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be dispensed with, and he was by General Order No. 1, from these headqua ters, dated June 27, 1866, appointed acting assistant adjutant general.

The territory under the charge of the assistant commissioner now embraces the States of Virginia and West Virginia, excepting the counties of Fairfax and Alexandria, in the first mentioned State.

Owing to the recent date at which the State of West Virginia was assigned to this department, and the small number of freedmen within its limits, it has required but little attention from these headquarters. As the report of bureau affairs in this State will undoubtedly be made by the assistant commissioner recently in charge, the following report will apply only to the State of Virginia. The result of a census complete in some districts, and of a careful estimate in others, shows the colored population to number about 500,000, not varying materially from that before the late rebellion.

ORGANIZATION.

The division of the department into districts and sub-districts has been continued. Owing to the muster-out of officers it was not possible to keep assistant quartermasters as superintendents of districts, and the charge of nearly all bureau property has been transferred to the chief quartermaster and financial agent.

In order to give additional influence in a legitimate form, application was made for "officers in the military service, acting as superintendents or assistant superintendents, to be invested with all the power and authority usually exercised by provost marshals," which was ordered by special order, headquarters department of Virginia, dated January 24, 1866.

In May last, when the jurisdiction of bureau courts had been resigned to the State tribunals, it was found possible to reduce the number of officers on duty. The roster at that time showed on the staff and in charge of districts and sub-districts, ninety-one (91) officers in the military service, and nine civilians. At the present time there are sixty-three (63) military officers exclusively on bureau duty, as follows, viz: one colonel, two lieutenant colonels, one major, one surgeon of volunteers, twenty-one captains, thirteen first lieutenants, and twenty-four second lieutenants. Three civilians are employed as superintend ents and assistants, one as superintendent of schools, and thirteen civilians as physicians.

Subsequent to the last report a system of inspection was adopted, by which the department was divided into two inspection divisions; Lieutenant Colonel Garrick Mallery, Veteran Reserve Corps, brevet colonel United States volunteers, being assigned to the northern, and Lieutenant Colonel H. Reide, Veteran Reserve Corps, brevet brigadier general United States volunteers, to the southern diCareful and frequent inspection tours and reports have been made by these officers. In addition to this, the several superintendents of districts have been required to inspect and report upon all the sub-districts within their jurisdiction.

All assistant superintendents are required to report at the end of each month, specifically in relation to the following subjects within their sub-districts, viz: the number of freedmen able to work for whom employment cannot be found, whether there is a surplus demand for labor; the manner in which the State laws are executed,; whether the freedmen have been treated with impartiality, and the law in respect to their testimony carried out in good faith, or otherwise; the condition of bureau affairs, including contracts made and violated; labor and its reward; the support of aged and infirm, and the domestic relations of the freedmen, with all else bearing upon their welfare.

THE ISSUE OF RATIONS.

In affording this relief there has been an earnest attempt to discourage pauperism while preventing suffering, and to have the issue confined to the helpless and destitute, but not extended to those persons able to work for whom employment could be furnished, either at the place of their residence or elsewhere.

At the beginning of the present year, cases of support of aged and infirm freedmen by former owners were too few and insignificant for calculation, nor did the civil authorities in any instance recognize the claims of this class, which, owing to the former system of sale and exportation of large numbers of the young and able-bodied, was, and is, disproportionately large.

There were also multitudes carried by the tide of war far from their old homes to localities that could not afford sufficient employment for support, yet unwilling to return; also, in the unsettled relations of labor to supply and demand there were thousands, untaught to seek a livelihood, who were for a time unable to find it.

Many attempts were made by land-owners to employ foreign immigrants instead of colored labor, which, however, have proved unsuccessful, although an act was passed in March last by the legislature for its encouragement, with a preamble reciting that "the recent radical change in the labor system of the South has rendered the introduction of a new class of laborers necessary."

In nearly all the counties taxes have been imposed upon the former slave population, to the collection of which no obstacle has been interposed. As this taxation implies the correlative right of support for the aged and infirm poor of that class, as well as general protection, all possible exertions have been made to secure proper action by the several counties and towns.

