development of free labor, but only the dangers of emancipation are spoken of. It will be observed that this clause is so vaguely worded as to authorize the legislatures to place any restriction they may see fit upon the emancipated negro, in perfect consistency with the amended State constitutions; for it rests with them to define what the dangers of sudden emancipation consist in, and what measures may be required to guard against them. It is true, the clause does not authorize the legislatures to re-establish slavery in the old form; but they may pass whatever laws they see fit, stopping short only one step of what may strictly be defined as “slavery.” Peonage of the Mexican pattern, or serfdom of some European pattern, may under that clause be considered admissible; and looking at the legislative attempts already made, especially the labor code now under consideration in the legislature of South Carolina, it appears not only possible, but eminently probable, that the laws which will be passed to guard against the dangers arising from emancipation will be directed against the spirit of emancipation itself.
A more tangible evidence of good intentions would seem to have been furnished by the admission of negro testimony in the courts of justice, which has been conceded in some of the southern States, at least in point of form. This being a matter of vital interest to the colored man, I inquired into the feelings of people concerning it with particular care. At first I found hardly any southern man that favored it. Even persons of some liberality of mind saw seemingly insurmountable objections. The appearance of a general order issued by General Swayne in Alabama, which made it optional for the civil authorities either to admit negro testimony in the State courts or to have all cases in which colored people were concerned tried by officers of the bureau or military commissions, seemed to be the signal for a change of position on the part of the politicians. A great many of them, seeing a chance for getting rid of the jurisdiction of the Freedmen's Bureau, dropped their opposition somewhat suddenly and endeavored to make the admission of negro testimony in the State courts palatable to the masses by assuring them that at all events it would rest with the judges and juries to determine in each case before them whether the testimony of negro witnesses was worth anything or not. One of the speeches delivered at Vicksburg, already referred to in another connexion, and a card published by a candidate for office, (accompanying document No. 14,) furnish specimens of that line of argument.
In my despatch from Montgomery, Alabama, I suggested to you that instructions be issued making it part of the duty of agents of the Freedmen's Bureau to appear in the State courts as the freedmen's next friend, and to forward reports of the proceedings had in the principal cases to the headquarters of the bureau. In this manner it would have been possible to ascertain to what extent the admission of negro testimony secured to the colored man justice in the State courts. As the plan does not seem to have been adopted, we must form our conclusions from evidence less complete. Among the annexed documents there are several statements concerning its results, made by gentlemen whose business it was to observe. I would invite your attention to the letters of Captain Paillon, agent of the Freedmen's Bureau at Mobile; Major Reynolds, assistant commissioner of the bureau at Natchez; and Colonel Thomas, assistant commissioner for the State of Mississippi. (Accompanying documents Nos. 41 and 27.) The opinions expressed in these papers are uniformly unfavorable. It is to be hoped that at other places better results have been attained. But I may state that even by prominent southern men, who were anxious to have the jurisdiction of the State courts extended over the freedmen, the admission was made to me that the testimony of a negro would have but little weight with a southern jury. I frequently asked the question, “Do you think a jury of your people would be apt to find a planter who has whipped one of his negro laborers guilty of assault
