Chapter 4

Brigadier General Fessenden reported to Major General Gillmore from Winnsboro, South Carolina, July 19, as follows: "The spirit of the people, especially in those districts not subject to the salutary influence of General Sherman's army, is that of concealed and, in some instances, of open hostility, though there are some who strive with honorable good faith to promote a thorough reconciliation between the government and their people. A spirit of bitterness and persecution manifests itself towards the negroes. They are shot and abused outside the immediate protection of our forces _by men who announce their determination to take the law into their own hands, in defiance of our authority_. To protect the negro and punish these still rebellious individuals it will be necessary to have this country pretty thickly settled with soldiers." I received similar verbal reports from other parts of South Carolina. To show the hopes still indulged in by some, I may mention that one of the sub-district commanders, as he himself informed me, knew planters within the limits of his command who had made contracts with their former slaves _avowedly_ for the object of keeping them together on their plantations, so that they might have them near at hand, and thus more easily reduce them to their former condition, when, after the restoration of the civil power, the "unconstitutional emancipation proclamation" would be set aside.

Cases in which negroes were kept on the plantations, either by ruse or violence, were frequent enough in South Carolina and Georgia to call forth from General Saxton a circular threatening planters who persisted in this practice with loss of their property, and from Major General Steedman, commander of the department of Georgia, an order bearing upon the same subject. At Atlanta, Georgia, I had an opportunity to examine some cases of the nature above described myself. While I was there, 9th and 10th of August, several negroes came into town with bullet and buckshot wounds in their bodies. From their statements, which, however, were only corroborating information previously received, it appeared that the reckless and restless characters of that region had combined to keep the negroes where they belonged. Several freedmen were shot in the attempt to escape, others succeeded in eluding the vigilance of their persecutors; large numbers, terrified by what they saw and heard, quietly remained under the restraint imposed upon them, waiting for better opportunities. The commander of the sub-district and post informed me that bands of guerillas were prowling about within a few miles of the city, making it dangerous for soldiers and freedmen to show themselves outside of the immediate reach of the garrison, and that but a few days previous to my arrival a small squad of men he had sent out to serve an order upon a planter, concerning the treatment of freedmen, had been driven back by an armed band of over twenty men, headed by an individual in the uniform of a rebel officer.

As our troops in Georgia were at that time mostly concentrated at a number of central points, and not scattered over the State in small detachments, but little information was obtained of what was going on in the interior of the country. A similar system was followed in Alabama, but enough has become known to indicate the condition of things in localities not immediately under the eye of the military. In that State the efforts made to hold the negro in a state of subjection appear to have been of a particularly atrocious nature. Rumors to that effect which reached me at Montgomery induced me to make inquiries at the post hospital. The records of that institution showed a number of rather startling cases which had occurred immediately after the close of the war, and some of a more recent date; all of which proved that negroes leaving the plantations, and found on the roads, were exposed to the savagest treatment. An extract from the records of the hospital is appended, (accompanying document No. 20;) also a statement signed by the provost marshal at Selma, Alabama, Major J.P. Houston, (accompanying document No. 21.) He says: "There have come to my notice officially twelve cases, in which I am morally certain the trials have not been had yet, that negroes were killed by whites. In a majority of cases the provocation consisted in the negroes' trying to come to town or to return to the plantation after having been sent away. The cases above enumerated, I am convinced, are but a small part of those that have actually been perpetrated." In a report to General Swayne, assistant commissioner of the Freedmen's Bureau, in Alabama, communicated to me by the general, Captain Poillon, agent of the bureau at Mobile, says of the condition of things in the southwestern part of the State, July 29: "There are regular patrols posted on the rivers, who board some of the boats; after the boats leave they hang, shoot, or drown the victims they may find on them, and all those found on the roads or coming down the rivers are almost invariably murdered. The bewildered and terrified freedmen know not what to do--to leave is death; to remain is to suffer the increased burden imposed upon them by the cruel taskmaster, whose only interest is their labor, wrung from them by every device an inhuman ingenuity can devise; hence the lash and murder is resorted to to intimidate those whom fear of an awful death alone cause to remain, while patrols, negro dogs and spies, disguised as Yankees, keep constant guard over these unfortunate people." In a letter addressed to myself, September 9, Captain Poillon says: "Organized patrols, with negro hounds, keep guard over the thoroughfares; bands of lawless robbers traverse the country, and the unfortunate who attempts to escape, or he who returns for his wife or child, is waylaid or pursued with hounds, and shot or hung." (Accompanying document No. 22.)

