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52 Alabama, and M H Cruikshank State Commissioner for the destitute of Alabama, exhibiting the necessity for the relief so furnished, and the views of the Asst. Commissioner as to "how long and to what extent it will continue" These copies present what is required in the most concise and comprehension form. The fourth interrogatory is found to require a special communication, which also is transmitted to you herewith. I am General Very Respectfully Your Obedient Servant Wager Swayne Major General. Head Quarters Dist of Alabama. Montgomery June 13th 1866 Fullerton Brig Genl J.S. Montgomery Ala. General In reply to so much of your note of this date as makes inquiry to what extent the operations of the Bureau have been aided or approved by the White people in said Department, I have the honor to make the following statement. When I reached here on the first of August last the Provisional Governor had but recently declared the slave code abrogated, and no steps had been taken by any one to secure to the freedmen any of these rights essential to security and well being, and enjoyed by other inhabitants of the State. To secure these was my first object, and two methods presented themselves of attempting, 1. To seek to give the judicial machinery of the State such shape and operation as should attain my purpose as nearly as it could be reached by any means. 2. Failing to secure or choosing to ignore cooperation in this particular, I might set up Military or Freedmen's Courts and proceed by Martial Law The first method was liable to this objection that it might be formally accepted but practically 53 repudiated. On the other hand, it would be comprehensive permanent, cheap, and an educator of public sentiment. The second was almost impracticable. One Court in each County would cost for the State half a Million a year. It would take vastly more officers than I could procure both courts and decrees would be temporary, and would leave behind a consolidated hatred of their protegees. Accordingly, as soon as I could maturely consider the matter, in a general order (No 7 1865) I made the following proposition to the people of Alabama. Until further orders, the judicial officers and Magistrates holding office by appointment of the Provisional Governor of Alabama. are hereby designated as agents of this Bureau for the administration of justice in the cases above mentioned. They will take for their method of precedence the laws now in force in this State, except so far as those laws makes a distinction on account of Color. Failure to signify acceptance, or evident denial of justice will be followed by revocation of the appointment herein conferred, and the substitution of Martial Law in the District where is shall occur. The alternative thus presented was extensively debated, and a few of the persons addressed signified their acceptance. The majority referred the matter to the Provisional Governor for decision That officer a few days later replyed by a proclamation in which the order was republished and they were advised to conform to its requirement. It was intimated that removal from office would follow non-compliance, and this was effected in the case of the then Mayor of Mobile. In a few weeks it was the established rule in all the courts of this State to administer in every court which a freedman was a party "the laws now in force in this State except so far as those laws make a distinction on account of Color." This was applied as
