Chapter 10

At the present time there can be but few loyal men in the State of South Carolina who, through evil and good report, have withstood the wiles of secession. South Carolina has been sown broadcast for the last thirty years with every conceivable form of literature which taught her children the divine right of State sovereignty, carrying with it all its accompanying evils. The sovereign State of South Carolina in her imperial majesty looked down upon the republic itself, and only through a grand condescension, remained to supervise and balance the power which, when not controlling, she had sworn to destroy. The works of Calhoun were the necessary companion of every man of culture and education. They were by no means confined to the libraries of the economist and politician. When the national troops pillaged the houses and deserted buildings of Charleston, the streets were strewn with the pamphlets, sermons and essays of politicians, clergymen, and belles-lettres scholars, all promulgating, according to the ability and tastes of their several authors, the rights of the sovereign State. No public occasion passed by which did not witness an assertion of these rights, and the gauntlet of defiance was ever upon the ground.

It is the loyalty of such a people that we have to consider. As a people the South Carolinians are brave and generous in certain directions. In their cities there is great culture, and many of the citizens are persons of refinement, education and taste. The educated classes are well versed in the history of our country, and many have an intimate knowledge of the varied story of political parties. But from the lowest to the highest classes of the white population there is an instinctive dread of the negro and an utter abhorrence of any doctrine which argues an ultimate improvement of his condition beyond that of the merest chattel laborer.

The first proposition made by the southerner on all occasions of discussion is, that the emancipation proclamation of the President was a grievous error from every point of view; that in the settlement of the various questions arising from the insurrection, the national government assumes a responsibility which belongs to the several States, and now that the supremacy of the general government is established, and the prospect of a resuscitation, rehabilitation, reconstruction, or simple assertion of the legislative and executive powers of the separate States, a lingering hope yet remains with many, that although African slavery is abolished, the States may yet so legislate as to place the negro in a state of actual peonage and submission to the will of the employer. Therefore, we have combined with a forced and tardy loyalty a lingering hope that such State legislation can be resorted to as will restore the former slave to, as nearly as possible, the condition of involuntary servitude. And the question naturally arises, how long must we wait for a higher and purer expression of fealty to the Union, and for a more intelligent and just appreciation of the question of free colored, labor which the results of the contest have forced upon us?

I am satisfied, that while no efforts must be spared to instil into the minds of the freedmen the necessity of patient labor and endeavor, and a practical knowledge of the responsibilities of their new condition, by a judicious system of education, the white southerner is really the most interesting pupil, and we must all feel a solicitude for his enlightenment.

The principles of liberty have been working for a number of years in our republic, and have secured various great political results. Latterly they have worked with wonderful and rapid effect, and it has ever been by aid of all the forces of education and enlightened commerce between man and man that the progress of true freedom has been hastened and made secure. When the southern planter sees it demonstrated beyond a doubt that the free labor of the black man, properly remunerated, conduces to his pecuniary interests, at that moment he will accept the situation, and not before, unless it is forced upon him; therefore, it is the white southerner that must be educated into a realization of his responsibility in the settlement of these questions, and by a systematic and judicious education of the freedman a citizen will gradually be developed; and the two classes, finding their interests mutual, will soon settle the now vexed question of suffrage. I am firmly of opinion that the government cannot afford to relax its hold upon these States until a loyal press, representing the views of the government, shall disseminate its sentiments broadcast all over this southern land; and when all the avenues and channels of communication shall have been opened, and the policy of the government shall be more easily ascertained and promulgated, and the States, or the citizens thereof in sufficient numbers, shall have avowed by word and act their acceptance of the new order of things, we may then safely consider the expediency of surrendering to each State legislature the duty of framing its necessary constitution and code, and all other adjuncts of civil government. If the form of our government were monarchical, we might be more sanguine of the success of any proposed measure of amnesty, because of the immediate power of the government to suppress summarily any disorder arising from too great leniency; but to delegate to the States themselves the quelling of the tumult which they have themselves raised, is, to say the least, a doubtful experiment. Many thinking Carolinians have said that they preferred that the government should first itself demonstrate the system of free labor, to such an extent that the planter would gladly avail himself of the system and carry it on to its completion.

