that officers of the bureau should, to the full proportion existing at the present time, be in the military service and clothed with military rank. Not only does the influence of such rank greatly increase their efficiency with all parties affected by their duties, but the higher degree of responsibility as well as proper pride and ambition tend to insure good conduct and energy. The spirit of the bureau is so wholly military, that to have any large proportion of its officers in civil life would seriously disturb its usefulness.

As regards rations, the present system of the modified Circular No. 10 from headquarters of the bureau, by which each case is reported as individual and exceptional, is considered to be now precisely what is required.

The refusal of some counties to attend to their colored paupers, and the attempt of others to evade that responsibility, as above set forth, call for the renewed recommendations of what has before been made to the headquarters of the bureau; that is, that the freedmen in such localities be protected from the payment of taxes assessed for objects, the benefits of which are not extended to them.

While it is not believed that the supply of labor exceeds such demand as would exist under proper cultivation of the soil or due attention to other industrial interests, yet it is now in excess and is insufficiently remunerated.

A natural cure arising within the department itself would be effected by sev eral successive years of agricultural and general prosperity, together with the introduction of foreign capital. The latter, however, is not likely to come during the present condition of public sentiment, and to wait for the former were hazardous as well as dilatory.

Emigration was resorted to in the State of Virginia before the late war, (about 20,000 slaves being annually sold to the more southern States,) and, from the reasons above set forth, is now still more necessary.

It is a question whether any modification of the proposition now made to freedmen under the homestead act, and the instructions from headquarters of the bureau, will accomplish the end.

It is, however, submitted whether the following plan would not obviate some of the difficulties heretofore mentioned:

1. That an officer be appointed by the commissioner to take charge of emigration, to have the necessary supervision and control of the emigrants under the commissioner, and to assist and instruct the freedmen in the location of lands.

2. That, in addition to transportation and subsistence during travel, the necessary farm stock, farming utensils, seed, medical supplies, rations, &c., should be provided by the government or by organized charity.

3. That an officer be appointed to superintend, say each ten thousand (10,000) of the emigrants, who shall be accountable to the government for all property furnished them, and hold control over the same.

4 That the government hold a lien on all crops raised by the freedmen, allowing them such share as may be necessary for their support until payment, at cost price, is made for all stock, farming utensils, rations, &c., furnished as above proposed.

In order to carry out the above or any other plan, the extension of the time for free location of lands would, of course, be necessary, as the offer has hitherto not been accompanied with such additional aid as would alone allow it to be taken advantage of by the freedmen. The legislation on the subject is wholly inadequate to meet the exigency.

In regard to the domestic relations of the freedmen, it is suggested that appli cation be made to the general assembly to take such action upon the official register of legislative marriages and legitimatized children, provided by officers of the bureau, as will allow of their being filed as perpetual records in the clerks' offices of the several county courts, so that the relations thus certified shall re

main of public record and admitted force after the bureau shall have ceased its operations.

On the subject of lands held by the bureau, it is desirable that the small amount now held from necessity, as before explained, be still retained.

The officers of the bureau were not instructed to attend to "the collection of bounty and pensions free of charge" until large numbers of the colored soldiers had been mustered out. In consequence of this, claim agents obtained possession of many of the discharge papers and claims; in many instances, it is feared, to the loss of the soldier or his family, and certainly at an unnecessary expenditure for fees. These agents have also offered inducements of advances which could not be made by the agents of the bureau.

In closing this report, I am happy to state that the condition of the freedmen has materially improved during the present year. This is exhibited by the greatly diminished number of those requiring aid from the government or charity; by the more satisfactory state of their domestic relations; by their progress in education, and by the increased spirit of self-reliance that has been gradually overcoming their former habits of dependence.

I am, general, very respectfully, your obedient servant,
O. BROWN,

Brevet Brig. Gen. Vol., Act. Ass't Commissioner.

Major General O. O. HOWARD, Commissioner.

LAWS IN RELATION TO FREEDMEN.

COMPILED BY COMMAND OF

MAJOR GENERAL O. O. HOWARD, COMMISSIONER BUREAU OF REFUGEES, FREEDMEN AND ABANDONED LANDS.

ALABAMA.

AN ACT to protect freedmen in their rights of person and property in this State. SECTION 1. Be it enacted by the senate and house of representatives of the State of Alabama in general assembly convened, That all freedmen, free negroes, and mulattoes shall have the right to sue and be sued, plead and be impleaded, in all the different and various courts of this State, to the same extent that white persons now have by law. And they shall be competent to testify only in open court, and only in cases in which freedmen, free negroes, and mulattoes are parties, either plaintiff or defendant; and in civil and criminal cases, for injuries in the persons and property of freedmen, free negroes, and mulattoes, and in all cases civil or criminal in which a freedman, free negro, or mulatto is a witness against a white person, or a white person against a freedman, free negro, or mulatto, the parties shall be competent witnesses, and neither interest in the question or suit, nor marriage, shall disqualify any witness from testifying in open

court.

Approved December 9, 1865.

AN ACT concerning vagrants and vagrancy.

SECTION 1. Be it enacted by the senate and house of representatives of the State of Alabama in general assembly convened, That the commissioner's court of any county in this State may purchase, rent, or provide such lands, buildings, and other property as may be necessary for a poor-house, or house of correction, for any such county, and may appoint suitable officers for the management thereof, and make all necessary by-laws, rules, and regulations for the government of the inmates thereof, and cause the same to be enforced; but in no case shall the punishment inflicted exceed hard labor, either in or out said house; the use of chain-gangs, putting in stocks, if necessary to prevent escapes; such reasonable correction as a parent may inflict on a stubborn, refractory child; and solitary confinement for not longer than one week on bread and water; and may cause to be hired out such as are vagrants, to work in chain-gangs, or otherwise, for the length of time for which they are sentenced, and the proceeds of such hiring must be paid into the county treasury for the benefit of the helpless in said poor-house, or house of correction.

