In his report for 1866, Swayne states that “martial law administered concurrently” by provisional and military authorities was in force throughout the state; that the coöperation of the provisional government and the Freedmen’s Bureau had secured to the freedmen the same rights and privileges enjoyed by the other non-voting inhabitants; in some cases, he said, on account of prejudice, the laws were not executed, but this was not to be remedied by any number of troops, since no good result could be obtained by force.[1180] During 1865 and 1866 General Swayne repeatedly spoke of the friendly relations between the Freedmen’s Bureau and the state officials—Governors Parsons and Patton and Commissioner Cruikshank, who was in charge of relief of the poor.

By means of the Bureau courts the negro was completely removed from trial by the civil government or by any of its officers, except when the latter were acting as Bureau agents, which, as time went on, was less and less often the case, and the negro passed entirely under the control of the alien administration, and an army officer and two or three carpet-baggers administered what they called justice in cases where the negroes were concerned. The negroes frequently broke their contracts, telling the provost marshal that they had been lashed, and this caused the employer to be arrested and often to be convicted unjustly. The white planter was much annoyed by the disposition on the part of the blacks to transfer their failings to him in their tales to the “office,” as the negro called the Bureau and its agents. “The phrase flashed like lightning through the region of the late Confederacy that at Freedmen’s Bureau agencies ‘the bottom rail was on top.’ The conditions which this expression implied exasperated the whites in like ratio as the negroes were delighted.”[1181] In the Ku Klux testimony, the whites related their grievances against the Bureau courts conducted by the aliens: the Bureau men always took a negro’s word as being worth more than a white’s; the worst class of blacks were continually haling their employers into court; the simple assertion of a negro that he had not been properly paid for his work was enough to prevent the sale of a crop or to cause the arrest of the master, who was frequently brought ten or fifteen miles to answer a trivial charge involving perhaps fifty cents;[1182] the negroes were taken from work and sent to places of refuge—“Home Colonies”[1183]—where hundreds died of disease caused by neglect, want, and unsanitary conditions; the Bureau courts encouraged complaints by the negroes; the trials of cases were made occasions for lectures on slavery, rebellion, political rights of negroes, social equality, etc., and the negro was by official advice taught to distrust the whites and to look to the Bureau for protection.[1184] The Bureau perhaps did some good work in regulating matters among the negroes themselves, but when the question was between negro and white, the justice administered was rather one-sided.[1185] Genuine cases of violence and mistreatment of negroes were usually not tried by the Bureau courts, but by military commission. The following humorous advertisement shows the result of a legitimate interference of the Bureau:—

“Do You Like
The Freedmen’s Court? If so, come up to Burnsville and I will rent or sell you three nice, healthy plantations with Freedmen. Come soon and get a bargain. I am ahead of any farmer in this section, except on one place, which said court ‘Busteed’ to-day because some of the Freedmen got flogged.—John F. Burns.”[1186]

The Bureau courts, after the aliens came into control, proceeded upon the general principle that the negro was as good as or better than the southern white, and that he had always been mistreated by the latter, who wished to still continue him in slavery or to cheat him out of the proceeds of his labor, and who, on the slightest provocation, would beat, mutilate, or murder the inoffensive black. The greatest problem was to protect the negroes from the hostile whites, the agents thought. The aliens did not understand the relations of slave and master, and assumed that there had always been hostility between them, and that for the protection of the negro this hostility ought to continue. A system of espionage was established that was intensely galling. Men who had held high offices in the state, who had led armies or had represented their country at foreign courts,—men like Hardee, Clanton, Fitzpatrick, etc.,—were called before these tribunals at the instance of some ward of the nation, and before a gaping crowd of their former slaves were lectured by army sutlers and chaplains of negro regiments.[1187]

Care of the Sick

The medical department of the Freedmen’s Bureau gave free attendance to the refugees and freedmen. In 1865 there were in the state 4 hospitals, capable of caring for 646 patients, with a staff of 11 physicians and 26 male and 22 female attendants. In the hospitals in 1866 were 18 physicians and 16 male and 18 female attendants.[1188] In 1866 there were 6 hospitals, which number was increased in 1867 to 8, with a staff of 13 physicians and 50 male and 40 female attendants. In 1868-1869 there were only three hospitals.

In 1865 no refugees were treated, but there were 2533 negro patients, of whom 602, or 24 per cent, died. To August 31, 1866, 271 refugees had been treated, of whom 8 died, and 4153 negroes, of whom 460 died. From September 1, 1866, to June 30, 1867, 220 refugees were treated and 6 died; 2203 negroes, and 186 died; to October 31, 1866, 3801 freedmen, of whom 473 died, and 305 refugees, of whom 12 died. After July, 1868, 289 freedmen were treated.[1189] These statistics show the relative insignificance of the relief work.

Smallpox was the most fatal disease among the negroes in the towns, and several smallpox hospitals were established. In Selma the complaint was raised that the assistant superintendent encouraged the negroes to stay in town, and insisted on caring for all their sick, but when an epidemic of smallpox broke out, he notified the city that he could not care for these cases. The Bureau sent supplies for distribution by the county authorities to the destitute poor and to the smallpox patients. But the relief work for the sick amounted to but little.[1190]

The Issue of Rations

The Department of Records had charge of the issue of supplies to the destitute refugees and blacks. Among the whites of all classes in the northern counties there was much want and suffering. The term “refugee” was interpreted to include all needy whites,[1191] though at first it meant only one who had been forced to leave home on account of his disloyalty to the Confederacy. The best work of the Bureau was done in relieving needy whites in the devastated districts; and for this the upholders of the institution have never claimed credit. The negro had not suffered from want before the end of the war, but now great crowds hastened to the towns and congregated around the Bureau offices and military posts. They thought that it was the duty of the government to support them, and that there was to be no more work.