, the following resolution was adopted: Resolved, That hereafter it shall be lawful for the city marshal to charge for prisoners committed to workhouse for board, per day, sixty cents.
On motion of Mr. Spangler, the following resolution was adopted: Resolved, That the city marshal notify the owners of property to have their side-walks and gutters repaired on Washington street, between second corner of East to Depot street, in thirty days; and if not done, the city marshal have it done, at the expense of the property.
On motion of Mr. Manlove, the following resolution was adopted: Resolved, That the mayor be authorized to pay the policemen the amounts due them respectively to date, according to the report by the city marshal.
On motion of Mr. Spangler, the following resolution was adopted: Resolved, That the overseers of street hands' pay shall be $100 per month.
On motion of Mr. Manlove, the following resolution was adopted: Resolved, That the salary of the city marshal shall be $1,200 per annum, the salary of the deputy marshal be $900 per annum, and the salary of the policemen $60 per month, all of which shall be paid monthly.
On motion of Mr. Manlove, the following resolution was adopted: Resolved, That a committee of two be appointed to receive proposals to publish the proceedings of the city council to the third Monday in March next, and also inquire on what terms the city printing can be done, and report to next meeting of this council.
The mayor appointed Messrs. Manlove and Bender on said committee.
On motion of Mr. Bender, the board adjourned till Thursday evening,
August 10, at six o'clock.
T.J. RANDOLPH, Mayor.
No. 37.
FREEDMEN'S BUREAU, STATE OF MISSISSIPPI,
_Office State Superintendent of Education,
Vicksburg, Miss., September_ 28, 1865.
General: At the request of Colonel Thomas, I beg your attention to a few considerations touching the turning over of the care of the freedmen in Mississippi to the State authorities, so far as the transfer bears upon the religious and educational privileges of the colored people. Perhaps no one who has been less engaged in caring for the education and the moral interests of these people can fully appreciate the facts that I intend to lay before you, or understand them as having the intensity of meaning that I see in them.
I have seen a good deal of the people of Mississippi, and have purposely sounded them as to their feelings with regard to the effort to educate the blacks. The general feeling is that of strong opposition to it. Only one person resident in Mississippi before the rebellion has expressed himself to me as in favor of it, and he did not propose to do anything to aid it; and, to show how much his favor was worth, he said he regretted that he was not able to prevent the negroes from having shouting meetings, and that he would keep them from going off the plantation to meeting now if he could, as he formerly did. Aside from this gentleman, every native Mississippian and Irishman with whom I have conversed opposes the instruction of freedmen. Some disguise their opposition by affected contemptuous disbelief of the negro's capacity. All the facts that we can give them, however rich and suggestive, are received with sneering incredulity and the assurance that they know the negroes better than we do. A little persistence in giving this class of men facts disproving their assertions usually makes them angry, and leads them to declare that if the negroes can learn, the greater the damage that will be done them, for the education will do them no good, and will spoil them. Others take this last-mentioned ground at first, and say that a learned negro is a nuisance; for, while he is ignorant, stupid, and loutish, he may be compelled to labor; but as soon as he comes to know something the white people cannot make so profitable use of him.
Some manifest great spite when this subject is mentioned. They say we are trying to make the negro equal with them. Many do not hesitate to say that he ought to be kept uneducated in order that he may not be superior to ignorant white men.
I have discovered that many object to the negro women's being educated lest they should be led to respect themselves, and not so easily be made the instruments of the white man's lust.
The people of Vicksburg have asked Colonel Thomas to prevent the establishment of colored schools within the city—they would probably say, to preserve the peace of the city; but I feel sure it is because the sight of them gives pain. And if their removal ever becomes necessary to the peace of a place, the fact will illustrate public feeling sufficiently.
I have heard more than one person say that he would kill a colored teacher if he ever saw one.
