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358 Head Quarters Sub List of Alabama Montgomery Ala Jany 30" 1867 351/359 Howard Maj General O.O. Commissioner &c Washington D.C. General I have the honor to acknowledge the receipt this morning of your note of the 25" inst, asking copies of all laws passed in this State since July 1st, 1866, affecting (specially, as I supposed) freedmen within this District. In reply I have to state that no laws specially affecting freedmen have been passed in this State since that date. An Amendment to the Stay Law, though it gave them no relief that was not common to all classes was yet of such importance in collecting wages that it was immediately republished from this Office. At the same time I think proper to transmit copies of two bills which have been introduced for their benefit and use. 1". A bill to secure to agricultural laborers a lien upon the product of their labor for its dues. 2". A bill for a revised school system which in its XIXth Section makes considerable provision for colored schools The poll tax of two dollars there refered to is collected from all Adult Males. The bill contemplates that while that received from whites shall go into the general revenue; that which is received from freedmen shall be used exclusively for schools for them. You will be advised of the occurrence of the passage of these bills. I am General Very Respectfully Your obdt servant Major General and Asst Commissioner 359 Head Quarters Sub List of Alabama Montgomery Ala Jany 30" 1867 358/360 Howard Major General O.O. Commissioner &c Washington D.C. General From writing you today in reply to the inquiry of the Secretary of War, I am prompted to lay before you a project of an Act supplementary to the "Civil Rights Bill", which has for some time past had my attention. There appears to be great need of the exercise on the part of Congress of its power to impose a penalty on the infliction of involuntary servitude which is not for crime, and in this connection to define its sense of that term by specific limitation which can thus be brought to the attention of the courts. Thus is Alabama to violate a labor contract, a purely civil matter for which the proper remedy is in damages at law, is punishable as a crime. To entice away a laborer, not rightly punishable at all, is a crime in the State Courts. In Florida if I am well informed, to teach a school without authority which may be arbitrarily withheld is made a crime and duly punished. In Mississippi for a freedman to use the right to carry arms the Constitution gives him, is a crime; and so I might go on. These are enough to illustrate my meaning. A short Amendment making the machinery and provisions of the civil rights bill applicable to such instances not only would itself be of great benefit, but as a basis would permit us to amend again with a convenience and celerity that might match the ingenuity of wickedness upon the other side. I am General Very Respectfully Your obdt servant Major General and Asst Commissioner
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