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The [[?]] Freedmen.

The following letter from Lewis E. Parsons, Provisional Governor of Alabama, will be found of interest:

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 for the relief of Freedmen and Refugees," to which is committed the supervision of all abandoned lands and the control 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 in insurrection, who shall, under the direction of the Commissioner, aid in the execution of the provisions of the act.

On the 30th of May, 1865, this Bureau adopted "Rules and Regulations for Assistant Commissioners," which were approved by the President on the 2d of June, 1865, one of which is as follows:—

"VII. In all places where there is an interruption of civil law, or in which local courts, by reason of old codes, in violation of the freedom guarantied 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 Commissioners 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 the other tribunals, civil or military, of the United States."

On the 4th instant, General Swayne, Assistant Commissioner for this State, published the following general order:—

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 courts, by reason of old codes, in violation of the freedom guarantied 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 Commissioners 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 the other tribunals, civil or military, of the United States."

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 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 examining jurisdiction, will signify to the Assistant Commissioner his acceptance of the name. 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 addition to the annual costs, they will assess, in civil cases, a proper charge for adjudication, and in criminal cases which are not regrant fines. Thom this fund they will be reimbursed 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 indispensable to the public peace, and to the security of property and life. By order of
Brigadier-General WAGER SWAYNE.
Chas. A. Miller, Major, Act. Ass't Adj't-Gen.

It is apparent from the foregoing 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 Government and to be governed ad interim by his own order, his power to land 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 relations with the Union, except that the proclamation abolishing slavery and the act of Congress of the 3d 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, 1866, 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 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 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 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 unions the magistrates and judges appointed under the Provisional Government, accept the appointment conferred by General 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.

Second. Any evident denial of justice will result in the same way.

Third. That unless you admit the testimony of negroes 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.

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