The children of a community generally express the public feeling, and we may usually learn from them what the feeling is, even when the parents, from prudence, seek to conceal it. Children often exaggerate, but they get their bias at home. The children of Mississippi throw stones at colored scholars, and are only restrained by fear from mobbing colored schools.
My memorandum book contains such information as to points in the interior of the State as I can gather from officers, and from any reliable source, to guide me in locating teachers. Some of these memoranda are: "Garrison withdrawn; school impossible." "No resident federal officer; a teacher could not be protected." "People much prejudiced; protection cannot be guaranteed." Such things are said in regard to every place not under northern protection. I think I do not overstate in saying that I do not know a single northern man in Mississippi who supposes a colored school possible where there is no federal sword or bayonet. Some northern men do not regret this fact, perhaps; and this makes their testimony on this point more valuable.
White churches recover their houses of worship which the blacks helped to build, and which they have repaired extensively during the last two years, and remorselessly turn the blacks out without any regard to their rights in equity, their feelings, or their religious interests.
I may state here that there is such a general expression of contempt for negro religion, and such a desire to suppress it, if possible, that it seems as if the whites thought it a piece of terrible impertinence for the blacks to worship the same God that we do. The white people also fear, or affect to fear, that opposition to their plans, and even insurrection, will be hatched at the meetings of colored people. The Nemesis of slavery still holds her whip over them. From this source arise the occasional reports of intended insurrections; and these reports are intended, often, to cause the prevention of meetings, at which the colored people may consult together, and convey information important to them.
In view of all these things, I have no doubt but that, if our protection be withdrawn, negro education will be hindered in every possible way, including obstruction by fraud and violence. I have not the smallest expectation that, with the State authorities in full power, a northern citizen would be protected in the exercise of his constitutional right to teach and preach to the colored people; and shall look for a renewal of the fearful scenes, in which northerners were whipped, tarred and feathered, warned off, and murdered, before the war.
I meant to make this letter shorter, but could not. I hope I need not assure you, general, that I am not conscious that any part of the above comes of enmity to the south. I certainly should rejoice to see my opinion of the state of feeling in Mississippi falsified by patent facts.
I have the honer to be, general, your obedient servant,
JOSEPH WARREN, Chaplain, State Superintendent of Education.
Major General CARL SCHURZ.
No. 39.
OFFICE ASSISTANT COMMISSIONER BUREAU REFUGEES, FREEDMEN AND ABANDONED LANDS FOR STATE OF MISSISSIPPI,
Vicksburg, Mississippi, September 30, 1865.
General: I see by the papers of a late date that Dr. Murdoch, of Columbus, Mississippi, has made a speech at General Howard's office, in which he makes strong promises of the hearty co-operation of his fellow-citizens in the education of the freedmen in the State.
The officer of this bureau at that place, Captain Hubbard, writes that "the citizens of the place are so prejudiced against the negroes that they are opposed to all efforts being made for their education or elevation; that the people will not give rooms, or allow the children of their hired freedmen to attend the schools; that the citizens of the place have written a letter to the officer saying that they would respectfully ask that no freedmen schools be established under the auspices of the bureau, as it would tend to disturb the present labor system, and take from the field labor that is so necessary to restore the wealth of the State." This is signed by half a dozen citizens purporting to represent the people, and certainly gives us a different idea of the case from that stated by Dr. Murdoch.
I am, general, very respectfully,
SAMUEL THOMAS, Colonel, Assistant Commissioner for Mississippi.
Major General CARL SCHURZ.
No. 40.
To the Voters of Wilkinson county:
Fellow-Citizens: When I consented, some days ago, to be a candidate for the State convention, I confess that, with some of my personal friends, I was vain enough to believe that I was sufficiently well known to the people of Wilkinson county to make it unnecessary for me to publish my political creed. But, to my surprise, it is rumored, to the prejudice of my humble claim upon your suffrage, that I am an "unconditional, immediate emancipationist—an abolitionist."
