Freed persons; Reconstruction (U.S. history, 1865-1877); Southern States -- Politics and government -- 1865-1950
You are aware that some time ago General Swayne, commissioner of the
Freedmen's Bureau for Alabama, constituted the civil officers of the
provisional government of that State commissioners of the bureau for
hearing and deciding all cases in which freedmen were parties, provided no
invidious distinctions in receiving testimony, punishment, &c., were made
between blacks and whites. Governor Parsons, of Alabama, approved of the
arrangement, and urged the State officials to comply with the condition,
and thus do away with the necessity for military courts in connexion with
freedmen affairs. I have no doubt I could have induced the governor of
Mississippi to take the same action had I thought it the policy of the
government. I was under the impression that General Swayne had made a
mistake, and that he would defeat the very objects for which the bureau
was laboring. I thought the citizens were not to be trusted with freedmen
affairs until they had given some strong evidence that they were prepared
to accept the great change in the condition of the freedmen. I had not the
least idea that such a limited control as General Swayne now has would
accomplish what the authorities desired. The protection he gives freedmen
under his order is so limited, and will fall so far short of what the
freedmen have a right to expect, that I did not think of bringing the
matter before the government. Late orders and instructions from the
President convince me that I was mistaken, and that the trial is to be
made.
I have issued an order in accordance with these instructions, which I
append:
[General Orders No. 8.]
BUREAU REFUGEES, FREEDMEN, AND ABANDONED LANDS, _Office Ass't.
Commissioner for State of Miss., Vicksburg, Miss., September_ 20, 1865.
The following extracts from Circular No. 5, current series, Bureau
Refugees, Freedmen, and Abandoned Lands, and General Orders No. 10,
current series, headquarters department of Mississippi, in reference to
the same, are hereby republished for the guidance of officers of this
bureau:
["Circular No. 5.]
"WAR DEPARTMENT,
"_Bureau Refugees, Freedmen, and Abandoned Lands, Washington, May_ 30,
1865.
"RULES AND REGULATIONS FOR ASSISTANT 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 assistant 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.
Public-domain text, read in full here on John Shaqi.
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