The presence of a strong military force is still needed in the State of South Carolina to maintain order, and to see that the national laws are respected, as well as to enforce such municipal regulations as the occasion demands. For such service, officers of sound, practical sense should be chosen--men whose appreciation of strict justice both to employer and employee would compensate even for a lack of mere skilful military knowledge; men without the mean prejudices which are the bane of some who wear the insignia of the national service.

I believe that affairs in South Carolina are yet in a very crude state; that outrages are being practiced upon the negro which the military arm should prevent. Doubtless many stories are fabricated or exaggerated, but a calm and candid citizen of Charleston has said: "Is it wonderful that this should be so; that men whose slaves have come at their call, but now demur, hesitate, and perhaps refuse labor or demand certain wages therefor--that such men, smarting under their losses and defeats, should vent their spite upon a race slipping from their power and asserting their newly acquired rights? Is abuse not a natural result?" But time, enlightenment, and the strenuous efforts of the government can prevent much of this.

I am, therefore, convinced that the education of the white and black must go hand in hand together until the system of free labor is so absolutely demonstrated that the interest of the employer will be found in the intelligence, the well-being, and the comfort of the employed. I believe that the great sources of benevolence at the north should still flood this southern land with its bounty--that the national government should encourage each State to receive all the implements of labor, education and comfort which a generous people can bestow, not merely for the benefit of the black freedman, but for the disenthralled white who has grovelled in the darkness of a past age, and who has been, perhaps, the innocent oppressor of a people he may yet serve, and with them enter into the enjoyment of a more glorious freedom than either have ever conceived.

With sentiments of respect and esteem, I beg to remain, general, your obedient servant,

JOHN H. PILSBURY, _Deputy Supervising and Assistant Special Agent Treasury Department_.

Major General CARL SCHURZ, &c., &c., &c.

No. 6.

_VIEWS EXPRESSED BY MAJOR GENERAL STEEDMAN IN CONVERSATION WITH CARL SCHURZ_.

Augusta, Georgia, _August_ 7, 1864.

I have been in command of this department only a month, and can, therefore, not pretend to have as perfect a knowledge of the condition of affairs, and the sentiments of the people of Georgia, as I may have after longer experience. But observations so far made lead me to the following conclusions:

The people of this State, with only a few individual exceptions, are submissive but not loyal.

If intrusted with political power at this time they will in all probability use it as much as possible to escape from the legitimate results of the war. Their political principles, as well as their views on the slavery question, are the same as before the war, and all that can be expected of them is that they will submit to actual necessities from which there is no escape.

The State is quiet, in so far as there is no organised guerilla warfare. Conflicts between whites and blacks are not unfrequent, and in many instances result in bloodshed.

As to the labor question, I believe that the planters of this region have absolutely no conception of what free labor is. I consider them entirely incapable of legislating understandingly upon the subject at the present time.

The organization of labor in this State, especially in the interior, has so far, in most cases, been left to the planters and freedmen themselves, the organization of the Freedmen's Bureau being as yet quite imperfect. A great many contracts have been made between planters and freedmen, some of which were approved by the military authorities and some were not.

General Wilde, the principal agent of the Freedmen's Bureau in this State, is, in my opinion, entirely unfit for the discharge of the duties incumbent upon him. He displays much vigor where it is not wanted, and shows but very little judgment where it is wanted. Until the Freedmen's Bureau will be sufficiently organized in this State I deem it necessary to temporarily intrust the provost marshals, now being stationed all over the State, one to every four counties, with the discharge of its functions, especially as concerns the making of contracts and the adjustment of difficulties between whites and blacks.

I deem it impracticable to refer such difficulties for adjustment to such civil courts as can at present be organized in this State. It would be like leaving each party to decide the case for itself, and would undoubtedly at once result in a free fight. It will be so until the people of this State have a more accurate idea of the rights of the freedmen. The military power is, in my opinion, the only tribunal which, under existing circumstances, can decide difficulties between whites and blacks to the satisfaction of both parties and can make its decisions respected.

As for the restoration of civil power in this State, I apprehend it cannot be done without leading to the necessity of frequent interference on the part of the military until the sentiments of the people of Georgia have undergone a very great change.

This memorandum was read to General Steedman by me and he authorized me to submit it in this form to the President.

C. SCHURZ.

No. 7.

HEADQUARTERS DISTRICT OF COLUMBUS,

_Macon, Georgia, August_ 14, 1885.