In the freedom of casual, friendly conversation, it is certainly not unreasonable that I may, as any other man, be misunderstood. I cannot think any of my fellow-citizens capable of misrepresenting me purposely. But certain it is I am misunderstood if any man believes me to favor the policy that wrongs and impoverishes my country. It does occur to me, fellow-citizens, that the charity, at least, if not the good sense of those who know me, would contradict any such insinuation. True, I only claim to have done my duty, but my record for the last four years, I trust, is sufficient proof of my fidelity to the interests of the south and all her institutions. Can any man believe me now in favor of, and ready to advocate, the abolition of an institution for which I have contended so long, and which I am as fully persuaded to-day, as ever, was the true status of the negro? Surely not.
But, fellow-citizens,—what I may, in common with you all, have to submit to, is a very different thing. Slavery has been taken from us. The power that has already practically abolished the institution threatens totally and forever to abolish it. But does it follow that I am in favor of this thing? By no means. And, certainly, you who know me will not demand of me any further assurance than my antecedents afford that I will, as your representative, should you elect me, "do all and secure all" I could for the best interest of the State, and the rights and interests of a free people.
I have thought, and have said, and do now repeat, that my honest conviction is, we must accept the situation as it is until we can get control once more of our own State affairs. We cannot do otherwise and get our place again in the Union, and occupy a position, exert an influence, that will protect us against further and greater evils which threaten us. I must, as any other man who votes or holds an office, submit, for the time, to evils I cannot remedy.
I want it distinctly understood that I do not run on "Mr. Burruss's platform," or any other man's, save my own.
Should you send me to the convention I will go committed, as I think an honest man can only commit himself, i. e., according to my best judgment, and with an intention to guard all the blessings we now enjoy, to the extent of my ability, exert myself, as I have said, to secure all I can for the interest of our State. If I cannot be trusted, then choose some other man, who may have shown himself hitherto, and is now, more truly your friend, and who is, in your judgment, more capable of representing you.
W.L. BRANDON.
Wilkinson County, August 6.
No. 41.
OFFICE ACTING ASSISTANT COMMISSIONER BUREAU FREEDMEN, &c., FOR SOUTHERN
DISTRICT OF MISSISSIPPI,
Natchez, Miss., September 25, 1865.
General: In obedience to your request, I have the honor to submit the following as the result of my observations during the past year among freedmen:
The opinion and feeling among the negroes throughout this district, comprising the counties of Claiborne, Copiah, Lawrence, Covington, Jones, Wayne, Jefferson, Franklin, Pike, Marion, Perry, Greene, Adams, Wilkinson, Amite, Hancock, Harrison, and Jackson, and Concordia and Teusas parishes, Louisiana, are almost unanimous on one point, viz: they will remain this year on their old places for a support, and such remuneration as the crop raised can give them, but next year they will leave and make other arrangements. They say that they have tried their old masters, know what they require, and how they will be treated, and that, as they are now free, they will try some other place and some other way of working. They take this view not because they are tired of work, or because they want to be idle, but because they are free, and want to find out in what their freedom consists.
To contend with the results of this opinion will be the great work flung upon the hands of some one next year. And not only will they have to see that the laborers are properly settled, but they must provide for the crippled, the helpless and the children. The planters cannot be made to support those who are too feeble to give any return, and who only remain because they are too old or too young to get away. What, then, is to become of them?
As to those who can labor, there will be no difficulty—the demand for laborers will far exceed the supply. The great trouble will be to keep the negro in the State, and to provide assistance for those who are unable to take care of themselves. Another want to be provided for is that of education. If we are to have good, industrious, and law-abiding people, we must provide some means for their education. It is intended to place a teacher in every town in which schools can be established and protected. From conversations with intelligent citizens, whom I feel assured, represent the feelings of a large class of people, I think that for some time the equality of negroes and whites before the law, as regards testimony, will be merely an equality in name.