SEC. 2. Be it further enacted, That the following persons are vagrants, in addition to those already declared to be vagrants by law, or that may hereafter be so declared by law: A stubborn or refractory servant; a laborer or servant who loiters away his time, or refuses to comply with any contract for any term of service without just cause; and any such person may be sent to the house of correction in the county in which such offence is committed; and for want of

such house of correction the common jail of the county may be used for that purpose.

SEC. 3. Be it further enacted, That when a vagrant is found any justice of the peace must, upon complaint made upon oath or upon his own knowledge, issue is warrant to the sheriff, or to any constable of the county, to bring such person before him; and if, upon examination and hearing of testimony, it appears to the justice that such person is a vagrant, he shall assess a fine of fifty dollars and costs against such vagrant, and in default of payment he must commit such vagrant to the house of correction, or, if no such house, to the common jail of the county, for a term not exceeding six months, or until such costs, fine, and charges are paid, or such party is otherwise discharged by law : Provided, That when committed to jail under this section, the commissioner's court may cause him to be hired out in like manner as in section one of this

act.

SEC. 4. Be it further enacted, That when any person shall be convicted of vagrancy as provided for in this act, the justice of the peace before whom such conviction is had may, at his discretion, either commit such person to jail, to the house of correction, or hire such person to any person who will hire the same for a period not longer than six months for cash, giving three days' notice of the time and place of hiring; and the proceeds of such hiring, after paying all costs and charges, shall be paid into the county treasury for the benefit of the helpless in the poor house.

SEC. 5. Be it further enacted, That all fines received by any justice of the peace under the provisions of this act shall be paid into the county treasury for the purposes as set forth in section one of this act.

SEC. 6. Be it further enacted, That it shall be the duty of the justice of the peace to settle with the county treasurer at least once a month for all fines received by him under this act, and for a wilful default so to do he shall be guilty of a misdemeanor, and, upon conviction in any court having jurisdiction, shall be fined in double the amount so received or collected by him, and all costs

of suit.

SEC. 7. Be it further enacted, That the court of county commissioners of each county shall have full and complete control of the public works and public highways therein, and shall make all contracts in relation thereto; and shall have power to appoint a superintendent of said public works and highways, under such rules and regulations as said court shall determine; and any justice of the peace trying any cause under this act, on conviction, shall have power to sentence such vagrant to work on said public works, and highways, under the supervision of such superintendent, for not more than forty days. Approved December 15, 1865.

AN ACT to prevent persons from interfering to induce laborers or servants to abandon their contracts, or to employ such without the consent of their original employer, before the expiration of the contract, &c.

SECTION 1. Be it enacted by the senate and house of representatives of the State of Alabama in general assembly convened, That it shall not be lawful for any person to interfere with, hire, employ, or entice away, or induce to leave the service of another, any laborer or servant, who shall have stipulated or contracted in writing to serve for any given number of days, weeks or months, or for one year, so long as the said contract shall be in force and binding on the parties thereto, without the consent of the parties employing, or to whom said service is due and owing, in writing, or in the presence of some veritable white person; and any person who shall knowingly interfere with, hire, employ, or entice away, or induce to leave the service aforesaid, without justifiable excuse therefor, before the expiration of said term of service, so contracted and stipu

lated, as aforesaid, shall be guilty of a misdemeanor, and on conviction thereof must be fined in such sum not less than fifty nor more than five hundred dollars, as the jury trying the same may assess, and in no case less than double the amount of the injury sustained by the party whom such laborer or servant was induced to leave; one half to go to the party injured, and the other to the county as fines and forfeitures.

SEC. 2. Be it further enacted, That the party injured shall be a competent witness in all prosecutions under this act, notwithstanding his interest in the fine to be assessed.

SEC. 3. Be it further enacted, That when any laborer or servant, having contracted as provided in the first section of this act, shall afterwards be found, before the termination of said contract, in the service or employment of another, that fact shall be prima facie evidence that such person is guilty of a violation of this act, if he fail and refuse to forthwith discharge the said laborer or servant, after being notified and informed of such former contract and employment. Approved February 16, 1866.

AN ACT to define the relative duties of master and apprentice.

SECTION 1. Be it enacted by the senate and house of representatives of the State of Alabama in general assembly convened, That it shall be the duty of the 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, at any time, all minors under the age of eighteen years, within their respective counties, beats or districts, who are orphans, without visible means of support, 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 apprentice said minor to some suitable and competent person, on such terms as the court may direct, having a particular care to the interest of said minor: Provided, If said minor be a child of a freedman, the former owner of said minor shall have the preference, when proof shall be made that he or she shall be a suitable person for that purpose; and provided, that the judge of probate shall make a record of all the proceedings in such case, for which he shall be entitled to a compensation of one dollar, to be paid by the master or servant.

SEC. 2. Be it further enacted, That when proof shall be fully made before such court 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, with security, to the State of Alabama, 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 the master and apprentice.

SEC. 3. Be it further enacted, That in the management and control of said apprentices, said master or mistress shall have power to inflict such moderate corporal chastisement as a father or guardian is allowed to inflict on his or her child or ward at common law: Provided, That in no case shall cruel or inhuman punishment be inflicted.

SEC. 4. Be it further enacted, That if any apprentice shall leave the employ ment of his or her master or mistress without his or her consent, said master or mistress may pursue and capture said apprentice, and bring him or her before any justice of the peace of the county, whose duty it shall be to remand said apprentice to the service of his or her master or mistress; and in the event of