In Mississippi I received information of a similar character. I would respectfully invite your attention to two letters--one by Colonel Hayne, 1st Texas cavalry, and one by Colonel Brinkerhoff--giving interesting descriptions of the condition of the freedmen, and the spirit of the whites shortly after the close of the war. (Accompanying documents Nos. 23 and 24.) Lieutenant Colonel P.J. Yorke, post commander at port Gibson, Mississippi, reported to General Davidson, on August 26, that a "county patrol" had been organized by citizens of his sub-district, which, for reasons given, he had been obliged to disband; one of these reasons was, in his own language, that: "The company was formed out of what they called picked men, _i.e._, those only who had been actually engaged in the war, and were known as strong disunionists. The negroes in the sections of country these men controlled were kept in the most abject slavery, and treated in every way contrary to the requirements of General Orders No. 129, from the War Department." (Accompanying document No. 25.) As late as September 29, Captain J.H. Weber, agent of the Freedmen's Bureau, reported to Colonel Thomas, assistant commissioner of the bureau, in the State of Mississippi, as follows: "In many cases negroes who left their homes during the war, and have been within our military lines, and having provided homes here for their families, going back to get their wives and children, have been driven off, and told that they could not have them. In several cases guards have been sent to aid people in getting their families; in many others it has been impracticable, as the distance was too great. In portions of the northern part of this district the colored people are kept in slavery still. The white people tell them that they were free during the war, but the war is now over, and they must go to work again as before. The reports from sub-commissioners nearest that locality show that the blacks are in a much worse state than ever before, the able-bodied being kept at work under the lash, and the young and infirm driven off to care for themselves. As to protection from the civil authorities, there is no such thing outside of this city." (Accompanying document No. 26.)

The conviction, however, that slavery in the old form cannot be maintained has forced itself upon the minds of many of those who ardently desired its preservation. But while the necessity of a new system was recognized as far as the right of property in the individual negro is concerned, many attempts were made to introduce into that new system the element of physical compulsion, which, as above stated, is so generally considered indispensable. This was done by simply adhering, as to the treatment of the laborers, as much as possible to the traditions of the old system, even where the relations between employers and laborers had been fixed by contract. The practice of corporal punishment was still continued to a great extent, although, perhaps, not in so regular a manner as it was practiced in times gone by. It is hardly necessary to quote any documentary evidence on this point; the papers appended to this report are full of testimony corroborating the statement. The habit is so inveterate with a great many persons as to render, on the least provocation, the impulse to whip a negro almost irresistible. It will continue to be so until the southern people will have learned, so as never to forget it, that a black man has rights which a white man is bound to respect.

Here I will insert some remarks on the general treatment of the blacks as a class, from the whites as a class. It is not on the plantations and at the hands of the planters themselves that the negroes have to suffer the greatest hardships. Not only the former slaveholders, but the non-slaveholding whites, who, even previous to the war, seemed to be more ardent in their pro-slavery feelings than the planters themselves, are possessed by a singularly bitter and vindictive feeling against the colored race since the negro has ceased to be property. The pecuniary value which the individual negro formerly represented having disappeared, the maiming and killing of colored men seems to be looked upon by many as one of those venial offences which must be forgiven to the outraged feelings of a wronged and robbed people. Besides, the services rendered by the negro to the national cause during the war, which make him an object of special interest to the loyal people, make him an object of particular vindictiveness to those whose hearts were set upon the success of the rebellion. The number of murders and assaults perpetrated upon negroes is very great; we can form only an approximative estimate of what is going on in those parts of the south which are not closely garrisoned, and from which no regular reports are received, by what occurs under the very eyes of our military authorities. As to my personal experience, I will only mention that during my two days sojourn at Atlanta, one negro was stabbed with fatal effect on the street, and three were poisoned, one of whom died. While I was at Montgomery, one negro was cut across the throat evidently with intent to kill, and another was shot, but both escaped with their lives. Several papers attached to this report give an account of the number of capital cases that occurred at certain places during a certain period of time. It is a sad fact that the perpetration of those acts is not confined to that class of people which might be called the rabble. Several "gentlemen of standing" have been tried before military commissions for such offences.