Citizens say that their legislature may, and probably will, make laws receiving the testimony of negroes in all cases, as a means of inducing the government to re-admit them to a full exercise of their State jurisdiction and representation, but that no southern jury can ever be found that, when it comes to a case where twenty negroes testify one way, and two white men testify the other, will not decide in favor of the white, and virtually throw out the negro testimony. Of course this matter of testimony will settle itself with time, and a negro's word obtain the same credit from his individual character as among whites, for the whites, having cases that they are dependent upon negro testimony for, will in the course of time be brought by their own interests to take and demand the full benefit of the law; but for some time, although legally admitted, it will in fact be excluded.
The report of Captain Warren Peck, a copy of which I have the honor to enclose, gives a very fair view of what the result would be, were the officers of this bureau removed.
When I took charge here I found a perfect state of terror among whites and blacks; but now that officers are thickly distributed over the district, complaints are few, and the laborers are well, and, so far as possible, comfortably fixed for this year. Out of a negro population of over 75,000, only 649 receive rations from the government as destitutes.
I feel no hesitation in saying that it is imperatively necessary to give the system of free labor a fair trial, and to secure to the freedmen all the benefits contemplated by the emancipation proclamation; that officers or agents should be retained whose duty it is to look after the interests of this large class of people, and see that they are gradually accustomed to manage their own business and protect their own interests.
I have the honor to be, general, very respectfully, your obedient servant,
GEORGE D. REYNOLDS, Major 6th United States Colored Heavy Artillery, and Acting Assistant Comm. Bureau of Freedmen, &c., Southern Dist. of Mississippi.
Major General CARL SCHURZ.
No. 42.
HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,
Jackson, Miss., August 21, 1865.
Captain: I have the honor to enclose copies of a notice to form companies in this and a neighboring county, and of my letter to Governor Sharkey in reference to this matter. In a discussion which I had with the governor he told me that it was his intention to raise a company of militia in every county of the State, in accordance with the militia law of Mississippi, mainly for the purpose of suppressing any acts of violence which the negroes may attempt to commit during next winter. I called the attention of the governor to the fact that the docket, until this day, exhibits only the name of white criminals, and that all information proves that almost all the cases of robbery, murder, &c., were brought in connexion with young men in the country lately returned from military service—just the very same men who, in all probability, would join the intended meetings to form companies of militia.
The result of the organization of such companies, while the State is occupied by United States troops, mostly colored, cannot be doubted—the heterogeneous element must clash and bring about a state of affairs which certainly would prove detrimental to the peace and best interests of the State.
Governor Sharkey tells me that he has applied to President Johnson for authority to raise the militia, and that he would inform me of any decision he may receive from Washington; in the mean time I consider it my duty to take action as communicated in my letter, and respectfully request the approval of the major general commanding department. Very respectfully, your obedient servant,
P. JOS. OSTERHAUS, Major General Volunteers.
Captain J. WARREN MILLER, A.A. General, Department of Mississippi.
Official copy:
W.A. GORDON, A.A. General.
EXECUTIVE OFFICE, Jackson, Miss., August 19, 1865.
Information having reached me that parties of bad men have banded together in different parts of the State for the purpose of robbing and plundering, and for violating the law in various ways, and that outrages of various kinds are being perpetrated, and the military authorities of the United States being insufficient to protect the people throughout the entire State, I do therefore call upon the people, and especially on such as are liable to perform military duty, and are familiar with military discipline, to organize volunteer companies in each county in the State, if practicable, at least one company of cavalry and one of infantry, as speedily as possible, for the detection of criminals, the prevention of crime, and the preservation of good order. And I urge upon these companies, when formed, that they will be vigilant in the discharge of these duties. These companies will be organized under the law in relation to volunteer companies as contained in the Revised Code, and the amendment thereto, passed on the 10th of February, 1860, except that as soon as the proper number shall volunteer, the election for officers may take place immediately and without further order, and commissions will be issued as soon as returns are received, and the election may be held by any justice of the peace. I most earnestly call upon the young men of the State, who have so distinguished themselves for gallantry, to respond promptly to this call, which is made in behalf of a suffering people.
