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The code under which the local courts of this State are at present acting, excludes the testimony of the persons contemplated in this order.
Exclusive jurisdiction, therefore, in the cases above enumerated within this State, is vested in the Assistant Commissioner of this Bureau.
That officer is unwilling to establish throughout Alabama, courts conducted by persons foreign to her 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 proceedure 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, assuming jurisdiction will signify to the Assistant Commissioner his acceptance of the same. He will receive the support of the military authorities whenever needful. Process will be in the same name and form as under the existing Provisional Government
In adition to the usual costs, they will asses, in civil cases, a proper charge for adjudication, and in criminal cases which are not flagrant, fines. From this fund they will be rei-mbursed in proportion to their salaries. They will allow to juries and executive officers the same fees as in other cases. Further instructions will be sent them from this office.
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 it shall occur.
All good citizens are invited to give to this order the prevalence and support that is indispensible to the public peace, and to the security of property and life.

By order of
Brig. Gen. WAGER SWAYNE.
Chas. A Miller. Maj Act. Ass't Adj't Gen.

It is apparent from the forgoing that the testimony 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 Alabama engaged in a movement hostile to the United States, and adjusted her organic government in 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 State Government and to be governed ad interim by his own, his 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 authorize, the establishment of a Provisional civil Government based upon our laws as they existed in 1861, when the State assumed to sever her

relation with the Union--except that the proclamation abolishing slavery and the act of congress on the 3rd of March last, and the "rules and regulations for Assistant Commissioners," appointed under the act and approved by the President, on the 2nd of June 1865, must be maintained and carried into execution. By the 7th, of these rules and regulation, as we have already seen, the testimony of the negroes must be received.
The only question for us is, shall it 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 dissatiefied 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 no right to appeal to correct an error if one is committed. There can be no doubt in the mind of any thoughtful citizen, as to which is the best course. It is apparent from the foregoing, that unless the Magistrates and Judges appointed under the Provisional Government, accept the appointment conferred by Gen. Swayne, martial law will be substituted and military courts established, which will hear and determine all complaints, in which the rights of the negroes are involved between themselves, or with the whites, and negro evidence will be received.
2nd. Any evident denial of justice will result in the same way.
3rd. That unless you admit the testimony of negros in cases between them and whites, the same result will follow
Under this state 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 dictated in a spirit of liberality 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 reflecting mind that it is unnecessary to state them. It is desirable that every officer and citizen should earnestly devote his efforts to the great objects of reconciliation, the preservation of peace and order, and restoration to the privileges and immunities of self-government at an early day.
All judicial officers will report promptly to this office if they decline to accept the appointment tendered them by General Swayne.

Lewis E. Parsons,
Provisional Governor of Alabama.

Office Ass't Commissioner, Bureau Refugees,
Freedmen, and Abandoned Lands,
Montgomery, Alabama.}

Official:

Ass't Adj't Gen.

Transcription Notes:
There are a few spelling mistakes from the text that I included in the transcript. If you fix any mistakes, make sure they were unintentional. However, I did attempt to fix printing errors like partial letters.