Chapter III: Section 8: No freedman shall sell, barter or exchange, any articles of (1)

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.

I have heard it said that money is no inducement which will make a negro work. It is certain that many of them, immediately after emancipation, had but a crude conception of the value of money and the uses it can be put to. It may, however, be stated as the general rule, that whenever they are at liberty to choose between wages in money and a share in the crop, they will choose the former and work better. Many cases of negroes engaged in little industrial pursuits came to my notice, in which they showed considerable aptness not only for gaining money, but also for saving and judiciously employing it. Some were even surprisingly successful. I visited some of the plantations divided up among freedmen and cultivated by them independently without the supervision of white men. In some instances I found very good crops and indications of general thrift and good management; in others the corn and cotton crops were in a neglected and unpromising state. The excuse made was in most cases that they had obtained possession of the ground too late in the season, and that, until the regular crops could be harvested, they were obliged to devote much of their time to the raising and sale of vegetables, watermelons, &c., for the purpose of making a living in the meantime.

On the whole I feel warranted in making the following statement: Many freedmen--not single individuals, but whole "plantation gangs"--are working well; others do not. The difference in their efficiency coincides in a great measure with a certain difference in the conditions under which they live. The conclusion lies near, that if the conditions under which they work well become general, their efficiency as free laborers will become general also, aside from individual exceptions. Certain it is, that by far the larger portion of the work done in the south is done by freedmen.

_Vagrancy_.--Large numbers of colored people left the plantations as soon as they became aware that they could do so with impunity. That they could so leave their former masters was for them the first test of the reality of their freedom. A great many flocked to the military posts and towns to obtain from the "Yankees" reliable information as to their new rights. Others were afraid lest by staying on the plantations where they had been held as slaves they might again endanger their freedom. Still others went to the cities, thinking that there the sweets of liberty could best be enjoyed. In some places they crowded together in large numbers, causing serious inconvenience. But a great many, probably a very large majority, remained on the plantations and made contracts with their former masters. The military authorities, and especially the agents of the Freedmen's Bureau, succeeded by continued exertions in returning most of those who were adrift to the plantations, or in finding other employment for them. After the first rush was over the number of vagrants grew visibly less.

It may be said that where the Freedmen's Bureau is best organized there is least vagrancy among the negroes. Here and there they show considerable restlessness, partly owing to local, partly to general causes. Among the former, bad treatment is probably the most prominent; among the latter, a feeling of distrust, uneasiness, anxiety about their future, which arises from their present unsettled condition. It is true, some are going from place to place because they are fond of it. The statistics of the Freedmen's Bureau show that the whole number of colored people supported by the government since the close of the war was remarkably small and continually decreasing. This seems to show that the southern negro, when thrown out of his accustomed employment, possesses considerable ability to support himself. It is possible, however, that in consequence of short crops, the destitution of the country, and other disturbing influences, there may be more restlessness among the negroes next winter than there is at present. Where the results of this year's labor were very unsatisfactory, there will be a floating about of the population when the contracts of this year expire. It is to be expected, however, that the Freedmen's Bureau will be able to remedy evils of that kind. Other emancipatory movements, for instance the abolition of serfdom in Russia, have resulted in little or no vagrancy; but it must not be forgotten that the emancipated serfs were speedily endowed with the ownership of land, which gave them a permanent moral and material interest in the soil upon which they lived. A similar measure would do more to stop negro vagrancy in the south than the severest penal laws. In every country the number of vagrants stands in proportion to the number of people who have no permanent local interests, unless augmented by exceptional cases, such as war or famine.

_Contracts_.--Freedmen frequently show great disinclination to make contracts with their former masters. They are afraid lest in signing a paper they sign away their freedom, and in this respect they are distrustful of most southern men. It generally requires personal assurances from a United States officer to make them feel safe. But the advice of such an officer is almost uniformly followed. In this manner an immense number of contracts has been made, and it is daily increasing. A northern man has no difficulty in making contracts, and but little in enforcing them. The complaints of southern men that the contracts are not well observed by the freedmen are in many instances well founded. The same can be said of the complaints of freedmen with regard to the planters. The negro, fresh from slavery, has naturally but a crude idea of the binding force of a written agreement, and it is galling to many of the planters to stand in such relations as a contract establishes to those who formerly were their slaves. I was, however, informed by officers of the Freedmen's Bureau, and by planters also, that things were improving in that respect. Contracts will be more readily entered into and more strictly kept as soon as the intimate relations between labor and compensation are better understood and appreciated on both sides.

_Insolence and insubordination_.--The new spirit which emancipation has awakened in the colored people has undoubtedly developed itself in some individuals, especially young men, to an offensive degree. Hence cases of insolence on the part of freedmen occur. But such occurrences are comparatively rare. On the whole, the conduct of the colored people is far more submissive than anybody had a right to expect. The acts of violence perpetrated by freedmen against white persons do not stand in any proportion to those committed by whites against negroes. Every such occurrence is sure to be noticed in the southern papers and we have heard of but very few.

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 circumstances. 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 masses, it is hardly necessary to add anything to what I have already stated. I have heard it asserted that the negroes also cherish feelings of hostility to the whites. Taking this as a general assertion, I am satisfied that it is incorrect. The negroes do not trust their late masters because they do not feel their freedom sufficiently assured. 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 emancipation 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 constitutionally 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 circumstances.

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 class 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 class" 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 assumed 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 passed ordinances abolishing 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 abolishing 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 principal 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 passed into the newspapers and are undoubtedly known to you. I append to this report a specimen, (accompanying document, 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 emancipationist--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 abolishing slavery, and imposing upon the legislature the duty to pass 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 pass laws for the protection of the freedmen in person and property, but also _to guard against the dangers arising from sudden emancipation_. This language is not without significance; not the blessings of a full development of free labor, but only the dangers of emancipation 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 emancipated negro, in perfect consistency with the amended State constitutions; for it rests with them to define what the dangers of sudden emancipation 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 pass 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 passed to guard against the dangers arising from emancipation will be directed against the spirit of emancipation 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 masses by assuring 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 document 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 principal 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 documents 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, assistant commissioner of the bureau at Natchez; and Colonel Thomas, assistant commissioner for the State of Mississippi. (Accompanying documents 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 assault 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 entitled 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 "constitutional amendment." Nine-tenths of the intelligent men with whom I had any conversation upon that subject expressed their willingness to ratify the first section, abolishing 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 "constitutional 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 assume, 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 assume it is at present unnecessary to inquire. There are a hundred ways of framing apprenticeship, vagrancy, or contract laws, which will serve the purpose. Even the mere reorganization of the militia upon the old footing will go far towards accomplishing 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 circumstances. 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 document No. 25.) Second, that the governor proposed to arm the people upon the ground that the inhabitants refused to assist 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 document 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.