A Just and Lasting Peace: A Documentary History of Reconstruction

by John David Smith

  In discussing the matter of negro suffrage I deemed it my duty to confine myself strictly to the practical aspects of the subject. I have, therefore, not touched its moral merits nor discussed the question whether the national government is competent to enlarge the elective franchise in the States lately in rebellion by its own act; I deem it proper, however, to offer a few remarks on the assertion frequently put forth, that the franchise is likely to be extended to the colored man by the voluntary action of the southern whites themselves. My observation leads me to a contrary opinion. Aside from a very few enlightened men, I found but one class of people in favor of the enfranchisement of the blacks: it was the class of Unionists who found themselves politically ostracized and looked upon the enfranchisement of the loyal negroes as the salvation of the whole loyal element. But their numbers and influence are sadly insufficient to secure such a result. The masses are strongly opposed to colored suffrage; anybody that dares to advocate it is stigmatized as a dangerous fanatic; nor do I deem it probable that in the ordinary course of things prejudices will wear off to such an extent as to make it a popular measure. Outside of Louisiana only one gentleman who occupied a prominent political position in the south expressed to me an opinion favorable to it. He declared himself ready to vote for an amendment to the constitution of his State bestowing the right of suffrage upon all male citizens without distinction of color who could furnish evidence of their ability to read and write, without, however, disfranchising those who are now voters and are not able to fulfil that condition. This gentleman is now a member of one of the State conventions, but I presume he will not risk his political standing in the south by moving such an amendment in that body.

  The only manner in which, in my opinion, the southern people can be induced to grant to the freedman some measure of self-protecting power in the form of suffrage, is to make it a condition precedent to “readmission.”. . .

  CONCLUSION.

  I may sum up all I have said in a few words. If nothing were necessary but to restore the machinery of government in the States lately in rebellion in point of form, the movements made to that end by the people of the south might be considered satisfactory. But if it is required that the southern people should also accommodate themselves to the results of the war in point of spirit, those movements fall far short of what must be insisted upon.

  The loyalty of the masses and most of the leaders of the southern people, consists in submission to necessity. There is, except in individual instances, an entire absence of that national spirit which forms the basis of true loyalty and patriotism.

  The emancipation of the slaves is submitted to only in so far as chattel slavery in the old form could not be kept up. But although the freedman is no longer considered the property of the individual master, he is considered the slave of society, and all independent State legislation will share the tendency to make him such. The ordinances abolishing slavery passed by the conventions under the pressure of circumstances, will not be looked upon as barring the establishment of a new form of servitude.

  Practical attempts on the part of the southern people to deprive the negro of his rights as a freeman may result in bloody collisions, and will certainly plunge southern society into restless fluctuations and anarchical confusion. Such evils can be prevented only by continuing the control of the national government in the States lately in rebellion until free labor is fully developed and firmly established, and the advantages and blessings of the new order of things have disclosed themselves. This desirable result will be hastened by a firm declaration on the part of the government, that national control in the south will not cease until such results are secured. Only in this way can that security be established in the south which will render numerous immigration possible, and such immigration would materially aid a favorable development of things.

  The solution of the problem would be very much facilitated by enabling all the loyal and free-labor elements in the south to exercise a healthy influence upon legislation. It will hardly be possible to secure the freedman against oppressive class legislation and private persecution, unless he be endowed with a certain measure of political power.

  As to the future peace and harmony of the Union, it is of the highest importance that the people lately in rebellion be not permitted to build up another “peculiar institution” whose spirit is in conflict with the fundamental principles of our political system; for as long as they cherish interests peculiar to them in preference to those they have in common with the rest of the American people, their loyalty to the Union will always be uncertain.

  I desire not to be understood as saying that there are no well-meaning men among those who were compromised in the rebellion. There are many, but neither their number nor their influence is strong enough to control the manifest tendency of the popular spirit. There are great reasons for hope that a determined policy on the part of the national government will produce innumerable and valuable conversions. This consideration counsels lenity as to persons, such as is demanded by the humane and enlightened spirit of our times, and vigor and firmness in the carrying out of principles, such as is demanded by the national sense of justice and the exigencies of our situation.

  In submitting this report I desire to say that I have conscientiously endeavored to see things as they were, and to represent them as I saw them: I have been careful not to use stronger language than was warranted by the thoughts I intended to express. A comparison of the tenor of the annexed documents with that of my report, will convince you that I have studiously avoided overstatements. Certain legislative attempts at present made in the south, and especially in South Carolina, seem to be more than justifying the apprehensions I have expressed.

  Conscious though I am of having used my best endeavors to draw, from what I saw and learned, correct general conclusions, yet I am far from placing too great a trust in my own judgment, when interests of such magnitude are at stake. I know that this report is incomplete, although as complete as an observation of a few months could enable me to make it. Additional facts might be elicited, calculated to throw new light upon the subject. Although I see no reason for believing that things have changed for the better since I left for the south, yet such may be the case. Admitting all these possibilities, I would entreat you to take no irretraceable step towards relieving the States lately in rebellion from all national control, until such favorable changes are clearly and unmistakably ascertained.

