Chapter 5

Section 3. No negro or freedman shall be permitted to rent or keep a house within the limits of the town _under any circumstances_, and any one thus offending shall be ejected and _compelled to find an employer_ or leave the town within twenty-four hours. The lessor or furnisher of the house leased or kept as above shall pay a fine of ten dollars for each offence.

Section 4. No negro or freedman shall reside within the limits of the town of Opelousas _who is not in the regular service of some white person or former owner_.

Section 8. No freedman shall sell, barter or exchange, any articles of merchandise or traffic within the limits of Opelousas without permission in writing from his employer, or the mayor, or president of the board.

This ordinance was at first approved by a lieutenant colonel of the United States forces having local command there, and it is worthy of note that thereupon the infection spread at once, and similar ordinances were entertained by the police boards of the town of Franklin and of the parish of St. Landry. (Accompanying document No. 35). The parish ordinance of St. Landry differs from the town ordinances of Opelousas and Franklin in several points, and wherever there is any difference, it is in the direction of greater severity. It imposes heavier fines and penalties throughout, and provides, in addition, for a system of corporal punishment. It is also ordained "that the aforesaid penalties shall be _summarily enforced_, and that it shall be the duty of the _captain or chief of patrol_ to see that the aforesaid ordinances are promptly executed." While the town ordinances provide that a negro who does not find an employer shall be compelled to leave the town, the parish or county ordinance knows nothing of letting the negro go, but simply _compels_ him to find an employer. Finally, it is ordained "that it shall be the duty of every _citizen_ to act as a police officer for the detection of offences and the apprehension of offenders, who shall be immediately handed over to the proper captain or chief of patrol."

It is true, an "organization of free labor" upon this plan would not be exactly the re-establishment of slavery in its old form, but as for the practical working of the system with regard to the welfare of the freedman, the difference would only be for the worse. The negro is not only not permitted to be idle, but he is positively prohibited from working or carrying on a business for himself; he is _compelled_ to be in the "regular service" of a white man, and if he has no employer he is _compelled_ to find one. It requires only a simple understanding among the employers, and the negro is just as much bound to his employer "for better and for worse" as he was when slavery existed in the old form. If he should attempt to leave his employer on account of non-payment of wages or bad treatment he is _compelled_ to find another one; and if no other will take him he will be _compelled_ to return to him from whom he wanted to escape. The employers, under such circumstances, are naturally at liberty to arrange the matter of compensation according to their tastes, for the negro will be compelled to be in the regular service of an employer, whether he receives wages or not. The negro may be permitted by his employer "to hire his own time," for in the spirit and intent of the ordinance his time never properly belongs to him. But even the old system of slavery was more liberal in this respect, for such "permission to hire his own time" "shall never extend over seven days at any one time." (Sec. 4.) The sections providing for the "_summary_" enforcement of the penalties and placing their infliction into the hands of the "chief of patrol"--which, by the way, throws some light upon the objects for which the militia is to be reorganized--place the freedmen under a sort of permanent martial law, while the provision investing every white man with the power and authority of a police officer as against every black man subjects them to the control even of those individuals who in other communities are thought hardly fit to control themselves. On the whole, this piece of legislation is a striking embodiment of the idea that although the former owner has lost his individual right of property in the former slave, "the blacks at large belong to the whites at large."

Such was the "organization of free labor" ordained by officials appointed by Governor Wells, and these ordinances were passed while both the emancipation proclamation and a provision in the new constitution of Louisiana abolishing slavery in that State forever were recognized as being in full force. It is needless to say that as soon as these proceedings came to the knowledge of the Freedmen's Bureau and the department commander they were promptly overruled. But Governor Wells did not remove the police boards that had thus attempted to revive slavery in a new form.

The opposition to the negro's controlling his own labor, carrying on business independently on his own account--in one word, working for his own benefit--showed itself in a variety of ways. Here and there municipal regulations were gotten up heavily taxing or otherwise impeding those trades and employments in which colored people are most likely to engage. As an illustration, I annex an ordinance passed by the common council of Vicksburg, (accompanying document No. 36,) together with a letter from Colonel Thomas, in which he says: "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 must 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 want to do this kind of work." I found several instances of a similar character in the course of my observations, of which I neglected to procure the documentary evidence.

