Freed persons; Reconstruction (U.S. history, 1865-1877); Southern States -- Politics and government -- 1865-1950
In my despatch from Montgomery, Alabama, I suggested to you that
instructions be issued making it part of the duty of agents of the
Freedmen's Bureau to appear in the State courts as the freedmen's next
friend, and to forward reports of the proceedings had in the principal
cases to the headquarters of the bureau. In this manner it would have been
possible to ascertain to what extent the admission of negro testimony
secured to the colored man justice in the State courts. As the plan does
not seem to have been adopted, we must form our conclusions from evidence
less complete. Among the annexed documents there are several statements
concerning its results, made by gentlemen whose business it was to
observe. I would invite your attention to the letters of Captain Paillon,
agent of the Freedmen's Bureau at Mobile; Major Reynolds, assistant
commissioner of the bureau at Natchez; and Colonel Thomas, assistant
commissioner for the State of Mississippi. (Accompanying documents Nos. 41
and 27.) The opinions expressed in these papers are uniformly unfavorable.
It is to be hoped that at other places better results have been attained.
But I may state that even by prominent southern men, who were anxious to
have the jurisdiction of the State courts extended over the freedmen, the
admission was made to me that the testimony of a negro would have but
little weight with a southern jury. I frequently asked the question, "Do
you think a jury of your people would be apt to find a planter who has
whipped one of his negro laborers guilty of assault and battery?" The
answer almost invariably was, "You must make some allowance for the
prejudices of our people."
It is probable that the laws excluding negro testimony from the courts
will be repealed in all the States lately in rebellion if it is believed
that a satisfactory arrangement of this matter may in any way facilitate
the "readmission" of the States, but I apprehend such arrangements will
hardly be sufficient to secure to the colored man impartial justice as
long as the feelings of the whites are against him and they think that his
rights are less entitled to respect than their own. More potent certainly
than the laws of a country are the opinions of right and wrong entertained
by its people. When the spirit of a law is in conflict with such opinions,
there is but little prospect of its being faithfully put in execution,
especially where those who hold such opinions are the same who have to
administer the laws.
Public-domain text, read in full here on John Shaqi.
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