3. The remedies for violation of contracts were forfeiture of wages and damages secured by lien.
4. In case an employer should make an oath before a justice of the peace, acting as an agent of the Bureau, that one of his laborers had been absent more than three days in a month, the justice of the peace could proceed against the negro as a vagrant and hand him over to the civil authorities.
5. Vagrants when convicted might be put to work on the roads or streets or at other labor by the county, or municipal authorities, who must provide for their support; or they might be given into the charge of an agent of the Freedmen’s Bureau. This was usually done and the agent released them. Besides this, he often interfered, and took charge of the negro vagrants convicted in the community.
6. All contracts must expire on or before January 1, 1866.[1169]
The lien upon the crop was to be enforced by attachment, which must be issued by any magistrate when any part of the crop was about to be moved without the consent of the laborer. The plaintiff (negro) was not obliged to give bond.[1170] These regulations had no effect in reorganizing labor, and were only a cause of confusion.
A committee of citizens of Talladega, appointed to make suggestions in regard to enforcing the regulations of the Freedmen’s Bureau concerning contracts, reported that: (1) contracts for a month or more between whites and blacks should be reduced to writing and witnessed; (2) civil officers should enforce these contracts according to law and the regulations of the Freedmen’s Bureau; (3) the law of apprenticeship should be applied to freedmen where minors were found without means of support; (4) civil officers should take duties heretofore devolving upon the Freedmen’s Bureau in matters of contract between whites and blacks. This practically asked for the discontinuance of the Freedmen’s Bureau as being superfluous.[1171]
When enforced, the contract regulations caused trouble. The lien on the crop for the negro’s wages prevented the farmer from moving a bale of cotton if the negro objected. No matter whether the negro had been paid or not, if he made complaint, the farmer’s whole crop could be locked up until the case was settled by a magistrate or agent; and the negro was not backward in making claims for wages unpaid or for violation of contract. The average southern farmer had to move a great part of his crop before he could get money to satisfy labor and other debts, and when the negro saw the first bale being moved, he often became uneasy and made trouble.[1172] The contract system resulted in much litigation, of which the negro was very fond; he did not feel that he was really free until he had had a lawsuit with some one. It gave him no trouble and much entertainment, but was a source of annoyance to his employer. The Bureau agents were particular that no negro should work except under a written contract, as a fee of from fifty cents to a dollar and a half was charged for each contract. If a negro was found working under a verbal agreement, he and his employer were summoned before the agent, fined, and forced into a written contract. When the negroes refused to work, the planters could sometimes hire the Bureau officials to use their influence. The whites charged that it was a common practice for the agents to induce a strike, and then make the employers pay for an order to send the blacks back to work.[1173] This was the case only under alien Bureau agents, for where the magistrates were agents, all went smoothly with no contracts. The end of 1865 and the spring of 1866 found the whites, who at first had insisted on written contracts, weary of the system and disposed to make only verbal agreements, and the negro had usually become afraid of a written contract because it might be enforced. The legislature passed laws to regulate contracts, which Governor Patton vetoed on the ground that no special legislation was necessary; the laws of supply and demand should be allowed to operate, he said. Swayne also said that contracts were not necessary, as hunger and cold on the part of one, and demand for labor on the part of the other, would protect both negro and white.[1174]
Some planters, having no faith in free negro labor, refused to give the negro employment requiring any outlay of money. And “freedmen were not uncommon who believed that work was no part of freedom.” There was a disposition, Swayne reported, to preserve as much as possible the old patriarchal system, and the general belief was that the negro would not work; and he did refuse to work regularly until after Christmas.[1175] Some planters thought that the government would advance supplies to them,[1176] and they asked Howard to bind out negroes to them. Howard visited Mobile and irritated the whites by his views on the race question.[1177]
Freedmen’s Bureau Courts
In Alabama, the state courts were made freedmen’s courts,—to test, as Howard said, the disposition of the judges; Swayne says that it was done from reasons of policy, and because at first there were not enough aliens to hold Bureau courts. The reports were favorable except from north Alabama, where the “unionists” were supposed to abound.[1178] In all cases where the blacks were concerned the assistant commissioner was authorized to exercise jurisdiction, and the state laws relating to apprenticeship and vagrancy were extended by his order to include freedmen. The Bureau officials were made the guardians of negro orphans, but each city and county had to take care of its own paupers.[1179] Freedmen’s Bureau courts were created, each composed of three members appointed by the assistant commissioner, one of whom was an official of the Freedmen’s Bureau, and two were citizens of the county. Their jurisdiction extended to cases relating to the compensation of freedmen to the amount of $300, and all other cases between whites and blacks, and criminal cases by or against negroes where the sentence might be a fine of $100 and one month’s imprisonment.