In December last the overseers of the poor of the various counties and corporations were notified of the paupers belonging to each, who were supported by the bureau, and were requested to relieve the government of their care and maintenance. This elicited no favorable action. By circular of March 21 the following questions were addressed to each board of overseers of the poor, viz: "Will you undertake to provide for the maintenance or assistance of destitute colored persons having a settlement in your town, or county, in the same manner as is provided for destitute white persons ?" "What will be the character of such maintenance or assistance; and if it cannot be provided for all destitute colored persons, for what proportion will you undertake to provide? What rule do you propose for your own action on the whole subject of colored paupers?" Also to ascertain the exact facts upon the kindred subject of taxation. All the clerks of the counties and corporations were by circular of April 6 called upon to answer as to the following particulars :

1. The amount of county levy required to be paid by each tithable person? 2. The amount of poor levy?

3. What class of colored males were exempt from county and poor rates? 4. What amount is laid on real estate, per $100 valuation, to defray county levy and poor tax?

5. What is the comparative number of the colored with white tithables? The answers to these interrogatories have shown that in nearly the whole State the freedmen are taxed for county and poor purposes precisely as the whites, all males above sixteen years being taxed, except such as may be relieved by special order of the county court on account of age or infirmity. It was by law optional with the county authorities to levy this tax upon property or per capita, or to adopt both methods; but, as a rule throughout the State, nearly the whole tax has been levied per capita for these purposes, so that in certain counties, where colored persons preponderate, the tax is largely assessed upon them.

In the majority of cases the county authorities recognize the right of the colored paupers to a support, but a great proportion of these assert their present inability to perform that admitted duty.

There is also a question raised between various counties and corporations which diminishes the prospect of relief. The code of Virginia fixes twelve months' residence in the county or corporation as the period necessary to gain a settlement. The greater number of destitute freedmen in the State have been for a longer period than one year residents of localities other than their old homes. The counties where they now reside refuse to acknowledge them because they were not residents there before the war, and demand their return to their original counties, while the latter insist that their absence for the last one two, or three years has forfeited their legal settlement and claim for support. Thus, between the two, but little relief for this large class is obtained.

The largest body of destitutes has been upon the peninsula of Virginia, and chiefly in the neighborhoods of Hampton and Yorktown, to which points, being within the lines of the army, great multitudes flocked during the war, aud, though somewhat reduced, remain in numbers much exceeding the normal population.

The land at first occupied by these people has been generally restored to its former owners, and there is not demand for labor proportionate to the popula tion; indeed, from the failure of crops, there has not been enough raised on the peninsula to feed the colored inhabitants.

A considerable number of those drawing rations in this region were the wives and families of colored soldiers, to whom the government had pledged its support.

The persistency with which the surplus population of the peninsula has adhered to this locality, without hope of a permanent or sufficient livelihood, and against the advice and exertions of the bureau officers, has been and still remains a serious evil.

The present issue of rations is under Circular No. 10 from headquarters of the bureau, dated 22d of August last, discontinuing the issue to all "except to the sick in regularly organized hospitals, and orphan asylums already existing." The above circular was modified in respect to this department by instructions from the. Commissioner of September 27, as follows: "If, after due notification of the requirements of Circular No. 10, current series, the State officials refuse to take charge of the poor, then, in extreme cases only, and to prevent actual starvation, you may make special requisition for the rations needed, stating the particulars of each case, and the requisition will be approved."

By indorsement of the Commissioner, of October 4, these instructions were also extended to destitute refugees as well as freedmen.

The proper authorities of all the counties and corporations were promptly notified of the above circular by a copy being furnished, the receipt of which was acknowledged. From the manifest resolve of the civil authorities in many parts of Virginia not to take care of their aged and infirm poor, and the fact that many even of the able-bodied will, during the winter, be out of work, without having been able to save sufficient for their support, it is believed that under the above modified instructions it will be necessary to continue relief to a considerable extent.