It will be the duty, as I hope it will be the pleasure, of these companies to pursue and apprehend all offenders against law, and by vigilance to prevent crime, to aid the civil authorities, and to contribute all in their power to the restoration of good order in the community. Arms will be procured, if possible, for such as may not have them, but I would advise an immediate organization with such arms as can be procured.
Given under my hand and the great seal of State affixed.
W.L. SHARKEY, Provisional Governor of Mississippi.
By the Governor:
JOHN H. ECHOLS, Secretary of State.
HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,
Jackson, Miss., August 22, 1865.
Captain: I have the honor to enclose copy of a letter received from Governor Sharkey in reply to my communication of yesterday, copy of which was sent you by last courier. The governor's proclamation, raising troops in the whole State, changes the status of things, as it no longer belongs to the limits of my district, but to the department; and, consequently, I desist from all further action in the matter until your instructions have come to hand.
In regard to the robberies, I will state that not a single regular stage, between Big Black and Jackson, has been earnestly interfered with; they were permitted to run, without molestation, while the "robbers" operated against a Massachusetts schoolmaster, some darkies, and the government messengers; not a house was entered in the vicinity of the field of operations, not an inhabitant robbed. All "home institutions" are apparently safe. The inference is natural that these highway men are guerillas in the true sense of the word, and are waging a war against the "invaders." The governor admits, very candidly, that he knows that the people are reluctant to give aid to me by imparting information. Several persons who were halted by the "robbers," but released with the excuse that they were stopped by mistake, refused flatly to give any name, of the party they were stopped by, but declared to know them.
You know, captain, that certain parties have importuned the governor, from the beginning, to raise the militia; and, as there was no cause for such a measure before, it probably was thought expedient to get up some cause for the desired purpose. Now we have the "robberies"—they are very one-sided and extraordinary—but they furnished the cause so badly wanted. The governor is confident that a few squads of young men, armed with fowling-pieces and the omnipresent revolvers, can suppress all irregularities, which the utmost vigilance and constant exertion of a large number of United States troops failed to suppress!
I must state yet that the parties arrested under suspicion of participating in the described robberies are young men lately connected with the rebel army. There is no doubt on my mind that the young men "who steal the despatches from our messengers" will become good members of the intended militia.
With great respect, your obedient servant,
P. JOS. OSTERHAUS, Major General Volunteers.
Captain J. WARREN MILLER, A.A. General, Department of Mississippi.
Official copy:
W.A. GORDON, A.A. General.
HEADQUARTERS NORTHERN DISTRICT OF MISSISSIPPI,
Jackson, Miss., August 21, 1865.
Sir: A notice appears in yesterday's paper, over the signature of Lamar Fontaine, calling on the young men of Hinds and Madison counties to meet at Cooper Wells and at Livingstone, respectively, on the 22d and 24th instant, for the purpose of organizing companies and electing officers.
The notice creates the impression that some kind of military organization is intended, and in that event I would beg leave to call your attention to the fact that the State of Mississippi is under occupation, and that martial law is still in force, and that no military organizations can be tolerated which are not under the control of the United States officers. I am, therefore, in duty bound and compelled to prevent and prohibit all military organization not recognized as a portion of the United States forces, unless they are formed under special authority of the War Department, or the major general commanding the department of Mississippi.
I can assure your excellency that the number of troops in the counties of Hinds and Madison is amply sufficient to give the civil authorities all the assistance they may possibly need, and the means at my disposal are amply sufficient to stop all crime, provided the civil authorities will co-operate sincerely with the military commanders, and furnish information promptly and voluntarily, as the public peace and safety require them to do.
I respectfully request that you will communicate the tenor of this communication to Mr. Fontaine.
Believe me, with great esteem, your excellency's obedient servant,
P. JOS. O'STERHAUS, Major General Volunteers.
His Excellency Hon. W.L. SHARKEY, Provisional Governor of Mississippi.