It may be said that these are mere isolated cases; and so they are. But they are the local outcroppings of a spirit which I found to prevail everywhere. If there is any difference, it is in the degree of its intensity and the impatience or boldness with which it manifests itself. Of the agencies which so far restrained it from venturing more general demonstrations I shall speak in another part of this report.

EDUCATION OF THE FREEDMEN.

It would seem that all those who sincerely desire to make the freedman a freeman in the true sense of the word, must also be in favor of so educating him as to make him clearly understand and appreciate the position he is to occupy in life, with all its rights and corresponding duties, and to impart to him all the knowledge necessary for enabling him to become an intelligent co-operator in the general movements of society. As popular education is the true ground upon which the efficiency and the successes of free-labor society grow, no man who rejects the former can be accounted a consistent friend of the latter. It is also evident that the education of the negro, to become general and effective after the full restoration of local government in the south, must be protected and promoted as an integral part of the educational systems of the States.

I made it a special point in most of the conversations I had with southern men to inquire into their views with regard to this subject. I found, indeed, some gentlemen of thought and liberal ideas who readily acknowledged the necessity of providing for the education of the colored people, and who declared themselves willing to co-operate to that end to the extent of their influence. Some planters thought of establishing schools on their estates, and others would have been glad to see measures taken to that effect by the people of the neighborhoods in which they lived. But whenever I asked the question whether it might be hoped that the legislatures of their States or their county authorities would make provisions for negro education, I never received an affirmative, and only in two or three instances feebly encouraging answers. At last I was forced to the conclusion that, aside from a small number of honorable exceptions, the popular prejudice is almost as bitterly set against the negro's having the advantage of education as it was when the negro was a slave. There may be an improvement in that respect, but it would prove only how universal the prejudice was in former days. Hundreds of times I heard the old assertion repeated, that "learning will spoil the nigger for work," and that "negro education will be the ruin of the south." Another most singular notion still holds a potent sway over the minds of the masses--it is, that the elevation of the blacks will be the degradation of the whites. They do not understand yet that the continual contact with an ignorant and degraded population must necessarily lower the mental and moral tone of the other classes of society. This they might have learned from actual experience, as we in the north have been taught, also by actual experience, that the education of the lower orders is the only reliable basis of the civilization as well as of the prosperity of a people.

The consequence of the prejudice prevailing in the southern States is that colored schools can be established and carried on with safety only under the protection of our military forces, and that where the latter are withdrawn the former have to go with them. There may be a few localities forming exceptions, but their number is certainly very small. I annex a few papers bearing upon this subject. One is a letter addressed to me by Chaplain Joseph Warren, superintendent of education under the Freedmen's Bureau in Mississippi. (Accompanying document No. 37.) The long and extensive experience of the writer gives the views he expresses more than ordinary weight. After describing the general spirit of opposition to the education of the negroes exhibited in Mississippi, and enumerating the reasons assigned for it, he says: "In view of these things I have no doubt but that, if our protection be withdrawn, negro education will be hindered in every possible way, including obstructions 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." The letter gives many details in support of this conclusion, and is in every respect worth perusing.

In the letter of General Kirby Smith (Accompanying document No. 9) occurs the following statement referring to the condition of things in Mobile, Alabama: "Threats were made to destroy all school-houses in which colored children were taught, and in two instances they were fired. The same threats were made against all churches in which colored people assembled to worship, and one of them burned. Continued threats of assassination were made against the colored preachers, and one of them is now under special guard by order of Major General Woods."

While I was in Louisiana General Canby received a petition, signed by a number of prominent citizens of New Orleans, praying him "to annul Order No. 38, which authorizes a board of officers to levy a tax on the taxpayers of the parish of Orleans to defray the expense of educating the freedmen." The reasons given for making this request are as follows: "Most of those who have lost their slaves by the rebellion, and whose lands are in the course of confiscation, being thus deprived of the means of raising corn for their hungry children, have not anything left wherewith to pay such a tax. The order in question, they consider, violates that sacred principle which requires taxation to be equal throughout the United States. _If the freedmen are to be educated at public expense, let it be done from the treasury of the United States_." (Accompanying document No. 38.) Many of the signers of this petition, who wanted to be relieved of the school tax on the ground of poverty, were counted among the wealthy men of New Orleans, and they forgot to state that the free colored element of Louisiana, which represents a capital of at least thirteen millions and pays a not inconsiderable proportion of the taxes, contributes at the same time for the support of the schools for whites, from which their children are excluded. I would also invite attention to some statements concerning this matter contained in the memorandum of my conversation with Mr. King, of Georgia. (Accompanying document No. 29.)

While travelling in the south I found in the newspapers an account of an interview between General Howard and some gentlemen from Mississippi, in which a Dr. Murdoch, from Columbus, Mississippi, figured somewhat conspicuously. He was reported to have described public sentiment in Mississippi as quite loyal, and especially in favor of giving the colored race a good education. I inquired at the Freedmen's Bureau whether anything was known there of a feeling so favorable to negro education among Dr. Murdoch's neighbors. The information I received is contained in a letter from the assistant commissioner, Colonel Thomas. (Accompanying document No. 39.) It appears that the feeling of Dr. Murdoch's neighbors at Columbus was not only not in favor of negro education, but that, according to the report of the agent of the Freedmen's Bureau at that place, "the citizens of the town 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," and that the citizens of the place have written a letter to the officers, saying "that they would respectfully ask that no freedmen's schools be established under the auspices of the bureau, as it would tend to disturb the present labor system, and take from the fields labor that is so necessary to restore the wealth of the State." It seems Dr. Murdoch's neighbors do not form an exception to the general rule. In this connexion I may add that several instances have come to my notice of statements about the condition of things in the late rebel States, being set afloat by southerners visiting the north, which would not bear close investigation. The reason, probably, is that gentlemen are attributing their own good intentions to the rest of their people with too great a liberality.

Having thus given my experience and impressions with regard to the spirit actuating the southern people concerning the freedman and the free-labor problem, and before inquiring into their prospective action, I beg leave to submit a few remarks on the conduct of the negro.

THE FREEDMAN.

The first southern men with whom I came into contact after my arrival at Charleston designated the general conduct of the emancipated slaves as surprisingly good. Some went even so far as to call it admirable. The connexion in which they used these laudatory terms was this: A great many colored people while in slavery had undoubtedly suffered much hardship and submitted to great wrongs, partly inseparably connected with the condition of servitude, and partly aggravated by the individual wilfulness and cruelty of their masters and overseers. They were suddenly set free; and not only that: their masters but a short time ago almost omnipotent on their domains, found themselves, after their defeat in the war, all at once face to face with their former slaves as a conquered and powerless class. Never was the temptation to indulge in acts of vengeance for wrongs suffered more strongly presented than to the colored people of the south; but no instance of such individual revenge was then on record, nor have I since heard of any case of violence that could be traced to such motives. The transition of the southern negro from slavery to freedom was untarnished by any deeds of blood, and the apprehension so extensively entertained and so pathetically declaimed upon by many, that the sudden and general emancipation of the slaves would at once result in "all the horrors of St. Domingo," proved utterly groundless. This was the first impression I received after my arrival in the south, and I received it from the mouths of late slaveholders. Nor do I think the praise was unjustly bestowed. In this respect the emancipated slaves of the south can challenge comparison with any race long held in servitude and suddenly set free. As to the dangers of the future, I shall speak of them in another connexion.

But at that point the unqualified praise stopped and the complaints began: the negroes would not work; they left their plantations and went wandering from place to place, stealing by the way; they preferred a life of idleness and vagrancy to that of honest and industrious labor; they either did not show any willingness to enter into contracts, or, if they did, showed a stronger disposition to break them than to keep them; they were becoming insubordinate and insolent to their former owners; they indulged in extravagant ideas about their rights and relied upon the government to support them without work; in one word, they had no conception of the rights freedom gave, and of the obligations freedom imposed upon them. These complaints I heard repeated with endless variations wherever I went. Nor were they made without some show of reason. I will review them one after another.

_Unwillingness to work_.--That there are among the negroes a good many constitutionally lazy individuals is certainly true. The propensity to idleness seems to be rather strongly developed in the south generally, without being confined to any particular race. It is also true that the alacrity negroes put into their work depends in a majority of cases upon certain combinations of circumstances. It is asserted that the negroes have a prejudice against working in the cultivation of cotton, rice, and sugar. Although this prejudice, probably arising from the fact that the cotton, rice, and sugar fields remind the former slave of the worst experiences of his past life, exists to some extent, it has not made the freedmen now on the plantations unwilling to cultivate such crops as the planters may have seen fit to raise. A few cases of refusal may have occurred. But there is another fact of which I have become satisfied in the course of my observations, and which is of great significance: while most of the old slaveholders complain of the laziness and instability of their negro laborers, the northern men engaged in planting, with whom I have come into contact, almost uniformly speak of their negro laborers with satisfaction, and these northern men almost exclusively devote themselves to the cultivation of cotton. A good many southern planters, in view of the fact, expressed to me their intention to engage northern men for the management of their plantations. This circumstance would seem to prove that under certain conditions the negro may be expected to work well. There are two reasons by which it may be explained: first, that a northern man knows from actual experience what free labor is, and understands its management, which the late slaveholder, still clinging to the traditions of the old system, does not; and then, that the negro has more confidence in a northern man than in his former master. When a northern man discovers among his laboring force an individual that does not do his duty, his first impulse is to discharge him, and he acts accordingly. When a late slaveholder discovers such an individual among his laborers, his first impulse is to whip him, and he is very apt to suit the act to the impulse. Ill treatment is a doubtful encouragement for free laborers, and it proves more apt to drive those that are still at work away than to make the plantation attractive to others. But if the reasons above stated are sufficient to explain why the negroes work better for northern than for southern men, it will follow that a general improvement will take place as soon as the latter fulfil the same conditions--that is, as soon as southern men learn what free labor is and how to manage it in accordance with its principles, and as soon as they succeed in gaining the confidence of the colored people.

In the reports of officers of the Freedmen's Bureau, among the documents annexed to this, you will find frequent repetitions of the statement that the negro generally works well where he is decently treated and well compensated. Nor do the officers of the Freedmen's Bureau alone think and say so. Southern men, who were experimenting in the right direction, expressed to me their opinion to the same effect. Some of them told me that the negroes on their plantations worked "as well as ever," or even "far better than they had expected." It is true the number of planters who made that admission was small, but it nearly corresponded with the number of those who, according to their own statements, gave free negro labor a perfectly fair trial, while all those who prefaced everything they said with the assertion that "the negro will not work without physical compulsion," could find no end to their complaints. There are undoubtedly negroes who will not do well under the best circumstances, just as there are others who will do well under the worst.

In another part of this report I have already set forth the exceptional difficulties weighing upon the free-labor experiment in the south during this period of transition. The sudden leap from slavery to freedom is an exciting event in a man's life, and somewhat calculated to disturb his equanimity for a moment. People are on such occasions disposed to indulge themselves a little. It would have shown much more wisdom in the negroes if all of them had quietly gone to work again the next day. But it is not reasonable to expect the negroes to possess more wisdom than other races would exhibit under the same circumstances. Besides, the willingness to work depends, with whites as well as blacks, somewhat upon the nature of the inducements held out, and the unsatisfactory regulation of the matter of wages has certainly something to do with the instability of negro labor which is complained of. Northern men engaged in planting almost uniformly pay wages in money, while southern planters, almost uniformly, have contracted with their laborers for a share in the crop. In many instances the shares are allotted between employers and laborers with great fairness; but in others the share promised to the laborers is so small as to leave them in the end very little or nothing. Moreover, the crops in the south looked generally very unpromising from the beginning, which naturally reduced the value falling to the lot of the laborer. I have heard a good many freedmen complain that, taking all things into consideration, they really did not know what they were working for except food, which in many instances was bad and scanty; and such complaints were frequently well founded. In a large number of cases the planters were not to blame for this; they had no available pecuniary means, and in many localities found it difficult to procure provisions. But these unfavorable circumstances, combined with the want of confidence in northern men, were well calculated to have an influence upon the conduct of the negro as a laborer.