The following tables will show the amount and value of rations issued during each month since the last annual report.

The increase since September 1 is due to the addition of the State of West Virginia to this department.

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There is no doubt that throughout the department the freedmen, considering the circumstances, are working well. From the changes produced by the war there is an irregular distribution of labor with reference to supply and demand, In a few districts the demand exceeds the supply, but the reverse is true of the larger portion of the State. The wages given are low, averaging, for an ablebodied man, about nine dollars per month, with rations, and without clothing. The officers of the bureau have drawn many of the labor contracts, and have advised and assisted the freedmen in others.

There have been frequent attempts to impose upon the freedmen by unjust and one-sided contracts, and when the person who hired labor no longer needs it, it is not rare to find the laborer turned away and payment evaded on trivial pretexts.

The freedmen are rapidly learning to appreciate the obligations they assume under contracts, and it is believed that they observe such as are plain and just as well as white laborers in the north.

In some districts the system of working on shares has been adopted, but has occasioned much trouble from the interference of the land-owners with the hours and independence of the party contracting with him. The supervision formerly existing under slave rule is, to a great extent, claimed by the owner, and, in default of entire compliance, penalties are exacted which, taken out of the share of crops raised, would leave the year's labor with little remunera

Ex. Doc. 6-11

tion. As long as local magistrates are to decide disputes of this character, as they do at present, the system of work upon shares is to the disadvantage of the freedmen.

HOMESTEAD LAW.

Circular No. 6, from headquarters of the bureau, dated July 2, 1866, giving instructions on the subject of the "homestead actual settlement" of public lands in the States of Mississippi, Lou'siana, Arkansas, and Florida, under the act of Congress approved June 21, 1866, was duly promulgated with additional instructions from these headquarters of July 23. On the 5th of July applications was made to headquarters of the bureau for as complete maps and descriptions as could be obtained from the land office, or any other source, and the inquiry made whether transportation could be furnished to freedmen, together with such temporary subsistence as they might require.

On August 16, by indorsement from the headquarters of the bureau, information was given that "transportation and subsistence would be furnished the freedmen to the localities to which they desired to go."

No information regarding the particular location of the lands has been received The presentation to the freedmen of the advantages offered by the homestead act was made at a season of the year when, and was limited to the time for which, many of them had made contracts, or had crops growing which they were unwilling to leave.

It is also to be considered that apart from the timidity of the race, disinclining them to emigrate to regions to them uuknown, no further offer could, as above shown, be made to them beyond their transportation and subsistence during travel.

Of the class that were disposed to emigrate none had means enough to procure the necessary teams, seeds, and farming implements, or to purchase subsistence after their arrival, when government aid would have been withdrawn.

The only mode in which these people could be expected to settle in the distant and wild localities offered to them would be by affording additional aid from government or organized charities, which could not be with safety promised. The result has therefore been that no good has been accomplished in this di

rection.

DOMESTIC RELATIONS OF THE FREEDMEN.

On the 27th of February the legislature of the State of Virginia passed an important act in relation to the future marriages of colored persons, and further declaring as follows: "When colored persons, before the passage of this act, shall have undertaken and agreed to occupy the relation to each other of husband and wife, and shall be cohabiting together at the time of its passage, whether the rites of marriage shall have been celebrated between them or not, they shall be deemed husband and wife, and be entitled to the rights and privileges and subject to the duties and obligations of that relation in like manner as if they had been duly married by law, and all their children shall be deemed legitimate, whether born before or after the passage of this act; and when the parties have ceased to cohabit before the passage of this act, in consequence of the death of the woman, or from any other cause, all the children of the woman, recognized by the man to be his, shall be deemed legitimate."

The importance of this legislation has been very great; the freed people have joyfully availed themselves of its provisions to sanction their union, and the pride and security felt by them in this privilege have tended to their moral elevation.

With the right to acquire and hold property, questions of importance arise which render the provisions with reference to the legitimization of children highly useful.

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