The legislature of the State of Tennessee having enacted a law on the 25th of May, 1866, declaring persons of color competent witnesses in all the courts of the State, giving them full and equal benefit of all laws for the security of persons and estate, and relieving them from all punishment and penalty for the commission of offences other than such as are prescribed for white persons committing like offences, the assistant commissioner issued Circular No. 11, current series, abolishing the freedmen's courts, since which time the agents of the bu reau have simply advised and instructed the freedmen in their rights and the methods of maintaining them in the civil tribunals. ADMINISTRATION OF JUSTICE. I am obliged to report that the expectations of the bureau officers and freedmen, in regard to the benefits they were to receive from the operations of the law, have not been realized. The old prejudices and opinions of the civil officers so warp their judgments that the testimony of colored persons is almost universally found wanting when weighed in the balance against that of white persons. The freedmen have little to encourage them in the prosecution of civil suits. Their ignorance, and want of aid and interest on the part of the civil officers, too often leave them victims of the grossest kind of lawyers' trickery, which, however, cuts them off from all hope of redress. They are only free from prosecution in civil suits by lack of property and destitution. He would be a shrewd and successful one indeed who could succeed in keeping the white man from seizing his own without recourse to the civil law. In criminal cases the freedmen are often convicted on the slightest testimony and for want of proper defence, and whenever convicted may, in many districts, surely expect the heaviest penalty, while the white persons convicted of outrages on freedmen may, with much confidence, expect the lightest punish ment. Negro testimony, wherever introduced, is taken, as they say, "for what it is worth," and in some districts it is not offered. (Another name for excluded.) In civil prosecutions by freedmen the delay of the officers, and the stay laws of the State, nullify the judgment, even when in their favor, for any good to them in their present necessities. And in criminal cases the punishment often follows too closely on conviction to admit of appeal or remedy, though the punishment be ever so unjust. I may cite a few of the many instances establishing the truth of the above statements: June 22, 1866.-Mike Dougherty, in Giles county, assaulted a freedman, named King Pedon, with an axe, with intent to kill, and inflicting a severe injury. A warrant was issued by a loyal magistrate, but no further action was had until in August, when, to forestall the action of the county superintendent, said Dougherty was brought before a magistrate for the offence and fined five dollars and costs. About the same time and place five colored boys were accused of combining together to do bodily injury to a white man, but they were held to bail in sums beyond their ability and thrown into jail to await trial. July 7-John Sullivan, Jack Keith, Powhatan Hardeman, James Russell, and one Walls, at night, and on the public highway, and without any provocation, shot a colored man named Dudley Kimble so that he died. A warrant was issued by a magistrate and placed in the hands of the sheriff, P. H. Perden, who made no effort to arrest the accused, nor was any further action had by the civil authorities. On my application, four of the parties accused were arrested September 1 by the military, under General Order No. 44. The civil authorities made immediate requisition for them, and they were turned over to the sheriff of Giles county, and were released on mere nominal bail. In this county (Davidson) six white men are now under indictment for the killing of colored persons in the county within the last six months. They are at large on bail from two to five thousand dollars each, but their trial has been postponed from time to time, and will be, I fear, indefinitely. About three weeks since the police of this city arrested some forty or fifty young men and boys (colored) on various pretexts, mostly for vagrancy, and they were thrown into the work-house to work out fines of from $10 to $60 each. By an arrangement with the city recorder, Messrs. Beach and Cheatham, residents of this city, went to the work-house, and, by paying their fines, induced the prisoners, as is claimed, to consent to go to Arkansas to work on a plantation. The freedmen were taken from the work house and carried off under guard. Many of them are minors, and were taken away without the knowledge or consent of their parents. Indeed the whole transaction was accomplished so quietly that myself or my agents had no knowledge of it until they were gone. The matter is being thoroughly investigated, but I have little hope of proper redress from the civil authorities. I have consulted with General Thomas in the matter, and, with his approval, have sent an agent to Arkansas with voluminous testimony, and an application to General Ord for a thorough investigation of the case on the plantation in Chicot county, and the immediate return of the minors and all adults unjustly abducted to this city. The aid to be expected from the civil authorities, in some districts, may be indicated by the following extracts from report of Captain Tracy, Veteran Reserve Corps, of an inspection of affairs in Sumner county, dated November 1, 1866. He says he has "made as