Official copy:
W.A. GORDON, A.A.G.
EXECUTIVE OFFICE, Jackson, Miss., August 22, 1865.
General: I have the honor to acknowledge the receipt of your communication of yesterday, in which you call my attention to the fact that the State of Mississippi is still under military occupation, and that martial law is still in force, and that no military organizations can be tolerated which are not under the control of United States officers; and you add that you will feel bound to prevent such organizations, and you also assure me that you have sufficient troops in the counties of Hinds and Madison to aid the civil authorities. This last remark was made by you with reference to a particular organization which has been proposed in those counties. I have, however, issued a general order on this subject, a copy of which I hand you, regretting that you have felt yourself compelled to take this view of the subject, and I know you are prompted by a sense of duty. I beg to remind you that for twelve or fifteen consecutive nights passengers travelling in the stage between here and Vicksburg have been robbed, and these things have occurred within twelve or fifteen miles of your own headquarters. I would not be understood as reflecting in the slightest degree on you. I know you have every desire to prevent such occurrences, and will use every means in your power to do so, and to arrest the culprits. I know, too, that the people are reluctant to give you aid by imparting information to you, but, in addition to these robberies, information daily reaches me of the perpetration of outrages, committed in various ways in distant parts of the—State where you have no military force. The people are calling on me for protection, which I cannot give them under existing circumstances, and it was to give them relief that the military organizations have been ordered. If further justification be necessary, I may add in the last interview I had with the President, in speaking of anticipated troubles, he distinctly stated to me that I could organize the militia if it should become necessary. I think the necessity is now manifest, and therefore claim the authority of the President of the United States for my action. It was precisely under this authority that in my proclamation of the 1st of July I called upon the people in unprotected counties to organize for their security. I will also state that the President has been apprised of what I am doing in this respect, and when he shall change his instructions I will, of course, yield obedience; but until he shall do so, I shall feel it to be my duty to carry out the line of policy I have adopted. I need scarcely assure you, general, that this is not in any sense a hostile demonstration, and feel quite sure no evil can result from it. Mississippi has spoken too plainly in her convention to leave any doubt about her future purposes.
Believe me, with great respect, your most obedient servant,
W.L. SHARKEY, Provisional Governor of Mississippi.
Major General P. Jos. OSTERHAUS.
Official copy:
W.A. GORDON, A.A.G.
No. 43.
OFFICE ACTING ASSISTANT COMMISSIONER FREEDMEN'S BUREAU
FOR NORTHERN DISTRICT OF MISSISSIPPI,
Jackson, Miss., September 28, 1865.
Major: In compliance with your request desiring me to furnish you a list of crimes and assaults against freedmen, I have the honor to report that on or about the 18th day of August, 1865, Matilda, a colored woman, was murdered by one J.H. Kiley and son, in Newton county, in this State, for simply remonstrating against whipping her son. Lucinda, a colored woman, in Yalobusha county, was stripped naked, tied to a tree, and severely whipped by three men, names unknown. In the county of Holmes, between the 5th and 15th days of September, 1865, five negroes were murdered; names of the perpetrators unknown. In Simpson county, about the 1st of August, a father and his two sons cruelly whipped and abused a colored woman in their employ. Near Lauderdale Springs, Castwell Eads, a citizen, by his own statement, shot and wounded a colored man for simply refusing to obey his command, halt! while he was running from him after being cruelly whipped. In Smith county, S.S. Catchings, a citizen, followed a colored man, who had left his plantation, overtook him, knocked him down, and beat him brutally.
These are all the cases of which I have detailed accounts, none but general reports having yet been received from the agents. These indicate that cruelty is frequently practiced.
I am, sir, very respectfully, your obedient servant,
E.S. DONALDSON, Lieutenant Colonel, Acting Assistant Commissioner.
Major W.A. GORDON, Assistant Adjutant General.
No. 44.
Savannah, Ga., August 1, 1865.