General: There are no loyal people in Georgia, except the negroes; nor are there any considerable number who would under any circumstances offer armed resistance to the national authority. An officer, without arms or escort, could arrest any man in the State. But, while their submission is thus complete and universal, it is not a matter of choice, but a stern necessity which they deplore.

If allowed they will readily reorganize their State government and administer it upon correct principles, except in matters pertaining to their former slaves. On this subject they admit the abolition of the institution, and will so frame their constitution, hoping thereby to procure their recognition as a State government, when they will at once, by legislation, reduce the freedmen to a condition worse than slavery. Yet while they will not recognize the rights of their former slaves themselves, they will submit to its full recognition by the national government, which can do just as it pleases and no resistance will be offered. My own clear opinion is, it will have to do everything that may be necessary to secure real practical freedom to the former slaves.

The disturbances at present are chiefly due, I think, to the swarm of vagrants thrown upon society by the disbanding of the rebel armies and the emancipation of the slaves at a season of the year when it is difficult for those who seek to find employment.

After the 1st of January I apprehend no trouble, as the culture of the next crop will absorb all the labor of the country. In the interim a great deal of care and diligence will be required. Hence I recommend the importance of sending men of energy and business capacity to manage the affairs of the Freedmen's Bureau.

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

JOHN T. CROXTON, _Brigadier General United States_.

General CARL SCHURZ.

No. 8.

HEADQUARTERS DEPARTMENT OF THE GULF,

_New Orleans, June_ 20, 1865.

Sir: I have the honor to transmit for your consideration a copy of the correspondence between the governor of Louisiana and myself touching the relations between the State and the military authorities in this department.

The instructions upon this subject are, and probably designedly, indefinite. They indicate, however, the acceptance by the President of the constitution of the State, adopted in September, 1864, as the means of re-establishing civil government in the State and the recognition of the governor as his agent in accomplishing this work. The same principle gives validity to such of the State laws as are not in conflict with this constitution, or repealed by congressional legislation, or abrogated by the President's proclamation or orders issued during the rebellion.

This leaves many questions undetermined, except so far as they are settled by the law of nations and the laws of war, so far as my authority extends. I will turn over all such questions to the State government; and in cases that do not come within the legitimate authority of a military commander, will report them for such action as his excellency the President, or the War Department, may think proper to adopt.

I have had a very free conference with the governor upon this subject, and I believe that he concurs with me that the course I have indicated in the correspondence with him is not only the legal but the only course that will avoid the appeals to the local courts by interested or designing men, which are now dividing those who profess to be working for the same object--the re-establishment of civil authority throughout the State.

Then, in addition, many questions, in which the interests of the government are directly involved, or in which the relations of the general government to the States, as affected by the rebellion, are left unsettled by any adequate legislation. I do not think it will be wise to commit any of these questions, either directly or indirectly, to the jurisdiction of the State or other local courts, and will not so commit them unless instructed to do so.

It is very possible that in the varied and complicated questions that will come up there may be differences of opinion between the governor and myself, but there shall be no discord of action, and I will give to his efforts the fullest support in my power.

I have the honor to be, very respectfully, sir,

E.R.S. CANBY, _Major General Commanding_.

The SECRETARY OF WAR, _Washington, D.C._

Official copy:

R. DES ANGES, _Major, A.A.G._

STATE OF LOUISIANA, EXECUTIVE DEPARTMENT,

_New Orleans, June_ 10, 1865.

General: There is a class of officers holding and exercising the duties of civil officers in this State who claim to hold their right to the same by virtue of deriving their appointment from military authority exercised either by General Shepley as military governor, or Michael Hahn, and in some cases by Major General Banks, commander of the department of the Gulf. These men resist my power to remove on the ground that I am not clothed with military power, although the offices they fill are strictly civil offices, and the power of appointing to the same to fill vacancies (which constructively exist until the office is filled according to law) is one of my prerogatives as civil governor. To dispossess these men by legal process involves delay and trouble. Many of the persons so holding office are obnoxious to the charges of official misconduct and of obstructing my efforts to re-establish civil government.

For the purpose, therefore, of settling the question, and relieving the civil government of the State from the obstructions to its progress caused by the opposition of these men, I would respectfully suggest to you, general, the expediency of your issuing an order revoking all appointments made by military or semi-military authority to civil offices in this State prior to the 4th of March, 1865, the date on which I assumed the duties of governor. I fix that date because it is only since that period the governor has been confined to strictly civil powers, and what military power has been exercised since in appointments to office has been from necessity and was unavoidable.

