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Transcribe page 99 of 102
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Download PDF for NMAAHC-007497976_00780 (project ID 36953)
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NARA 697 EXECUTIVE DEPARTMENT MONTGOMERY, ALABAMA, August 18, 1865. To the Magistrates and judges of the State of Alabama. -On the 3d of March 1865, an act of-. Congress was passed "to establish a Bureau to the relief of Freedmen and Refugees, to which is committed the supervision of all lands and the nature of all subjects relating to refugees and freedmen, under such rules and regulations as may be prescribed by the head of the Bureau and approved by the President. The act put this Bureau under the management and control of a Commissioner. To be appointed by the President by and with the advice and consent of the Senate. The President is also empowered, in like manner to appoint an Assistant Commissioner for each of the States declared to be insurrection, who shall, under the direction of the Commissioner, aid in the execution of the provisions of the act. On the 30th of March 1865, this Bureau adopted "Rules and Regulations for Assistant Commissioners," which were approved by the President on the 2nd of June, 1865, one of which is as follows: "VII, In all places where there is all interruption of civil law, or in which local courts; by reason of old codes, in violation of the freedom guaranteed by the proclamation of the President and the laws of Congress, disregard the right to justice before the laws in not allowing him to give testimony, the control of all subjects relating to refugees and freedmen being committed to this Bureau, the Assistant Commissioner will adjudicate, either themselves or through officers of their appointment, all difficulties arising between negroes themselves or between negroes and whites or Indians, except those in military service, so far as recognizable by military authority, and not taken cognizance of by other tribunals, civil or military of the United States." On the 4th instant, General Swayne, Assistant Commissioner for the State published the following general orders - OFFICE OF ASSISTANT COMMISSIONER - BUREAU OF REFUGEES, FREEDMEN AND ABANDONED LANDS. MONTGOMERY, Alabama, Aug. 4, 1865. General Order No. 7. - The President of the United States, on the 2d day of June 1865, approved and signed the following order issued by Major General O.O. Howard, Commissioner of this Bureau - "Circular No. 5. - Section 7. In all places where there is an interruption of civil law, or in which local units, by reason of old codes, in violation of the freedom guaranteed by the proclamation of the President and the laws of Congress, disregard the negro's right to justice before the laws in not allowing him to give testimony, the control of all subjects relating to refugees and freedmen being committed to this Bureau, the Assistant Commissioner will adjudicate, either themselves or through officers of their appointment, all difficulties arising between negroes themselves or between negroes and whites or Indians, except those in military service, so far as recognizable by military authority, and not taken cognizance of by other tribunals, civil or military of the United States." The code under which the local courts of the State are at present acting excludes the testimony of the persons contemplated in this order. Exclusive jurisdiction, therefore, in the case above considered within this State, is vested in the Assistant Commissioner of the Bureau. That officer is unwilling to establish throughout Alabama Courts conducted by persons foreign to the citizenship - and strangers to her laws provided; a full and fair administration of justice can be otherwise secured. Therefore, until further orders, the judicial officers and magistrates holding office by appointment of the Provisional Governor of Alabama, are hereby designated as the agents of this Bureau for the administration of justice in the cases above mentioned. They will take for their method of procedure, the laws now in force in this State, except so far as those laws make a distinction on account of color. The counties adjoining the Tennessee River being temporarily attached to another jurisdiction, are exempt from the operation of this order. Each officer, on assuming jurisdiction, will testify to the Assistant Commissioner [[??]] acceptance of the same. He will receive the support of the military authorities whenever needed. Process will be in the same name and form as under the existing Provisional Government. In addition to the usual cost, they will assess all civil cases a proper charge for adjudication, and in criminal cases which are not vagrant [[illegible]], from this fund they will be reimbursed in proportion to their salaries. They will allow [[illegible]] and executive officers the same fees as [[illegible]] cases. Further instructions will be [[given]] them from this office. [[illegible]] to receive acceptance, or evident deception of justice, will be followed by revocation of [[any?]] appointment herein conferred, and the subjection of martial law in the district where it [[illegible]] occur. Good Citizens are invited to give to this the prevalence and support that is indisputable to the public peace, and to the security [[of property]] and life. By order of Brigadier General WAGER SWAYNE, [[illegible]] A. Miller, Major, Act. Ass't