These statements are naturally not intended to apply to all the individuals composing the southern people. There are certainly many planters who, before the rebellion, treated their slaves with kindness, and who now continue to treat them as free laborers in the same manner. There are now undoubtedly many plantations in the south on which the relations between employers and employees are based upon mutual good will. There are certainly many people there who entertain the best wishes for the welfare of the negro race, and who not only never participated in any acts of violence, but who heartily disapprove them. I have no doubt, a large majority can, _as to actual participation_--not, however, as to the bitter spirit--I offer a good plea of not guilty. But however large or small a number of people may be guilty of complicity in such acts of persecution, those who are opposed to them have certainly not shown themselves strong enough to restrain those who perpetrate or favor them. So far, the _spirit of persecution_ has shown itself so strong as to make the protection of the freedman by the military arm of the government in many localities necessary--in almost all, desirable. It must not be forgotten that in a community a majority of whose members is peaceably disposed, but not willing or not able to enforce peace and order, a comparatively small number of bold and lawless men can determine the character of the whole. The rebellion itself, in some of the southern States, furnished a striking illustration of this truth.

GENERAL IDEAS AND SCHEMES OF WHITES CONCERNING THE FREEDMEN.

Some of the planters with whom I had occasion to converse expressed their determination to adopt the course which best accords with the spirit of free labor, to make the negro work by offering him fair inducements, to stimulate his ambition, and to extend to him those means of intellectual and moral improvement which are best calculated to make him an intelligent, reliable and efficient free laborer and a good and useful citizen. Those who expressed such ideas were almost invariably professed Union men, and far above the average in point of mental ability and culture. I found a very few instances of original secessionists also manifesting a willingness to give the free-labor experiment a fair trial. I can represent the sentiments of this small class in no better way than by quoting the language used by an Alabama judge in a conversation with me. "I am one of the most thoroughly whipped men in the south," said he; "I am a genuine old secessionist, and I believe now, as I always did, we had the constitutional right to secede. But the war has settled that matter, and it is all over now. As to this thing of free negro labor, I do not believe in it, but I will give it a fair trial. I have a plantation and am going to make contracts with my hands, and then I want a real Yankee to run the machine for me; not one of your New Yorkers or Pennsylvanians, but the genuine article from Massachusetts or Vermont--one who can not only farm, but sing psalms and pray, and teach school--a real abolitionist, who believes in the thing just as I don't believe in it. If he does not succeed, I shall consider it proof conclusive that you are wrong and I am right."

I regret to say that views and intentions so reasonable I found confined to a small minority. Aside from the assumption that the negro will not work without physical compulsion, there appears to be another popular notion prevalent in the south, which stands as no less serious an obstacle in the way of a successful solution of the problem. It is that the negro exists for the special object of raising cotton, rice and sugar _for the whites_, and that it is illegitimate for him to indulge, like other people, in the pursuit of his own happiness in his own way. Although it is admitted that he has ceased to be the property of a master, it is not admitted that he has a right to become his own master. As Colonel Thomas, assistant commissioner of the Freedmen's Bureau in Mississippi, in a letter addressed to me, very pungently expresses it: "The whites esteem the blacks their property by natural right, and, however much they may admit that the relations of masters and slaves have been destroyed by the war and by the President's emancipation 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 passion may dictate." (Accompanying document No. 27.) An ingrained feeling like this is apt to bring forth that sort of class legislation which produces laws to govern one class with no other view than to benefit another. This tendency can be distinctly traced in the various schemes for regulating labor which here and there see the light.

Immediately after the emancipation of the slaves, when the general confusion was most perplexing, the prevalent desire among the whites seemed to be, if they could not retain their negroes as slaves, to get rid of them entirely. Wild speculations were indulged in, how to remove the colored population at once and to import white laborers to fill its place; how to obtain a sufficient supply of coolies, &c., &c. Even at the present moment the removal of the freedmen is strongly advocated by those who have the traditional horror of a free negro, and in some sections, especially where the soil is more adapted to the cultivation of cereals than the raising of the staples, planters appear to be inclined to drive the negroes away, at least from their plantations. I was informed by a prominent South Carolinian in July, that the planters in certain localities in the northwestern part of his State had been on the point of doing so, but better counsel had been made to prevail upon them; and Colonel Robinson, 97th United States Colored Infantry, who had been sent out to several counties in southern Alabama to administer the amnesty oath, reported a general disposition among the planters of that region to "set the colored people who had cultivated their crops during the summer, adrift as soon as the crops would be secured, and not to permit the negro to remain upon any footing of equality with the white man in that country." (Accompanying document No. 28.) The disposition to drive away all the negroes from the plantations was undoubtedly confined to a few districts; and as far as the scheme of wholesale deportation is concerned, practical men became aware, that if they wanted to have any labor done, it would have been bad policy to move away the laborers they now have before others were there to fill their places. All these devices promising at best only distant relief, and free negro labor being the only thing in immediate prospect, many ingenious heads set about to solve the problem, how to make free labor compulsory by permanent regulations.