General: In answer to your question with regard to free labor at the South, and particularly the way in which the contract system is viewed by persons who were formerly slaveholders, I would state that these persons accept the present condition of affairs as an alternative forced upon them, believing still that the emancipation of their slaves was a great blunder, and that slavery is the only system by which the colored laborer can be made profitable to his employer.
Within this district the plantation contracts now in force were entered into just subsequent to the arrival of the army, and when it was impossible for planters to undertake the care of their plantations. The negroes, therefore, planted for themselves, promising the owner a fair proportion of the crop as rent for the use of the land.
Now, however, the matter comes up in a different shape. Owners have returned, and it is necessary to make arrangements for the next season. Most of them complain and find fault with the government, and remain inactive. So long as the military form prevails they seem to submit and to conform to present requirements, but at heart they are unfriendly. Some few, however, ask of us what we are going to do with the negro, and what provision will be made with regard to labor. There is nothing in their conduct that betokens sympathy with our movements, or a desire to co-operate with us earnestly in our work. The rebel spirit is as bitter as ever in the minds of the southern people. To return to the old customs is now their effort, and step by step they would take us back to where we were when the war broke out. They will contract with the freedmen, not because they prefer to, but because they are obliged to, and so long as the authority of the United States is present for the protection of all parties, and to compel a faithful performance, the agreement will be carried out; but should the army be withdrawn, the freedmen would virtually be reduced to slavery, and freedom-loving men would find a southern residence unsafe.
I think the negro is disposed to fulfil his contract, and in cases where it has seemed otherwise, the other party has often been at fault.
While I have met a few planters who seem to realize that emancipation is a fixed fact, and that they must make the most of present circumstances, by resorting to the only means by which labor can now be obtained, (the contract system,) I have found scarcely one who will enter into the matter with any kind of sympathy, or with either the belief or the hope that our plans will eventually succeed, for they feel keenly that the success of those plans will prove the foolishness of slavery.
The coming year will produce a change of opinion at the South, I think, if by thorough supervision we secure protection to free labor.
I am, general, very respectfully, your obedient servant,
A.P. KETCHUM.
Major General CARL SCHURZ.
LETTER OF GENERAL GRANT CONCERNING AFFAIRS AT THE SOUTH.
HEADQUARTERS ARMIES OF THE UNITED STATES,
Washington, D.C., December 18, 1865.
Sir: In reply to your note of the 16th instant, requesting a report from me giving such information as I may be possessed of coming within the scope of the inquiries made by the Senate of the United States in their resolution of the 12th instant, I have the honor to submit the following:
With your approval, and also that of the honorable Secretary of War, I left Washington city on the 27th of last month for the purpose of making a tour of inspection through some of the southern States, or States lately in rebellion, and to see what changes were necessary to be made in the disposition of the military forces of the country; how these forces could be reduced and expenses curtailed, &c.; and to learn, as far as possible, the feelings and intentions of the citizens of those States towards the general government.
The State of Virginia being so accessible to Washington city, and information from this quarter, therefore, being readily obtained, I hastened through the State without conversing or meeting with any of its citizens. In Raleigh, North Carolina, I spent one day; in Charleston, South Carolina, two days; Savannah and Augusta, Georgia, each one day. Both in travelling and whilst stopping I saw much and conversed freely with the citizens of those States as well as with officers of the army who have been stationed among them. The following are the conclusions come to by me.
I am satisfied that the mass of thinking men of the south accept the present situation of affairs in good faith. The questions which have heretofore divided the sentiment of the people of the two sections—slavery and State rights, or the right of a State to secede from the Union—they regard as having been settled forever by the highest tribunal—arms—that man can resort to. I was pleased to learn from the leading men whom I met that they not only accepted the decision arrived at as final, but, now that the smoke of battle has cleared away and time has been given for reflection, that this decision has been a fortunate one for the whole country, they receiving like benefits from it with those who opposed them in the field and in council.