thorough an inspection as could, under the circumstances, have been made, and found a perfect reign of terror existing; so much so that any report that I can make would utterly fail to do the subject justice, and would have to be seen and experienced to be appreciated. I saw and experienced myself a small portion, but am still unable to describe to you the real and actual state of affairs that exist in that county, together with Robertson county and Simpson county, Kentucky, all joining, which are governed by Ellis Harper, the notorious guerilla chief, who has a band of armed men so strong that any opposition to him by Union men or freedmen would be perfectly futile. Their strength in numbers is unknown, but it is known to be a powerful band, who perpetrate outrages so numerous and revolting as to strike terror to all unorganized and unprotected citizens, whether black or white, who entertain Union sentiments. This class is so much in the minority that they dare not offer any resistance, or report them to the authorities; and the civil authorities, whether leagued with them or not, dare not attempt to bring the parties to justice, so that the civil law is virtually a farce; and the only cases that are tried by county migistrates, of a criminal nature, are those brought by those outlaws against Union men and freedmen; but this is seldom done, for they take the laws into their own hands, Harper's law,' and, on the most trivial pretexts, inflict the most brutal and summary punishment, which the following cases will serve to illustrate." Here follows a recital of seven cases, including five murders, highway robbery, rape, and assault. Detachments of troops have frequently been sent into this region, but, owing to the protection and warning given the authors, they have not been arrested. From a majority of the counties in Middle and West Tennessee the superintend ents report that there will be great difficulty in the settlement of contracts for the past year, and great injustice done the freedmen. From, perhaps, one-third of the counties, the superintendents report that the freedmen and their employers are getting along passably well together. The chief superintendent of East Tennessee reports that "the rights of the colored people are generally respected better in this section than almost any other part of the south. The contracts of the colored people are all made by themselves, and are generally verbal. Very few complaints are made of bad faith on the part of either whites or blacks." Ex. Doc. 6- -9 LABOR AND SUPPORT. The contract labor system. as applied in Tennessee, would undoubtedly have been a complete success if carried out in good faith. Contracts have generally been made for one year, and, when carried out in good faith by the employers, the result has demonstrated the propriety of long contracts. They serve to fix the freedmen in permanent homes, keep the families together, enable them to calculate and make plans for the future, and increase the amount saved at the end of the year. For the employers they give stability to all business operations, and it is believed would, in the end, increase their profits. Unquestionably the yearly contract system, if it gives property to the freedmen more slowly, does it more surely, and by it the number of paupers and destitute is greatly reduced. The form of contracts issued from the commissioner's office is that in general use in Tennessee, but, unfortunately, county superintendents have frequently varied from it, adding to or subtracting from. The employers required more specific contracts, generally confining the freedmen more closely, requiring them to labor, whether for wages or an interest in the crops, under the supreme direction of the employer, confining them to the plantation at the pleasure of the employer, &c., &c., and stipulating for the forfeiture of wages on failure to comply with any of these provisions. While the bureau courts were in operation, there were few complaints of breach of contract, and these were generally settled in equity. Since the courts were abolished and all control over contracts was turned over to the civil courts, these complaints have multiplied, and as the crops mature and are laid by, the employers take advantage of these special provisions to find all sorts of pretexts for turning away their hands without wages or share in the crops. Unfortunately for the freedmen, these bad men have ample facilities, by their knowledge of law and the prejudices of the courts, to make the worse appear the better part. The freedmen are, as a general thing, laboring well and faithfully for themselves and the interests of their employers. It is believed that about one-half of them in the agricultural districts are at work for an interest in the crops. More than one-half of all of them are laboring under contracts of some kind. The agents of the bureau have made and registered for the last season about 20,000 contracts, including about 50,000 persons, adults and children. About 500 orphan children have been found homes and apprenticed under the form provided by the State law, with an education clause added. The freedmen have established beyond doubt the fact that they can support themselves if granted their rights. It is believed that with justice there will be very little suffering among them the coming winter, except among the old, the sick, the widows and orphans, especially about the crowded towns. The crops will furnish subsistence for the entire population, except perhaps in meat. Much more