Adj't-Gen|It is apparent from the foregoing that the tes-timony of freedmen or negroes is to be received in the State in "all difficulties arising between the negroes themselves or between negroes and whites." This results from these facts:- The State of of Alabama engaged in a movement hostile to the United States and adjusted her organic Government conformity thereto. That movement has been suppressed by force of arms, the State Government fell with it, and the area of the State is now held by the President as commander of the forces of the United States. In obedience to the Constitution he has appointed a Provisional Governor to re-establish the Government and to be governed ad interim by his own order, has power to issue such orders being well settled by the supreme law of the land, the decision of the Supreme Court rendered in accordance with those of the Courts of England, of individual States and elementary writers on law. But the President has not abolished our entire code of laws. He has been pleased to authorized the establishment of a Provisional civil Government based upon our laws as they existed in 1861, when the State assumed to sever her relations with the Union, except that the proclamation abolishing slavery and the [[?]] of Congress of the [[?]] of March last and the rules and regulations for assistant Commissioners, appointed under the act and approved by the President, on the 2d of June 1865, must be maintained and carried into execution. By the 7th of these rules and regulations, as we have already seen the testimony of the negroes must be received. The only question for us is, shall if be received in Courts whose judges and magistrates and jurors are our own citizens, who are acquainted with the habits and character of the negro, where the proceedings are governed by well settled rules of law and evidence, and where if either party is dissatisfied with the decision, he has the right of appeal, or in Courts composed of "persons foreign to her citizenship and strangers to her laws" where there is no fixed rule to govern the proceedings, and, in right to appeal to correct an error if one is committed. There can be no doubt in the mind of any thoughtful citizen, to which is the best course. It is apparent, from the foregoing that unites the [[?]] and judges appointed under the Provisional Government, accept the appointment conferred by General Swayne, martial law will be [illegible] and military [[courts?]] established, which will [[illegible]] determine all complaints in which the rights of the negroes are involved between themselves or with the whites, and negro evidence will be received. Second. Any evident denial of justice will result in the same way. Third. That unless [[?]] the testimony of negroes to cases between them and whites, the same result will follow. Until this stated of things it is my advice to all judicial officers and magistrates, State and municipal that they accept the appointment conferred by General Swayne and in good faith do justice and observe the instructions contained in the order of General Swayne. It was [[?]] in [[?]] of liberalty and conciliation, and is the best that can be done under the circumstances. The reasons for this course will so readily present themselves to every [[recollecting?]] mind that this unnacessary to state them. It is desirable that every officer and citizen should earnestly devote [[?]] to the great choices of reconcliation, the servation of peace and order, and restoration. [[illegible]] Y [[illegible]] ADECPHIA Horse and [[illegible]]. Recorner NINTH SANSON [[illegible]] Chesnut and Walnut streets. [[illegible]] of horses and [[illegible]] every Wednesday and [[Thursday?]] morning [[illegible]]. [[Marriages?]] and [[?] at private sale. (SPECIAL DESPATCHERS TO THE INQUIRER.) Washington, Sept. 5. Circular from the Freedmen's Bureau. The following important circular was issued to-day:- WAR DEPARTMENT. BUREAU OF REFUGEES. FREEDMEN AND ABANDONED LANDS, WASHINGTON, D.C., Sept. 4, 1855. Circular No. 15.-Circular NNo. 13, of July 28th, 1865, from this bureau, is hereby rescinded, and the following rules and regulations are adopted for the purpose of establishing a definite and uniform policy relative to abandoned lands or real property, and lands or real property to which the United States shall have acquired a title by confiscation, or sale, or otherwise, which now or may hereafter come under the control of this bureau, by virtue of the act of Congress, approved March 3d, 1865, establishing it, and by order of the President, to wit:- GENERAL ORDERS, No. 110 War Department, June 7th, 1865. First, Abandoned lands referred to in the law and regulations governing this bureau, are defined, according to section second of an act of Congress approved July 2d, 1864, as follows:- Property, real or personal, shall be regarded as abandoned when the lawful owner thereof shall be voluntarily absent therefrom and engaged either in arms or otherwise in aiding or encouraging the Rebellion. Second. The property will not be regarded as confiscated until the decree of the United States Court for the district in which the property may be found has been made, by which the property is condemned as enemies' property and becomes the property of the United States. Third. All abandoned land or real property, and all land and real property to which the United States shall have acquired title by confiscation, or