I throw out these suggestions, general, for your consideration. On my recent visit to the capital I had full and free conversation with President Johnson on the subject of reorganizing civil government in Louisiana, and while deprecating the interference of military power in civil government beyond the point of actual necessity, yet he fully appreciated the difficulties of my position, and assured me that I should be sustained by him in all necessary and legal measures to organize and uphold civil government.

I have the honor to be, very respectfully, &c.,

J. MADISON WELLS, _Governor of Louisiana_.

Major General E.R.S. CANBY, _Commanding Department of the Gulf_.

Official copy:

R. DES ANGES, _Major, A.A.G._

HEADQUARTERS DEPARTMENT OF THE GULF,

_New Orleans, June_ 19, 1865.

Sir: I have the honor to acknowledge the receipt of your communication of the 10th instant, asking me to revoke all appointments made by military or semi-military authority to civil offices in the State prior to the 4th of March, 1865.

I have given this subject the attention and serious consideration which its importance demands, and I find it complicated not only with the private and public interests of the people and State of Louisiana, but also with the direct interests of the government of the United States, or with the obligations imposed upon the government by the condition of the country or by the antecedent exercise of lawful military authority. To the extent that these considerations obtain they are controlling considerations, and I cannot find that I have any authority to delegate the duties devolved upon me by my official position, or to evade the responsibilities which it imposes. I venture the suggestion, also, that the evils complained of, and which are so apparent and painful to all who are interested in the restoration of civil authority, will scarcely be obtained by the course you recommend, but will, in my judgment, give rise to complications that will embarrass not only the State but the general government.

All officers who hold their offices by the tenure of military appointment are subject to military authority and control, and will not be permitted to interfere in any manner whatever with the exercise of functions that have been committed to you as governor of Louisiana. If they are obnoxious to the charge of misconduct in office, or of obstructing you in your efforts to re-establish civil government, they will, upon your recommendation, be removed. If, under the constitution and laws of the State, the power of appointment resides in the governor, my duty will be ended by vacating the appointment. If the office is elective, the military appointment will be cancelled so soon as the successor is elected and qualified. In the alternative cases the removal will be made, and successors recommended by you, and against whom there are no disqualifying charges, will be appointed.

This, in my judgment, is the only course which will remove all legal objections, or even legal quibbles.

I desire to divest myself as soon as possible of all questions of civil administration, and will separate, as soon and as far as I can, all such questions from those that are purely military in their character, and commit them to the care of the proper officers of the civil government.

Some of these questions are complicated in their character, and involve not only private and public interests, but the faith of the national government; originating in the legal exercise of military authority, they can only be determined by the same authority.

There is another consideration, not directly but incidentally involved in the subject of your communication, to which I have the honor to invite your attention. The results of the past four years have worked many changes both as to institutions and individuals within the insurrectionary States, giving to some of the interests involved an absolutely national character, and in others leaving the relations between the general government and the States undetermined. So far as Congress has legislated upon these subjects, it has placed them under the direct control of the general government, and under the laws of nations and laws of war the same principle applies to the other subject. Until Congress has legislated upon this subject, or until Executive authority sanctions it, no questions of this character will be committed to the jurisdiction of the local courts.

I make these suggestions to you for the reason that I have already found a strong disposition in some sections of the country to forestall the action of the general government by bringing these subjects more or less directly under the control of the local courts; and I have neither the authority nor the disposition to establish precedents that may possibly embarrass the future action of the government.

I take this occasion to assure your excellency of my hearty co-operation in your efforts to re-establish civil government, and in any measures that may be undertaken for the benefit of the State or people of Louisiana.

I shall be happy at all times to confer with you upon any of these subjects, and to give you, whenever necessary, any assistance that you may require.

I have the honor to be, very respectfully, your obedient servant,

E.R.S. CANBY, _Major General, Commanding_.

His Excellency the GOVERNOR OF LOUISIANA, _New Orleans, La_.

Official copy:

R. DES ANGES, _Major, A.A.G._

STATE OF LOUISIANA, EXECUTIVE DEPARTMENT,

_New Orleans, June_ 23, 1865.