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The Sequel of Appomattox [29]

By Root 1038 0
far as the "Black Laws" discriminated against the Negro they were never enforced but were suspended from the beginning by the army and the Freedmen's Bureau. They had, however, a very important effect upon that section of Northern opinion which was already suspicious of the good faith of the Southerners. They were part of a plan, some believed, to reenslave the Negro or at least to create by law a class of serfs. This belief did much to bring about later radical legislation.

If the "Black Laws" represented the reaction of the Southern legislatures to racial conditions, the Freedmen's Bureau was the corresponding result of the interest taken by the North in the welfare of the Negro. It was established just as the war was closing and arose out of the various attempts to meet the Negro problems that arose during the war. The Bureau had always a dual nature, due in part to its inheritance of regulations, precedents, and traditions from the various attempts made during war time to handle the many thousands of Negroes who came under Federal control, and in part to the humanitarian impulses of 1865, born of a belief in the capacity of the Negro for freedom and a suspicion that the Southern whites intended to keep as much of slavery as they could. The officials of the Bureau likewise were of two classes: those in control were for the most part army officers, standing as arbiters between white and black, usually just and seldom the victims of their sympathies but the mass of less responsible officials were men of inferior ability and character, either blind partisans of the Negro or corrupt and subject to purchase by the whites.

In view of the fact that the Freedmen's Bureau was considered a new institution in 1865, it is rather remarkable how closely it followed in organization, purpose, and methods the precedents set during the war by the officers of the army and the Treasury. In Virginia, General Butler, in 1861, declared escaped slaves to be "contraband" and proceeded to organize them into communities for discipline, work, food, and care. His successors in Virginia and North Carolina, and others in the Sea Islands of Georgia and South Carolina, extended his plan and arranged a labor system with fixed wages, hours, and methods of work, and everywhere made use of the captured or abandoned property of the Confederates. In Tennessee and Arkansas, Chaplain John Eaton of Grant's army employed thousands in a modified free labor system; and further down in Mississippi and Louisiana Generals Grant, Butler, and Banks also put large numbers of captured slaves to work for themselves and for the Government. Everywhere, as the numbers of Negroes increased, the army commanders divided the occupied Negro regions into districts under superintendents and other officials, framed labor laws, cooperated with benevolent societies which gave schooling and medical care to the blacks, and developed systems of government for them.

The United States Treasury Department, attempting to execute the confiscation laws for the benefit of the Treasury, appears now and then as an employer of Negro labor on abandoned plantations. Either alone or in cooperation with the army and charitable associations, it even supervised Negro colonies, and sometimes it assumed practically complete control of the economic welfare of the Negro. This Department introduced in 1864 an elaborate lessee and trade system. The Negro was regarded as "the ward of the nation," but he was told impressively that "labor is a public duty and idleness and vagrancy a crime." All wanted him to work: the Treasury wanted cotton and other crops to sell; the lessees and speculators wanted to make fortunes by his labor; and the army wanted to be free from the burden of the idle blacks. In spite of all these ministrations, the Negroes suffered much from harsh treatment, neglect, and unsanitary conditions.

During 1863 and 1864, several influences were urging the establishment of a national bureau or department to take charge of matters relating to the African race. Some wished to establish
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