Part 3 (1/2)
When Southern people speak of the insolence of the negro, they generally mean something which persons who never lived under the system of slavery are not apt to appreciate. It is but very rarely what would be called insolence among equals. But, as an old planter said to me, ”our people cannot realize yet that the negro is free.” A negro is called insolent whenever his conduct varies in any manner from what a southern man was accustomed to when slavery existed.
The complaints made about the insubordination of the negro laborers on plantations have to be taken with the same allowance. There have been, no doubt, many cases in which freedmen showed a refractory spirit, where orders were disobeyed, and instructions disregarded. There have been some instances of positive resistance. But when inquiring into particulars, I found not unfrequently that the employer had adhered too strictly to his old way of doing things. I hardly heard any such complaints from Northern men. I have heard planters complain very earnestly of the insubordinate spirit of their colored laborers because they remonstrated against the practice of corporeal punishment. This was looked upon as a symptom of an impending insurrection. A great many things are regarded in the old slave States as acts of insubordination on the part of the laborer which, in the free States, would be taken as perfectly natural and harmless. The fact is, a good many planters are at present more nervously jealous of their authority than before, while the freedmen are not always inclined to forget that they are free men.
_Extravagant notions_.--In many localities I found an impression prevailing among the negroes that some great change was going to take place about Christmas. Feeling uneasy in their present condition, they indulged in the expectation that government intended to make some further provision for their future welfare, especially by ordering distributions of land among them. To counteract this expectation, which had a tendency to interfere seriously with the making of contracts for the next season, it was considered necessary to send military officers, and especially agents of the Freedmen's Bureau, among them, who, by administering sound advice and spreading correct information, would induce them to suit their conduct to their actual circ.u.mstances. While in the south I heard of many instances in which this measure had the desired effect, and it is to be expected that the effect was uniformly good wherever judicious officers were so employed.
Impressions like the above are very apt to spread among the negroes, for the reason that they ardently desire to become freeholders. In the independent possession of landed property they see the consummation of their deliverance. However mistaken their notions may be in other respects, it must be admitted that this instinct is correct.
_Relations between the two races_.--There are whites in the south who profess great kindness for the negro. Many of them are, no doubt, sincere in what they say. But as to the feelings of the ma.s.ses, it is hardly necessary to add anything to what I have already stated. I have heard it a.s.serted that the negroes also cherish feelings of hostility to the whites. Taking this as a general a.s.sertion, I am satisfied that it is incorrect. The negroes do not trust their late masters because they do not feel their freedom sufficiently a.s.sured. Many of them may harbor feelings of resentment towards those who now ill-treat and persecute them, but as they practiced no revenge after their emanc.i.p.ation for wrongs suffered while in slavery, so their present resentments are likely to cease as soon as the persecution ceases. If the persecution and the denial of their rights as freemen continue, the resentments growing out of them will continue and spread. The negro is const.i.tutionally docile and eminently good-natured. Instances of the most touching attachment of freedmen to their old masters and mistresses have come to my notice. To a white man whom they believe to be sincerely their friend they cling with greater affection even than to one of their own race. By some northern speculators their confidence has been sadly abused. Nevertheless, the trust they place in persons coming from the north, or in any way connected with the government, is most childlike and unbounded. There may be individual exceptions, but I am sure they are not numerous. Those who enjoy their confidence enjoy also their affection. Centuries of slavery have not been sufficient to make them the enemies of the white race. If in the future a feeling of mutual hostility should develop itself between the races, it will probably not be the fault of those who have shown such an inexhaustible patience under the most adverse and trying circ.u.mstances.
In some places that I visited I found apprehensions entertained by whites of impending negro insurrections. Whenever our military commanders found it expedient to subject the statements made to that effect by whites to close investigation, they uniformly found them unwarranted by fact. In many instances there were just reasons for supposing that such apprehensions were industriously spread for the purpose of serving as an excuse for further persecution. In the papers annexed to this report you will find testimony supporting this statement. The negro is easily led; he is always inclined to follow the advice of those he trusts. I do, therefore, not consider a negro insurrection probable as long as the freedmen are under the direct protection of the government, and may hope to see their grievances redressed without resorting to the extreme means of self-protection. There would, perhaps, be danger of insurrections if the government should withdraw its protection from them, and if, against an attempt on the part of the whites to reduce them to something like their former condition, they should find themselves thrown back upon their own resources. Of this contingency I shall speak below.
_Education_.--That the negroes should have come out of slavery as an ignorant cla.s.s is not surprising when we consider that it was a penal offence to teach them while they were in slavery; but their eager desire to learn, and the alacrity and success with which they avail themselves of every facility offered to them in that respect, has become a matter of notoriety. The statistics of the Freedmen's Bureau show to what extent such facilities have been offered and what results have been attained. As far as my information goes, these results are most encouraging for the future.
PROSPECTIVE--THE REACTIONARY TENDENCY.
I stated above that, in my opinion, the solution of the social problem in the south did not depend upon the capacity and conduct of the negro alone, but in the same measure upon the ideas and feelings entertained and acted upon by the whites. What their ideas and feelings were while under my observation, and how they affected the contact of the two races, I have already set forth. The question arises, what policy will be adopted by the ”ruling cla.s.s” when all restraint imposed upon them by the military power of the national government is withdrawn, and they are left free to regulate matters according to their own tastes? It would be presumptuous to speak of the future with absolute certainty; but it may safely be a.s.sumed that the same causes will always tend to produce the same effects.
As long as a majority of the southern people believe that ”the negro will not work without physical compulsion,” and that ”the blacks at large belong to the whites at large,” that belief will tend to produce a system of coercion, the enforcement of which will be aided by the hostile feeling against the negro now prevailing among the whites, and by the general spirit of violence which in the south was fostered by the influence slavery exercised upon the popular character. It is, indeed, not probable that a general attempt will be made to restore slavery in its old form, on account of the barriers which such an attempt would find in its way; but there are systems intermediate between slavery as it formerly existed in the south, and free labor as it exists in the north, but more nearly related to the former than to the latter, _the introduction of which will be attempted_. I have already noticed some movements in that direction, which were made under the very eyes of our military authorities, and of which the Opelousas and St. Landry ordinances were the most significant.
Other things of more recent date, such as the new negro code submitted by a committee to the legislature of South Carolina, are before the country.
They have all the same tendency, because they all spring from the same cause.
It may be objected that evidence has been given of a contrary spirit by the State conventions which pa.s.sed ordinances abolis.h.i.+ng slavery in their States, and making it obligatory upon the legislatures to enact laws for the protection of the freedmen. While acknowledging the fact, I deem it dangerous to be led by it into any delusions. As to the motives upon which they acted when abolis.h.i.+ng slavery, and their understanding of the bearings of such an act, we may safely accept the standard they have set up for themselves. When speaking of popular demonstrations in the south in favor of submission to the government, I stated that the princ.i.p.al and almost the only argument used was, that they found themselves in a situation in which ”they could do no better.” It was the same thing with regard to the abolition of slavery; wherever abolition was publicly advocated, whether in popular meetings or in State conventions, it was on the ground of necessity--not unfrequently with the significant addition that, as soon as they had once more control of their own State affairs, they could settle the labor question to suit themselves, whatever they might have to submit to for the present. Not only did I find this to be the common talk among the people, but the same sentiment was openly avowed by public men in speech and print. Some declarations of that kind, made by men of great prominence, have pa.s.sed into the newspapers and are undoubtedly known to you. I append to this report a specimen, (accompanying doc.u.ment, No. 40,) not as something particularly remarkable, but in order to represent the current sentiment as expressed in the language of a candidate for a seat in the State convention of Mississippi.
It is a card addressed to the voters of Wilkinson county, Mississippi, by General W.L. Brandon. The general complains of having been called ”an unconditional, immediate emanc.i.p.ationist--an abolitionist.” He indignantly repels the charge and avows himself a good pro-slavery man. ”But, fellow-citizens,” says he, ”what I may in common with you have to submit to, is a very different thing. Slavery has been taken from us; the power that has already practically abolished it threatens totally and forever to abolish it. _But does it follow that I am in favor of this thing? By no means_. My honest conviction is, we must accept the situation as it is, _until we can get control once more of our own State affairs. We cannot do otherwise and get our place again in the Union, and occupy a position, exert an influence that will protect us against greater evils which threaten us_. I must, as any other man who votes or holds an office, submit _for the time_ to evils I cannot remedy.”
General Brandon was elected on that platform, and in the convention voted for the ordinance abolis.h.i.+ng slavery, and imposing upon the legislature the duty to pa.s.s laws for the protection of the freedmen. And General Brandon is certainly looked upon in Mississippi as an honorable man, and an honest politician. What he will vote for when his people have got once more control of their own State affairs, and his State has regained its position and influence in the Union, it is needless to ask. I repeat, his case is not an isolated one. He has only put in print what, as my observations lead me to believe, a majority of the people say even in more emphatic language; and the deliberations of several legislatures in that part of the country show what it means. I deem it unnecessary to go into further particulars.
It is worthy of note that the convention of Mississippi--and the conventions of other States have followed its example--imposed upon subsequent legislatures the obligation not only to pa.s.s laws for the protection of the freedmen in person and property, but also _to guard against the dangers arising from sudden emanc.i.p.ation_. This language is not without significance; not the blessings of a full development of free labor, but only the dangers of emanc.i.p.ation are spoken of. It will be observed that this clause is so vaguely worded as to authorize the legislatures to place any restriction they may see fit upon the emanc.i.p.ated negro, in perfect consistency with the amended State const.i.tutions; for it rests with them to define what the dangers of sudden emanc.i.p.ation consist in, and what measures may be required to guard against them. It is true, the clause does not authorize the legislatures to re-establish slavery in the old form; but they may pa.s.s whatever laws they see fit, stopping short only one step of what may strictly be defined as ”slavery.” Peonage of the Mexican pattern, or serfdom of some European pattern, may under that clause be considered admissible; and looking at the legislative attempts already made, especially the labor code now under consideration in the legislature of South Carolina, it appears not only possible, but eminently probable, that the laws which will be pa.s.sed to guard against the dangers arising from emanc.i.p.ation will be directed against the spirit of emanc.i.p.ation itself.
A more tangible evidence of good intentions would seem to have been furnished by the admission of negro testimony in the courts of justice, which has been conceded in some of the southern States, at least in point of form. This being a matter of vital interest to the colored man, I inquired into the feelings of people concerning it with particular care.
At first I found hardly any southern man that favored it. Even persons of some liberality of mind saw seemingly insurmountable objections. The appearance of a general order issued by General Swayne in Alabama, which made it optional for the civil authorities either to admit negro testimony in the State courts or to have all cases in which colored people were concerned tried by officers of the bureau or military commissions, seemed to be the signal for a change of position on the part of the politicians.
A great many of them, seeing a chance for getting rid of the jurisdiction of the Freedmen's Bureau, dropped their opposition somewhat suddenly and endeavored to make the admission of negro testimony in the State courts palatable to the ma.s.ses by a.s.suring them that at all events it would rest with the judges and juries to determine in each case before them whether the testimony of negro witnesses was worth anything or not. One of the speeches delivered at Vicksburg, already referred to in another connexion, and a card published by a candidate for office, (accompanying doc.u.ment No.
14,) furnish specimens of that line of argument.
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 princ.i.p.al 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 doc.u.ments 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, a.s.sistant commissioner of the bureau at Natchez; and Colonel Thomas, a.s.sistant commissioner for the State of Mississippi. (Accompanying doc.u.ments 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 a.s.sault 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 ent.i.tled 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.
The facility with which southern politicians acquiesce in the admission of negro testimony is not surprising when we consider that the practical management of the matter will rest with their own people. I found them less accommodating with regard to ”const.i.tutional amendment.” Nine-tenths of the intelligent men with whom I had any conversation upon that subject expressed their willingness to ratify the first section, abolis.h.i.+ng slavery throughout the United States, but not the second section, empowering Congress ”to enforce the foregoing by appropriate legislation.”