  To that end, and by virtue of the permission you honored me with when sending me out to communicate to you freely and unreservedly my views as to measures of policy proper to be adopted, I would now respectfully suggest that you advise Congress to send one or more “investigating committees” into the southern States, to inquire for themselves into the actual condition of things, before final action is taken upon the readmission of such States to their representation in the legislative branch of the government, and the withdrawal of the national control from that section of the country.

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

  CARL SCHURZ.

  His Excellency ANDREW JOHNSON,

  President of the United States.

  LAWS OF THE STATE OF MISSISSIPPI

  (1866)

  No sooner had the Civil War ended than whites in each of the former Confederate states passed special laws, the so-called Black Codes, designed to define the legal status and regulate the economic and social condition of the freedpeople. Whites reasoned that slavery’s demise required new regulations setting forth the legal contours of race relations. Though the blacks gained rights formerly denied them as slaves (including the right to sue and be sued, the legalization of marriages and the offspring of such unions), the Black Codes circumscribed the freedmen and -women, keeping them tied to the land as agricultural laborers and under conditions as close to slavery as possible. Mississippi passed the first of these repressive ordinances, which served as models for other
states. By early 1866, Freedmen’s Bureau and U.S. Army officers nullified these laws. The codes exposed the unwillingness of white Southerners to accept the full meaning of emancipation, undermined Presidential Reconstruction, and fueled the rise of Radical Reconstruction.

  AN ACT TO CONFER CIVIL RIGHTS ON FREEDMEN, AND FOR OTHER PURPOSES.

  SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That all freedmen, free negroes and mulattoes may sue and be sued, implead and be impleaded in all the courts of law and equity of this State, and may acquire personal property and choses in action, by descent or purchase, and may dispose of the same, in the same manner, and to the same extent that white persons may: Provided that the provisions of this section shall not be so construed as to allow any freedman, free negro or mulatto, to rent or lease any lands or tenements, except in incorporated towns or cities in which places the corporate authorities shall control the same.

  SEC. 2. Be it further enacted, That all freedmen, free negroes and mulattoes may intermarry with each other, in the same manner and under the same regulations that are provided by law for white persons: Provided, that the clerk of probate shall keep separate records of the same.

  SEC. 3. Be it further enacted, That all freedmen, free negroes and mulattoes, who do now and have heretofore lived and cohabited together as husband and wife shall be taken and held in law as legally married, and the issue shall be taken and held as legitimate for all purposes. That it shall not be lawful for any freedman, free negro or mulatto to intermarry with any white person; nor for any white person to intermarry with any freedman, free negro or mulatto; and any person who shall so intermarry shall be deemed guilty of felony, and on conviction thereof, shall be confined in the State Penitentiary for life; and those shall be deemed freedmen, free negroes and mulattoes who are of pure negro blood, and those descended from a negro to the third generation inclusive, though one ancestor of each generation may have been a white person.

  SEC. 4. Be it further enacted, That in addition to cases in which freedmen, free negroes and mulattoes are now by law competent witnesses, freedmen, free negroes or mulattoes shall be competent in civil cases when a party or parties to the suit, either plaintiff or plaintiffs, defendant or defendants; also in cases where freedmen, free negroes and mulattoes is or are either plaintiff or plaintiffs, defendant or defendants, and a white person or white persons is or are the opposing party or parties, plaintiff or plaintiffs, defendant or defendants. They shall also be competent witnesses in all criminal prosecutions where the crime charged is alleged to have been committed by a white person upon or against the person or property of a freedman, free negro or mulatto: Provided that in all cases said witnesses shall be examined in open court on the stand, except however, they may be examined before the grand jury, and shall in all cases be subject to the rules and tests of the common law as to competency and credibility.

  SEC. 5. Be it further enacted, That every freedman, free negro and mulatto, shall, on the second Monday of January, one thousand eight hundred and sixty-six, and annually thereafter, have a lawful home or employment, and shall have written evidence thereof, as follows, to wit: if living in any incorporated city, town or village, a license from the mayor thereof; and if living outside of any incorporated city, town or village, from the member of the board of police of his beat, authorizing him or her to do irregular and job work, or a written contract, as provided in section sixth of this act, which licenses may be revoked for cause, at anytime, by the authority granting the same.

  SEC. 6. Be it further enacted, That all contracts for labor made with freedmen, free negroes and mulattoes, for a longer period than one month shall be in writing and in duplicate, attested and read to said freedman, free negro or mulatto, by a beat, city or county officer, or two disinterested white persons of the county in which the labor is to be performed, of which each party shall have one; and said contracts shall be taken and held as entire contracts, and if the laborer shall quit the service of the employer, before expiration of his term of service, without good cause, he shall forfeit his wages for that year, up to the time of quitting.