sale, or otherwise that is or may hereafter come under the control of the Bureau of Refugee Freedmen, and abandoned lands by virtue of said act and orders of the President, is and shall be set apart for the use of loyal refugees and freedmen, and so much as may be necessary assigned to them as provided in section fourth of the act establishing the bureau, vis: to every male citizen, whether refugee or freedman as aforesaid, there shall be assigned no more than forty acres of such, and the person to whom it is so assigned shall be protected in the use and enjoyment of the land for the term of three years, and at an annual rent not exceeding six per centam [[best guess]] upon the value of said land as it was appraised by the State authorities in the year 1860 for the purpose of taxation, and in case no such appraisement can be found, then the rental shall be based upon the estimated value of the land in said year, to be ascertained in such manner as the Commission may by regulation prescribe at the end of said term, or at any time during said term. The occupant of any parcels so assigned may purchase the land and receive such title thereto as the United States can convey, upon paying therefor the value of the land ascertained and fixed for the purpose of determining the annual rent aforesaid. Fourth. All lands or other real property within the several States, vis., Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Tennessee, Kentucky, Missouri, Maryland, Arkansas, Louisiana and Texas, to which the United States has acquired or shall acquire, by confiscation or sale, or otherwise, and all abandoned lands or other abandoned real property in these States, provided said property, whether confiscated or abandoned, remaining unsold or otherwise disposed of, shall have been property transferred to the Bureau upon requisition of the Commissioners or Assistant Commissioners, shall be considered as under the control of the Commissioner of Refugees. Freedmen and Abandoned Lands, for the purpose hereinbefore set forth, and for the time authorized by the act establishing the Bureau; and no part or parcel of said confiscation or abandoned property shall be surrendered or restored to the former owners or other claimants, except such surrender or restoration be authorized by said Commissioner. Fifth. Assistant Commissioners will as rapidly as possible cause [[?]] description of all confiscated and abandoned lands and other confiscated land abandoned and property that is [[?]] [[?]] thereafter come under their contract to be made, and beside [[?]] a record of such themselves, will forward monthly to the Commissioners of the Bureau copies of such descriptions in the manner described by circular No. 10, of July 11, 1865, from this Bureau. They will, with as little delay as possible select and set apart such confiscated and abandoned lands and property as may be deemed necessary for the immediate use of refugees and freedmen, the specific division of which into lots, and the rental or sale thereof, according to the law establishing the Bureau, will be completed as soon as practicable, and reported to the Commissioner. In the selection and setting apart of such lands and property, care will be used to take that about which there is the least doubt that this Bureau should have custody and control of. Sixth. Whenever any land or other real property that shall come into the possession of this Bureau as "abandoned" does not fall under the definition of "abandoned" as set forth in section two of the act of Congress, approved July 2d, 1864, hereinbefore mentioned, it will be formally surrendered by the Assistant Commissioner of the Bureau for the State in which such real estate is situated, upon its appearing that the claimant did not abandon the property in the sense defined in said section and act. Seventh. Former owners of property held by this Bureau as abandoned, who claim its restoration on the ground of having received the pardon of the President, will as far as practicable, forward their applications to the Commissioner of the Bureau through the Superintendents and Assistant Commissioners of then districts and States in which this property is situated. Each application must be accompanied by 1st, A copy of the special pardon of the President of the United States, or of the oath under his amnesty proclamation when they are not embraced in any of the exceptions therein enumerated. 2d. Proof of title. 3d. Evidence that the property has not been confiscated or libeled in any United States Court, or if libeled, that proceedings against it have been discontinued. Officers of the Bureau through whose hands such applications may pass, will indorse thereon such facts as may assist the Commissioner in his decision, stating especially the use to which the property is put by the Bureau. (Signed) O.O. HOWARD. Major-Gen., Commissioner of Refugees, Freedmen and Abandoned Lands. Approved. September 4, 1865. ANDREW JOHNSON, President of the United States.
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This is not a table but a press article There are still multiple parts which are illegible or difficult to decipher Looks finished FIRST COLUMN DONE. SECOND IS IN PROCESS. THIRD AND FOURTH PENDING. Second column incomplete. Moved on to Third. First and third column done. Second in progress. Fourth pending. Fourth Completed.
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