Shortly after the close of the war some South Carolina planters tried to solve this problem by introducing into the contracts provisions leaving only a small share of the crops to the freedmen, subject to all sorts of constructive charges, and then binding them to work off the indebtedness they might incur. It being to a great extent in the power of the employer to keep the laborer in debt to him, the employer might thus obtain a permanent hold upon the person of the laborer. It was something like the system of peonage existing in Mexico. When these contracts were submitted to the military authorities for ratification, General Hatch, commanding at Charleston, at once issued an order prohibiting such arrangements. I had an opportunity to examine one of these contracts, and found it drawn up with much care, and evidently with a knowledge of the full bearings of the provisions so inserted.

Appended to this report is a memorandum of a conversation I had with Mr. W. King, of Georgia, a gentleman of good political sentiments and undoubtedly benevolent intentions. He recommends a kind of guardianship to be exercised by the employer over the freedman. He is a fair representative, not of the completely unprejudiced, but of the more liberal-minded class of planters, and his sayings show in what direction even those who are not actuated by any spirit of bitterness against the negro, seek a way out of their perplexities. (Accompanying document No. 29.)

I annex also two documents submitted to Mr. Benjamin F. Flanders, special treasury agent at New Orleans, who then had the management of freedmen's affairs in Louisiana, in November and December, 1864. They are not of a recent date, but may be taken as true representations of the ideas and sentiments entertained by large numbers to-day. The first (accompanying document No. 30) contains "suggestions on the wants of planters before embarking their capital in the cultivation of staple crops," and was submitted by a committee to a meeting of planters at New Orleans, November 21, 1864. It speaks for itself. The others (accompanying document No. 31) is a letter addressed to Mr. Flanders by Mr. T. Gibson, a Louisiana planter, who is well known in New Orleans as professing much affection for the negro. It commences with the assertion that he "has no prejudices to overcome, and would do the black all the good in his power," and winds up with a postscript strongly insisting upon the necessity of corporal punishment, the "great desideratum in obtaining labor from free blacks being _its enforcement_."

MUNICIPAL REGULATIONS.

The motives and spirit bringing forth such ideas found a still clearer expression in some attempted municipal regulations. In no State within the range of my observation had, at the time of my visit, so much progress been made in the reorganization of local government as in Louisiana. In most of the parishes the parish authorities had exercised their functions for some time; in others the organization was less complete. Governor Wells informed me that he had filled the parish offices with men recommended to him by the people of the parishes, and it is fair to assume that in most cases the appointees represented the views and sentiments of the ruling class. Some of the local authorities so appointed furnished us an indication of the principles upon which they thought it best to regulate free labor within their jurisdiction.

Mr. W.B. Stickney, agent of the Freedmen's Bureau at Shreveport, Louisiana, reported to the assistant commissioner of the bureau in Louisiana as follows: "August 1.--The following is a literal copy of a document brought to this office by a colored man, which is conclusive evidence that there are those who still claim the negro as their property:

"'This boy Calvin has permit to hire to whom he pleases, but I shall hold him as my property until set free by Congress. July 7, 1865. (Signed.) E.V. TULLY.'"

The spirit of the above also made its appearance in another form, in the action of the police board of the parish of Bossier, which was an attempt to revive at once the old slave laws, and to prevent the freedmen from obtaining employment (away) from their former masters. The gist of the enactment alluded to is contained in the paragraph directing the officers on patrol duty "to arrest and take up all idle and vagrant persons running at large without employment and carry them before the proper authorities, to be dealt with as the law directs." A regulation like this certainly would make it difficult for freedmen to leave their former masters for the purpose of seeking employment elsewhere. The matter was submitted to Brevet Major General Hawkins, commanding western district of Louisiana, who issued an order prohibiting the parish police forces from arresting freedmen unless for positive offence against the law.

Clearer and more significant was the ordnance passed by the police board of the town of Opelousas, Louisiana. (Accompanying document No. 34.) It deserves careful perusal. Among a number of regulations applying exclusively to the negro, and depriving him of all liberty of locomotion, the following striking provisions are found: