Report on the Condition of the South Part 14

EXECUTIVE OFFICE, _Jackson, August_ 18, 1865.

Sir: Your order No. 16, disbanding police guard for Claiborne county, has been laid before me. I apprehend you are laboring under a mistake in regard to the character of this organization. I had express authority from the President himself to organize the militia if I thought it necessary to keep order in the country. This I did not do, but authorized the organization of patrol guards or county police, for the purpose of suppressing crime, and for arresting offenders. This organization is therefore part of the civil organization of the State, as much so as sheriff, constable, and justices of the peace, and I claim the right to use this organization for these purposes, and hope you will revoke your order.

Your obedient servant,

W.L. SHARKEY, _Provisional Governor of Mississippi_.

Colonel YORK.

Official copy:

J. WARREN MILLER, _a.s.sistant Adjutant General_.

HEADQUARTERS POST OF PORT GIBSON,

_Port Gibson, Mississippi, August_ 26, 1865.

General: I have the honor to state that my reasons for issuing the enclosed order, (No. 16,) was, that a party of citizens acting under authority from Captain Jack, 9th Indiana cavalry, and having as their chief C.B. Clark, was by their own acknowledgment in the habit of patrolling the roads in this section of the country, and ordering any one they came across to halt. If this was not promptly done, they were ordered to fire upon them. In this way one negro woman was wounded, and Union men and negroes were afraid to be out of their houses after dark. The company was formed out of what they called picked men, _i.e._, those only who had been actively engaged in the war, and were known to be strong disunionists.

The negroes in the section of the country these men controlled were kept in the most abject state of slavery, and treated in every way contrary to the requirements of General Orders No. 129 from the War Department, a copy of which order was issued by me to C.B. Clark.

Hoping, general, to receive instructions as to the manner in which I shall regulate my action,

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

P. JONES YORK, _Lieutenant Colonel Commanding Post_.

Provost Major General DAVIDSON, _Commanding Southern District of Mississippi_.

Official copy:

J. WARREN MILLER, _a.s.sistant Adjutant General_.

[Special Orders No. 16.]

HEADQUARTERS POST OF PORT GIBSON,

_Port Gibson, Mississippi, August_ 10, 1865.

The permission given from these headquarters, dated July 3, 1865, by Captain Jack, provost marshal, is hereby revoked.

C.B. Clark, chief of police, under the permission, will notify the parties forming the said patrol to discontinue the practice of patrolling the roads and country armed. All arrests must be made by the proper military or civil authorities.

P. JONES YORK, _Lieutenant Colonel Commanding Post_.

Official copy:

J. WARREN MILLER, _a.s.sistant Adjutant General_.

No. 26.

BUREAU REFUGEES, FREEDMEN, AND ABANDONED LANDS,

OFFICE ACTING a.s.sISTANT COMMISSIONER FOR WESTERN DIST. OF MISS.,

_Vicksburg, Miss., September_ 28, 1865.

Colonel: I beg leave to call your attention to some of the difficulties we are still obliged to contend with, and some of the abuses still inflicted upon the freedmen, resulting from the prejudices which are still far from being eradicated. In the immediate vicinity of our military posts, and in locations that can readily be reached by the officers of this bureau, the citizens are wary of abusing the blacks; they are so because this bureau has arrested and punished people committing such offences; and the manner in which such cases have been dealt with has shown people that abuse and imposition will not be tolerated, and that such offences are sure to be punished in accordance with the enormity of the crime. But in remote localities, those that cannot well be reached by officers of the bureau, the blacks are as badly treated as ever; colored people often report themselves to the sub-commissioners with bruised heads and lacerated backs, and ask for redress, protection, to be permitted to live at their former homes, and some a.s.surance that they will not be treated in a like manner again if they return. But nothing can be done if their homes happen to be twenty or thirty miles from any office that will protect them. A great many have thus learned that there is no protection for them, and quietly submit to anything that may be required of them, or, as is more frequently the case, they leave such places and crowd about the places where they can be protected.

A girl about twelve years of age, certainly too young to commit any serious offence, lies in No. 1 hospital now with her back perfectly raw, the results of a paddling administered by her former owner. Any number of such cases could easily be cited. In many cases negroes who left their homes during the war, and have been within our military lines, and have provided homes here for their families, going back to get their wives or children, have been driven off and told 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. There is not a justice of the peace or any other civil officer in the district, eight (8) counties, of which I have charge, that will listen to a complaint from a negro; and in the city, since the adjudication of these cases has been turned over to the mayor, the abuse of and impositions upon negroes are increasing very visibly, for the reason that very little, if any, attention is paid to any complaint of a negro against a white person. Negro testimony is admitted, but, judging from some of the decisions, it would seem that it carries very little weight. In several cases black witnesses have been refused on the ground that the testimony on the opposite side, white, could not be controverted, and it was useless to bring in black witnesses against it. I enclose an affidavit taken on one such case. In the mayor's court, cases in which it is practicable to impose a fine and thereby replenish the city treasury, are taken up invariably, but cases where the parties have no money are very apt to pa.s.s unnoticed. One more point, and a serious one, too, for the colored people, is, that in the collection of debts, and a great many of a similar cla.s.s of cases that are not taken cognizance of in the mayor's court, they have to go through a regular civil process, necessitating the feeing of lawyers, &c., which is quite a burden on a people whose means are limited. These cases have all formerly been handled by an officer of this bureau, and without any expense to the parties for fees, &c.

The prejudices of the citizens are very strong against the negro; he is considered to be deserving of the same treatment a mule gets, in many cases not as kind, as it is unprofitable to kill or maim a mule, but the breaking of the neck of the free negro is n.o.body's loss; and unless there is some means for meting out justice to these people that is surer and more impartial than these civil justice's courts, run by men whose minds are prejudiced and bitter against the negro, I would recommend, as an act of humanity, that the negroes be made slaves again.

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

J.H. WEBER, _Captain and Acting a.s.s't. Com'r. Freedmen's Bureau for Western Dist.

Miss_.

Colonel SAMUEL THOMAS, _a.s.s't. Com'r. Bureau Freedmen, &c., Vicksburg, Miss_.

No. 27.

OFFICE a.s.sISTANT COMMISSIONER BUREAU REFUGEES, FREEDMEN, AND ABANDONED LANDS FOR STATE OF MISSISSIPPI,

_Vicksburg, Mississippi, September_ 28, 1865.

Dear Sir: In accordance with your request, I write the following letter, containing some of my views on the subject to which you called my attention--a subject worthy of great consideration, because a bad policy adopted now with reference to the administration of justice and the establishment of courts in the south may lead to evils that will be irreparable in the future.

You are aware that some time ago General Swayne, commissioner of the Freedmen's Bureau for Alabama, const.i.tuted 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 a.s.s'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: