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turning was as great as the material. To the negroes “freedom" brought a vague promise of life without toil or trouble. The hard facts soon undeceived them. But for the indulgent Providence they at first hoped for, some occasional and partial substitute appeared in the offices of the Freedmen's Bureau. This had been established by Congress, in March, 1865, with the laudable design of helping to adjust the freedmen to their new condition; to make temporary provision for the extreme physical wants of some; to aid them in arrangements for labor and education; and, as was at first contemplated, to lease to them abandoned or confiscated lands, in plots of forty acres, for three years. This land provision was soon abandoned, there being no confiscation to provide the necessary land; but it started the expectation of "forty acres and a mule," which misled many a freedman. As chief of the Bureau was appointed General O. O. Howard, a distinguished Union commander, of the highest personal character, and entirely devoted to his new work; and under him was a commissioner with a working force in each of the States. The Bureau accomplished considerable good; but its administration on the whole was not of the highest class; among its subordinates were some unfit men; and a good deal of offense and irritation attended its operations. At most, it touched only the circumference of the problem. Three and a half millions of newly enfranchised, ignorant men, women and children! What should provide for the helpless among them, especially for the children, whom the master's care had supported? How should order be maintained in the lower mass, half-brutalized, whom slavery had at least restrained from vagabondage, rapine, and crime? And how should the whole body be induced to furnish the dynamic, driving power of industry essential to the community's needs? These questions the South essayed to

answer in part by a system of laws, of which we may take as a fair specimen the legislation of Mississippi-the only State which had enacted this class of laws before Congress met, as they are summarized in the thorough and impartial book of Professor J. W. Burgess, Reconstruction and the Constitution.

The law of apprenticeship ran thus: Negro children under eighteen, orphans or receiving no support from their parents, to be apprenticed, by clerk of probate court, to some suitable person,-by preference the former master or mistress; the court to fix the terms, having the interest of the minor particularly in view; males to be apprenticed till end of twenty-first year, females to end of eighteenth. No other punishment to be permitted than the common law permits to a parent or guardian. If the apprentice runs away, he is to be apprehended and returned, or, if he refuses to return, to be confined or put under bonds till the next term of the court, which shall then decide as to the cause of his desertion, and if it appears groundless compel his return, or if he has been ill-treated fine the master not more than $100 for the benefit of his apprentice. This statute seems not oppressive but beneficent.

The law of vagrancy provided that all freedmen having no lawful employment or business, or who are found unlawfully assembling, and all white persons so assembling in company with freedmen, or " usually associating with freedmen, free negroes, or mulattoes, on terms of equality," are to be deemed vagrants, and fined, a white man not more than $200, a negro not more than $50, and imprisoned, a white man not more than six months, a negro not more than ten days. If the negro does not pay his fine within five days, he is to be hired out by the sheriff to the person who will pay his fine and costs for the shortest term of service. The same treatment is to be applied to any negro who fails to

pay his tax. This statute meant legal servitude for any negro not finding employment, and the same penalty for a white man who merely consorted with negroes on equal

terms.

The law of civil rights provided that all negroes are to have the same rights with whites as to personal property, as to suing and being sued, but they must not rent or lease lands or tenements except in incorporated towns and cities, and under the control of the corporate authorities. Provision is made for the intermarriage of negroes, and the legalization of previous connections; but intermarriage between whites and negroes is to be punished with imprisonment for life. Negroes may be witnesses in all civil cases in which negroes are parties, and in criminal cases where the alleged crime is by a white person against a negro. Every negro shall have a lawful home and employment, and hold either a public license to do job-work or a written contract for labor. If a laborer quits his employment before the time specified in the contract, he is to forfeit his wages for the year up to the time of quitting. Any one enticing a laborer to desert his work, or selling or giving food or raiment or any other thing knowingly to a deserter from contract labor, may be punished by fine or imprisonment. No negro is to carry arms without a public license. Any negro guilty of riot, affray, trespass, seditious speeches, insulting gestures, language or acts, or committing any other misdemeanor, to be fined and imprisoned, or if the fine is not paid in five days to be hired out to whoever will pay fine and costs. All penal and criminal laws against offenses by slaves or free negroes to continue in force except as specially repealed.

Many of these clauses speak eloquently for themselves, and as to the law in general Professor Burgess, who certainly has no anti-Southern bias, comments: "Almost every

act, word or gesture of the negro, not consonant with good taste and good manners as well as good morals, was made a crime or misdemeanor, for which he could first be fined by the magistrates and then be consigned to a condition of almost slavery for an indefinite time, if he could not pay the bill." And Professor Burgess adds, “This is a fair sample of the legislation subsequently passed by all the States reconstructed under President Johnson's plan."

The case against this class of laws may be left in the necessary limits of space-with this careful and moderate statement, though the temptation is strong to quote from Mr. Schurz and other authorities further specimens of the great body of harassing legislation, both state and local;— the establishment of pillory and whipping-post; the imposition of unjust taxes, with heavy license fees for the practice of mechanic arts; requirements of certified employment under some white man; prohibition of preaching or religious meetings without a special license; sale into indefinite servitude for slight occasion; and so on-a long, grim chapter. Whatever excuses may be pleaded for these laws, under the circumstances of the South, all have this implication,-that the negro was unfit for freedom. He was to be kept as near to slavery as possible; to be made, "if no longer the slave of an individual master, the slave of society." And further, as to the broad conditions of the time, two things are to be noted. The physical violence was almost wholly practiced by the whites against the negroes. Bands of armed white men, says Mr. Schurz, patrolled the highways (as in the days of slavery) to drive back wanderers; murder and mutilation of colored men and women were common,— a number of such cases I had occasion to examine myself." In some districts there was a reign of terror among the freedmen. And finally, the anticipation of failure of voluntary labor speedily proved groundless. A law was at work more

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efficient than any on the statute-books,-Nature's primal law, "Work or starve!" Many, probably a majority of the freedmen, worked on for their old masters, for wages. The others, after some brief experience of idleness and starvation, found work as best they could. No tropical paradise of laziness was open to the Southern negro. The first Christmas holidays, looked forward to with vague hope by the freedmen and vague fear by the whites, passed without any visitation of angels or insurrection of fiends. In a word, the most apparent justifications for the reactionary legislation, danger of rapine and outrage from emancipated barbarians, and a failure of the essential supply of labor -proved alike groundless.

As the facts of the situation became known, not only by Mr. Schurz's report, but by news from the Southern capitals and by various evidence-it was very clear that Congress could not and would not set the seal of national authority on any such settlement as this. Granted, and freely, that no millennium was to be expected, that a long and painful adjustment was necessary, yet it was out of the question that any political theory or any optimistic hopes should induce acquiescence in the legal establishment of semi-slavery throughout the South. It was not Stevens's rancor, nor Sumner's unpracticability, but the serious conviction of the North, educated and tempered by long debate and bitter sacrifice, which ordained that the work of freedom must not be thrown into ruins.

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