cotton has been planted this season than ever before; it will, however, produce not much more than half a crop. The corn crop in East and Northern Tennessee is at least an average crop, and will perhaps make up in those localities for the failure in the rest of the State. The wheat has produced about half a crop. Tobacco will be fully an average crop, and more planted than usual. Hogs have suffered from hog cholera, and there will probably be less than one-half the usual amount of pork. The total amount of land under cultivation will not fall much short of that of 1860. SCHOOLS. The education of the freedmen is second in importance only to their civil rights and the labor question, and the result of the educational movements will be the controlling element in the final settlement of those questions. The following exhibit shows the progress of schools during the year: The increase of schools and teachers without a corresponding increase of pupils is owing to the losses from the large schools by the necessary removal of the freedmen from towns to the country, where they are only partially regained to the small schools. The number of night schools reported in September was only four, and in October nine. This is believed to be much less than the number actually in operation, and that many more will be added during the winter months. Sabbath schools have been reported as follows: For September, 37 schools, 1,642 scholars; October, 35 schools, 3,619 scholars. These schools reported are principally those carried on by the teachers of day schools. There are many more in operation, and the number will be largely increased. The indications are very encouraging, and much interest has been manifested on this subject at the annual church conferences of the different denominations. RENT AND REPAIRS OF SCHOOL BUILDINGS. Large sums have been expended in buildings needed for the large schools in Nashville, Memphis, and Chattanooga, but the general policy has been adopted to invest the sums appropriated for this purpose in property, the title of which rests in, or at last surely will revert to, the colored people, believing that in no other way can the bureau so properly expend the government funds, nor leave a better legacy to the colored people of Tennessee. The following sums have been expended in the repair of school buildings and the restoration of those destroyed: U. P. mission school, at Nashville.... M. E. Church central college, Nashville.. A. M. A. school, Memphis... W. F. A. C. school, Memphis.. W. F. A. C. school, Chattanooga. O. S. Presbyterian mission, Clarksville.. W. F. A. C., Clarksville... $200 00 2,030 60 5,000 00 1,222 40 1,838 00 227 65 75 00 48 00 60 20 45 43 340 53 95 00 134 00 238 90 11,555 71 Repairs are also in progress at Lebanon, Murfreesboro', Wartrace, Farmington. Brentwood, Pulaski, and other points, and negotiations in progress for the establishment of new schools in East and West Tennessee, and it is hoped we may soon have schools in nearly every county of the State where there are pupils enough conveniently situated. Transportation has been paid for teachers, as follows: U. P. mission school, Nashville..... Central College M. E. church, Nashville.. Pa. F. Relief Association school, Nashville... Fisk school, Nashville.... O. S. Pres. Mi-s. school, Clarksville.. A. M. A. school, Smyrna.. A. M. A. school, Springfield.. $168.00 70 37 109 93 271 28 51 80 13 65 29.95 714 98 The bills for actual cost of transportation of teachers for the other schools have not yet been presented. There are many private and wayside schools to which such countenance and support have been given as was possible. The improvements in the system and order in the schools, and the advance ment of the pupils, are encouraging beyond expectation, and are partially exhibited as follows: The interest evinced by the pupils is something wonderful. The number preparing themselves to teach is quite large, and the normal classes are increasing every day. We shall soon have important aid in the work from this source. While the charitable societies of the north are doing nobly in this work, I can but regret that they have in some measure abandoned the Union societies, and are turning their efforts into denominational channels. This in some ways embarrassed the bureau agents, inasmuch as the effort is more often made to enter a field that promises denominational success, even if already fully occupied, than to enter upon new ground. Some of the money that formerly went for schools is now also devoted to other church purposes Perhaps, however, the new movement may add new vigor to their efforts and thus supply the ever-increasing demand. The assistant commissioner has also advised and given countenance to efforts made to induce the freedmen themselves to increase their support to the schools. To prepare them for the time when it is hoped free schools may be supported by a general tax, and when this whole field must be left to self-support, efforts are being made to induce them, by voluntary taxation of those able to pay, to contribute toward the present support of free schools established among them. For the moral effect it will have upon them this plan is urged, as well as to supply the poor and destitute. FEELING OF THE WHITES TOWARDS COLORed schools. The evidences of ill feeling in the past are the school-houses burned, schools broken up, and teachers driven away. In the riot at Memphis the destruction of school property was as follows: Government buildings— Five valued at $2,500 each.. $12,500 |