  SEC. 7. Be it further enacted, That every civil officer shall, and every person may arrest and carry back to his or her legal employer any freedman, free negro or mulatto, who shall have quit the service of his or her employer before the expiration of his or her term of service without good cause, and said officer and person shall be entitled to receive for arresting and carrying back every deserting employee aforesaid, the sum of five dollars, and ten cents per mile from the place of arrest to the place of delivery, and the same shall be paid by the employer, and held as a set-off for so much against the wages of said deserting employee: Provided that said arrested party after being so returned may appeal to a justice of the peace or member of the board of police of the county, who on notice to the alledged employer, shall try summarily whether said appellant is legally employed by the alleged employer and has good cause to quit said employer; either party shall have the right of appeal to the county court, pending which the alleged deserter shall be remanded to the alleged employer, or otherwise disposed of as shall be right and just, and the decision of the county court shall be final.

  SEC. 8. Be it further enacted, That upon affidavit made by the employer of any freedman, free negro or mulatto, or other credible person, before any justice of the peace or member of the board of police, that any freedman, free negro or mulatto, legally employed by said employer, has illegally deserted said employment, such justice of the peace or member of the board of police, shall issue his warrant or warrants, returnable before himself, or other such officer, directed to any sheriff, constable or special deputy, commanding him to arrest said deserter and return him or her to said employer, and the like proceedings shall be had as provided in the preceding section; and it shall be lawful for any officer to whom such warrant shall be directed, to execute said warrant in any county of this State, and that said warrant may be transmitted without endorsement to any like officer of another county, to be executed and returned as aforesaid, and the said employer shall pay the cost of said warrants and arrest and return, which shall be set off for so much against the wages of said deserter.

  SEC. 9. Be it further enacted, That if any person shall persuade or attempt to persuade, entice or cause any freedman, free negro or mulatto, to desert from the legal employment of any person, before the expiration of his or her term of service, or shall knowingly employ any such deserting freedman, free negro or mulatto, or shall knowingly give or sell to any such deserting freedman, free negro or mulatto, any food, rayment or other thing, he or she shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than twenty-five dollars and not more than two hundred dollars and the costs, and if said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding two months imprisonment in the county jail, and he or she shall moreover be liable to the party injured in damages: Provided, if any person shall, or shall attempt to persuade, entice, or cause any freedman, free negro or mulatto, to desert from any legal employment of any person, with the view to employ said freedman, free negro or mulatto, without the limits of this State, such person, on conviction, shall be fined not less than fifty dollars and not more than five hundred dollars and costs, and if said fine and costs shall not be immediately paid, the court shall sentence said convict to not exceeding six months imprisonment in the county jail.

  SEC. 10. Be it further enacted, That it shall be lawful for any freedman, free negro or mulatto to charge any white person, freedman, free negro or mulatto, by affidavit, with any criminal offence against his or her person or property and upon such affidavit the proper process shall be issued and executed as if said affidavit was made by a white person, and it shall be lawful for any freedman, free negro or mulatto, in any action, suit or controversy pending, or about to be instituted, in any court of law or equity of this State, to make all needful and lawf
ul affidavits, as shall be necessary for the institution, prosecution or defence of such suit or controversy.

  SEC. 11. Be it further enacted, That the penal laws of this State, in all cases not otherwise specially provided for, shall apply and extend to all freedmen, free negroes and mulattoes.

  SEC. 12. Be it further enacted, That this act take effect and be in force from and after its passage.

  Approved November 25, 1865.

  AN ACT TO BE ENTITLED “AN ACT TO REGULATE THE RELATION OF MASTER AND APPRENTICE, AS RELATES TO FREEDMEN, FREE NEGROES, AND MULATTOES.”

  SECTION 1. Be it enacted by the Legislature of the State of Mississippi, That it shall be the duty of all sheriffs, justices of the peace, and other civil officers of the several counties in this State, to report to the probate courts of their respective counties, semi-annually, at the January and July terms of said courts, all freedmen, free negroes and mulattoes, under the age of eighteen, within their respective counties, beats or districts, who are orphans, or whose parent or parents have not the means, or who refuse to provide for and support said minors, and thereupon it shall be the duty of said probate court, to order the clerk of said court to apprentice said minors to some competent and suitable person, on such terms as the court may direct, having a particular care to the interest of said minor: Provided, that the former owner of said minors shall have the preference, when in the opinion of the court, he or she shall be a suitable person for that purpose.

  SEC. 2. Be it further enacted, That the said court shall be fully satisfied that the person or persons to whom said minor shall be apprenticed, shall be a suitable person to have the charge and care of said minor, and fully to protect the interest of said minor. The said court shall require the said master or mistress to execute bond and security, payable to the State of Mississippi, conditioned that he or she shall furnish said minor with sufficient food and clothing, to treat said minor humanely, furnish medical attention in case of sickness; teach or cause to be taught him or her to read and write, if under fifteen years old, and will conform to any law that may be hereafter passed for the regulation of the duties and relation of master and apprentice: Provided, that said apprentice shall be bound by indenture, in case of males until they are twenty-one years old, and in case of females until they are eighteen, years old.