Four years of war, during which law was executed only at the point of the bayonet throughout the States in rebellion, have left the people possibly in a condition not to yield that ready obedience to civil authority the American people have generally been in the habit of yielding. This would render the presence of small garrisons throughout those States necessary until such time as labor returns to its proper channel, and civil authority is fully established. I did not meet any one, either those holding places under the government or citizens of the southern States, who think it practicable to withdraw the military from the south at present. The white and the black mutually require the protection of the general government.
There is stick universal acquiescence in the authority of the general government throughout the portions of country visited by me, that the mere presence of a military force, without regard to numbers, is sufficient to maintain order. The good of the country, and economy, require that the force kept in the interior, where there are many freedmen, (elsewhere in the southern States than at forts upon the seacoast no force is necessary,) should all be white troops. The reasons for this are obvious without mentioning many of them. The presence of black troops, lately slaves, demoralizes labor, both by their advice and by furnishing in their camps a resort for the freedmen for long distances around. White troops generally excite no opposition, and therefore a small number of them can maintain order in a given district. Colored troops must be kept in bodies sufficient to defend themselves. It is not the thinking men who would use violence towards any class of troops sent among them by the general government, but the ignorant in some places might; and the late slave seems to be imbued with the idea that the property of his late master should, by right, belong to him, or at least should have no protection from the colored soldier. There is danger of collisions being brought on by such causes.
My observations lead me to the conclusion that the citizens of the southern States are anxious to return to self-government, within the Union, as soon as possible; that whilst reconstructing they want and require protection from the government; that they are in earnest in wishing to do what they think is required by the government, not humiliating to them as citizens, and that if such a course were pointed out they would pursue it in good faith. It is to be regretted that there cannot be a greater commingling, at this time, between the citizens of the two sections, and particularly of those intrusted with the law-making power.
I did not give the operations of the Freedmen's Bureau that attention I would have done if more time had been at my disposal. Conversations on the subject, however, with officers connected with the bureau, lead me to think that, in some of the States, its affairs have not been conducted with good judgment or economy, and that the belief, widely spread among the freedmen of the southern States, that the lands of their former owners will, at least in part, be divided among them, has come from the agents of this bureau. This belief is seriously interfering with the willingness of the freedmen to make contracts for the coming year. In some form the Freedmen's Bureau is an absolute necessity until civil law is established and enforced, securing to the freedmen their rights and full protection. At present, however, it is independent of the military establishment of the country, and seems to be operated by the different agents of the bureau according to their individual notions. Everywhere General Howard, the able head of the bureau, made friends by the just and fair instructions and advice he gave; but the complaint in South Carolina was that when he left, things went on as before. Many, perhaps the majority, of the agents of the Freedmen's Bureau advise the freedmen that by their own industry they must expect to live. To this end they endeavor to secure employment for them, and to see that both contracting parties comply with their engagements. In some instances, I am sorry to say, the freedman's mind does not seem to be disabused of the idea that a freedman has the right to live without care or provision for the future. The effect of the belief in division of lands is idleness and accumulation in camps, towns, and cities. In such cases I think it will be found that vice and disease will tend to the extermination or great reduction of the colored race. It cannot be expected that the opinions held by men at the south for years can be changed in a day, and therefore the freedmen require, for a few years, not only laws to protect them, but the fostering care of those who will give them good counsel, and on whom they rely.
The Freedmen's Bureau being separated from the military establishment of the country, requires all the expense of a separate organization. One does not necessarily know what the other is doing, or what orders they are acting under. It seems to me this could be corrected by regarding every officer on duty with troops in the southern States as an agent of the Freedmen's Bureau, and then have all orders from the head of the bureau sent through department commanders. This would create a responsibility that would secure uniformity of action throughout all the south; would insure the orders and instructions from the head of the bureau being carried out, and would relieve from duty and pay a large number of employees of the government.
I have the honor to be, very respectfully, your obedient servant,
U.S. GRANT, Lieutenant General.
His Excellency ANDREW JOHNSON, President of the United States.