concerned, practical men became aware, that if they wanted to have any labor done, it would have been bad policy to move away the laborers they now have before others were there to fill their places. All these devices promising at best only distant relief, and free negro labor being the only thing in immediate prospect, many ingenious heads set about to solve the problem, how to make free labor compulsory by permanent regulations.
Shortly after the close of the war some South Carolina planters tried to solve this problem by introducing into the contracts provisions leaving only a small share of the crops to the freedmen, subject to all sorts of constructive charges, and then binding them to work off the indebtedness they might incur. It being to a great extent in the power of the employer to keep the laborer in debt to him, the employer might thus obtain a permanent hold upon the person of the laborer. It was something like the system of peonage existing in Mexico. When these contracts were submitted to the military authorities for ratification, General Hatch, commanding at Charleston, at once issued an order prohibiting such arrangements. I had an opportunity to examine one of these contracts, and found it drawn up with much care, and evidently with a knowledge of the full bearings of the provisions so inserted.
Appended to this report is a memorandum of a conversation I had with Mr. W. King, of Georgia, a gentleman of good political sentiments and undoubtedly benevolent intentions. He recommends a kind of guardianship to be exercised by the employer over the freedman. He is a fair representative, not of the completely unprejudiced, but of the more liberal-minded class of planters, and his sayings show in what direction even those who are not actuated by any spirit of bitterness against the negro, seek a way out of their perplexities. (Accompanying document No. 29.)
I annex also two documents submitted to Mr. Benjamin F. Flanders, special treasury agent at New Orleans, who then had the management of freedmen's affairs in Louisiana, in November and December, 1864. They are not of a recent date, but may be taken as true representations of the ideas and sentiments entertained by large numbers to-day. The first (accompanying document No. 30) contains "suggestions on the wants of planters before embarking their capital in the cultivation of staple crops," and was submitted by a committee to a meeting of planters at New Orleans, November 21, 1864. It speaks for itself. The others (accompanying document No. 31) is a letter addressed to Mr. Flanders by Mr. T. Gibson, a Louisiana planter, who is well known in New Orleans as professing much affection for the negro. It commences with the assertion that he "has no prejudices to overcome, and would do the black all the good in his power," and winds up with a postscript strongly insisting upon the necessity of corporal punishment, the "great desideratum in obtaining labor from free blacks being its enforcement."
MUNICIPAL REGULATIONS.
The motives and spirit bringing forth such ideas found a still clearer expression in some attempted municipal regulations. In no State within the range of my observation had, at the time of my visit, so much progress been made in the reorganization of local government as in Louisiana. In most of the parishes the parish authorities had exercised their functions for some time; in others the organization was less complete. Governor Wells informed me that he had filled the parish offices with men recommended to him by the people of the parishes, and it is fair to assume that in most cases the appointees represented the views and sentiments of the ruling class. Some of the local authorities so appointed furnished us an indication of the principles upon which they thought it best to regulate free labor within their jurisdiction.
Mr. W.B. Stickney, agent of the Freedmen's Bureau at Shreveport, Louisiana, reported to the assistant commissioner of the bureau in Louisiana as follows: "August 1.—The following is a literal copy of a document brought to this office by a colored man, which is conclusive evidence that there are those who still claim the negro as their property:
"'This boy Calvin has permit to hire to whom he pleases, but I shall hold him as my property until set free by Congress. July 7, 1865. (Signed.) E.V. TULLY.'"
The spirit of the above also made its appearance in another form, in the action of the police board of the parish of Bossier, which was an attempt to revive at once the old slave laws, and to prevent the freedmen from obtaining employment (away) from their former masters. The gist of the enactment alluded to is contained in the paragraph directing the officers on patrol duty "to arrest and take up all idle and vagrant persons running at large without employment and carry them before the proper authorities, to be dealt with as the law directs." A regulation like this certainly would make it difficult for freedmen to leave their former masters for the purpose of seeking employment elsewhere. The matter was submitted to Brevet Major General Hawkins, commanding western district of Louisiana, who issued an order prohibiting the parish police forces from arresting freedmen unless for positive offence against the law.
Clearer and more significant was the ordnance passed by the police board of the town of Opelousas, Louisiana. (Accompanying document No. 34.) It deserves careful perusal. Among a number of regulations applying exclusively to the negro, and depriving him of all liberty of locomotion, the following striking provisions are found:
Section 3. No negro or freedman shall be permitted to rent or keep a house within the limits of the town under any circumstances, and any one thus offending shall be ejected and compelled to find an employer or leave the town within twenty-four hours. The lessor or furnisher of the house leased or kept as above shall pay a fine of ten dollars for each offence.
Section 4. No negro or freedman shall reside within the limits of the town of Opelousas who is not in the regular service of some white person or former owner.
Section 8. No freedman shall sell, barter or exchange, any articles of merchandise or traffic within the limits of Opelousas without permission in writing from his employer, or the mayor, or president of the board.
This ordinance was at first approved by a lieutenant colonel of the United States forces having local command there, and it is worthy of note that thereupon the infection spread at once, and similar ordinances were entertained by the police boards of the town of Franklin and of the parish of St. Landry. (Accompanying document No. 35). The parish ordinance of St. Landry differs from the town ordinances of Opelousas and Franklin in several points, and wherever there is any difference, it is in the direction of greater severity. It imposes heavier fines and penalties throughout, and provides, in addition, for a system of corporal punishment. It is also ordained "that the aforesaid penalties shall be summarily enforced, and that it shall be the duty of the captain or chief of patrol to see that the aforesaid ordinances are promptly executed." While the town ordinances provide that a negro who does not find an employer shall be compelled to leave the town, the parish or county ordinance knows nothing of letting the negro go, but simply compels him to find an employer. Finally, it is ordained "that it shall be the duty of every citizen to act as a police officer for the detection of offences and the apprehension of offenders, who shall be immediately handed over to the proper captain or chief of patrol."
It is true, an "organization of free labor" upon this plan would not be exactly the re-establishment of slavery in its old form, but as for the practical working of the system with regard to the welfare of the freedman, the difference would only be for the worse. The negro is not only not permitted to be idle, but he is positively prohibited from working or carrying on a business for himself; he is compelled to be in the "regular service" of a white man, and if he has no employer he is compelled to find one. It requires only a simple understanding among the employers, and the negro is just as much bound to his employer "for better and for worse" as he was when slavery existed in the old form. If he should attempt to leave his employer on account of non-payment of wages or bad treatment he is compelled to find another one; and if no other will take him he will be compelled to return to him from whom he wanted to escape. The employers, under such circumstances, are naturally at liberty to arrange the matter of compensation according to their tastes, for the negro will be compelled to be in