I feel warranted in saying that, while I was in the south, this was the prevailing sentiment. Nevertheless, I deem it probable that the ”const.i.tutional amendment” will be ratified by every State legislature, provided the government insists upon such ratification as a _conditio sine qua non_ of readmission. It is instructive to observe how powerful and immediate an effect the announcement of such a condition by the government produces in southern conventions and legislatures. It would be idle to a.s.sume, however, that a telegraphic despatch, while it may beat down all parliamentary opposition to this or that measure, will at the same time obliterate the prejudices of the people; nor will it prevent those prejudices from making themselves seriously felt in the future. It will require measures of a more practical character to prevent the dangers which, as everybody that reads the signs of the times must see, are now impending.
THE MILITIA.
I do not mean to say that the southern people intend to retrace the steps they have made as soon as they have resumed control of their State affairs. Although they regret the abolition of slavery, they certainly do not intend to re-establish it in its old form. Although they are at heart opposed to the admission of negro testimony in the courts of justice, they probably will not re-enact the laws excluding it. But while accepting the ”abolition of slavery,” they think that some species of serfdom, peonage, or some other form of compulsory labor is not slavery, and may be introduced without a violation of their pledge. Although formally admitting negro testimony, they think that negro testimony will be taken practically for what they themselves consider it ”worth.” What particular shape the reactionary movement will a.s.sume it is at present unnecessary to inquire. There are a hundred ways of framing apprentices.h.i.+p, vagrancy, or contract laws, which will serve the purpose. Even the mere reorganization of the militia upon the old footing will go far towards accomplis.h.i.+ng the object. To this point I beg leave to invite your special attention.
The people of the southern States show great anxiety to have their militia reorganized, and in some instances permission has been given. In the case of Mississippi I gave you my reasons for opposing the measure under existing circ.u.mstances. They were, first, that county patrols had already been in existence, and had to be disbanded on account of their open hostility to Union people and freedmen. (See Colonel Yorke's report, accompanying doc.u.ment No. 25.) Second, that the governor proposed to arm the people upon the ground that the inhabitants refused to a.s.sist the military authorities in the suppression of crime, and that the call was addressed, not to the loyal citizens of the United States, but expressly to the ”young men who had so distinguished themselves for gallantry” in the rebel service. (See correspondence between Governor Sharkey and General Osterhaus, accompanying doc.u.ment No. 42.) And third, because the State was still under martial law, and the existence of organized and armed bodies not under the control of the military commander was inconsistent with that state of things.
But there are other more general points of view from which this question must be looked at in order to be appreciated in its most important bearings. I may state, without fear of contradiction, that, in every case, where permission was asked for reorganizing the militia, the privilege or duty of serving in that armed organization was intended to be confined to the whites. In the conversations I had with southern men about this matter, the idea of admitting colored people to the privilege of bearing arms as a part of the militia was uniformly treated by them as a thing not to be thought of. The militia, whenever organized, will thus be composed of men belonging to one cla.s.s, to the total exclusion of another. This concentration of organized physical power in the hands of one cla.s.s will necessarily tend, and is undoubtedly designed, to give that cla.s.s absolute physical control of the other. The specific purpose for which the militia is to be reorganized appears clearly from the uses it was put to whenever a local organization was effected. It is the restoration of the old patrol system which was one of the characteristic features of the regime of slavery. The services which such patrols are expected to perform consist in maintaining what southern people understand to be the order of society.
Indications are given in several of the accompanying doc.u.ments. Among others, the St. Landry and Bossier ordinances define with some precision what the authority and duties of the ”chief patrols” are to be. The militia, organized for the distinct purpose of enforcing the authority of the whites over the blacks, is in itself practically sufficient to establish and enforce a system of compulsory labor without there being any explicit laws for it; and, being sustained and encouraged by public opinion, the chief and members of ”county patrols” are not likely to be over-nice in the construction of their orders. This is not a mere supposition, but an opinion based upon experience already gathered. As I stated above, the reorganization of the county patrol system upon the basis here described will result in the establishment of a sort of permanent martial law over the negro.