W. E. B DuBois
The Freedmen's Bureau
March 1901
THE problem of the
twentieth century is the problem of the color line; the relation of the
darker to the lighter races of men in Asia and Africa, in America and the
islands of the sea. It was a phase of this problem that caused the Civil
War; and however much they who marched south and north in 1861 may have
fixed on the technical points of union and local autonomy as a shibboleth,
all nevertheless knew, as we know, that the question of Negro slavery was
the deeper cause of the conflict. Curious it was, too, how this deeper
question ever forced itself to the surface, despite effort and disclaimer.
No sooner had Northern armies touched Southern soil than this old
question, newly guised, sprang from the earth, -- What shall be done with
slaves? Peremptory military commands, this way and that, could not answer
the query; the Emancipation Proclamation seemed but to broaden and
intensify the difficulties; and so at last there arose in the South a
government of men called the Freedmen's Bureau, which lasted, legally,
from 1865 to 1872, but in a sense from 1861 to 1876, and which sought to
settle the Negro problems in the United States of America.
It is
the aim of this essay to study the Freedmen's Bureau, -- the occasion of
its rise, the character of its work, and its final success and failure, --
not only as a part of American history, but above all as one of the most
singular and interesting of the attempts made by a great nation to grapple
with vast problems of race and social condition.
No sooner had the armies, east and
west, penetrated Virginia and Tennessee than fugitive slaves appeared
within their lines. They came at night, when the flickering camp fires of
the blue hosts shone like vast unsteady stars along the black horizon: old
men, and thin, with gray and tufted hair; women with frightened eyes,
dragging whimpering, hungry children; men and girls, stalwart and gaunt,
-- a horde of starving vagabonds, homeless, helpless, and pitiable in
their dark distress. Two methods of treating these newcomers seemed
equally logical to opposite sorts of minds. Said some, "We have nothing to
do with slaves." " Hereafter," commanded Halleck, "no slaves should be
allowed to come into your lines at all; if any come without your
knowledge, when owners call for them, deliver them." But others said, "We
take grain and fowl; why not slaves?" Whereupon Fremont, as early as
August, 1861, declared the slaves of Missouri rebels free. Such radical
action was quickly countermanded, but at the same time the opposite policy
could not be enforced; some of the black refugees declared themselves
freemen, others showed their masters had deserted them, and still others
were captured with forts and plantations. Evidently, too, slaves were a
source of strength to the Confederacy, and were being used as laborers and
producers. "They constitute a military resource," wrote the Secretary of
War, late in 1861; "and being such, that they should not be turned over to
the enemy is too plain to discuss." So the tone of the army chiefs
changed, Congress forbade the rendition of fugitives, and Butler's
"contrabands" were welcomed as military laborers. This complicated rather
than solved the problem, for now the scattering fugitives became a steady
stream, which flowed faster as the armies marched.
Then the
long-headed man, with care-chiseled face, who sat in the White House, saw
the inevitable, and emancipated the slaves of rebels on New Year's, 1863.
A month later Congress called earnestly for the Negro soldiers whom the
act of July, 1862, had half grudgingly allowed to enlist. Thus the
barriers were leveled, and the deed was done. The stream of fugitives
swelled to a flood, and anxious officers kept inquiring: "What must be
done with slaves arriving almost daily? Am I to find food and shelter for
women and children?"
It was a Pierce of Boston who pointed out the
way, and thus became in a sense the founder of the Freedmen's Bureau.
Being specially detailed from the ranks to care for the freedmen at
Fortress Monroe, he afterward founded the celebrated Port Royal experiment
and started the Freedmen's Aid Societies. Thus, under the timid Treasury
officials and bold army officers, Pierce's plan widened and developed. At
first, the able-bodied men were enlisted as soldiers or hired as laborers,
the women and children were herded into central camps under guard, and
"superintendents of contrabands " multiplied here and there. Centres of
massed freedmen arose at Fortress Monroe, Va., Washington, D. C., Beaufort
and Port Royal, S. C., New Orleans, La., Vicksburg and Corinth, Miss.,
Colombus, Ky., Cairo, Ill., and elsewhere, and the army chaplains found
here new and fruitful fields.
Then came the Freedmen's Aid
Societies, born of the touching appeals for relief and help from these
centres of distress. There was the American Missionary Association, sprung
from the Amistad, and now full grown for work, the various church
organizations, the National Freedmen's Relief Association, the American
Freedmen's Union, the Western Freedmen's Aid Commission, -- in all fifty
or more active organizations, which sent clothes, money, schoolbooks, and
teachers southward. All they did was needed, for the destitution of
freedmen was often reported as "too appalling for belief," and the
situation was growing daily worse rather than better. And daily, too, it
seemed more plain that this was no ordinary matter of temporary relief,
but a national crisis; for there loomed a labor problem of vast
dimensions. Masses of Negroes stood idle, or, if they worked
spasmodically, were never sure of pay; and if perchance they received pay,
squandered the new thing thoughtlessly. In these and in other ways were
camp life and the new liberty demoralizing the freedmen. The broader
economic organization thus clearly demanded sprang up here and there as
accident and local conditions determined. Here again Pierce's Port Royal
plan of leased plantations and guided workmen pointed out the rough way.
In Washington, the military governor, at the urgent appeal of the
superintendent, opened confiscated estates to the cultivation of the
fugitives, and there in the shadow of the dome gathered black farm
villages. General Dix gave over estates to the freedmen of Fortress
Monroe, and so on through the South. The government and the benevolent
societies furnished the means of cultivation, and the Negro turned again
slowly to work. The systems of control, thus started, rapidly grew, here
and there, into strange little governments, like that of General Banks in
Louisiana, with its 90,000 black subjects, its 50,000 guided laborers, and
its annual budget of $100,000 and more. It made out 4000 pay rolls,
registered all freedmen, inquired into grievances and redressed them, laid
and collected taxes, and established a system of public schools. So too
Colonel Eaton, the superintendent of Tennessee and Arkansas, ruled over
100,000, leased and cultivated 7000 acres of cotton land, and furnished
food for 10,000 paupers. In South Carolina was General Saxton, with his
deep interest in black folk. He succeeded Pierce and the Treasury
officials, and sold forfeited estates, leased abandoned plantations,
encouraged schools, and received from Sherman, after the terribly
picturesque march to the sea, thousands of the wretched camp
followers.
Three characteristic things one might have seen in
Sherman's raid through Georgia, which threw the new situation in deep and
shadowy relief: the Conqueror, the Conquered, and the Negro. Some see all
significance in the grim front of the destroyer, and some in the bitter
sufferers of the lost cause. But to me neither soldier nor fugitive speaks
with so deep a meaning as that dark and human cloud that clung like
remorse on the rear of those swift columns, swelling at times to half
their size, almost engulfing and choking them. In vain were they ordered
back, in vain were bridges hewn from beneath their feet; on they trudged
and writhed and surged, until they rolled into Savannah, a starved and
naked horde of tens of thousands. There too came the characteristic
military remedy: "The islands from Charleston south, the abandoned rice
fields along the rivers for thirty miles back from the sea, and the
country bordering the St. John's River, Florida, are reserved and set
apart for the settlement of Negroes now made free by act of war." So read
the celebrated field order.
All these experiments, orders, and
systems were bound to attract and perplex the government and the nation.
Directly after the Emancipation Proclamation, Representative Eliot had
introduced a bill creating a Bureau of Emancipation, but it was never
reported. The following June, a committee of inquiry, appointed by the
Secretary of War, reported in favor of a temporary bureau for the
"improvement, protection, and employment of refugee freedmen," on much the
same lines as were afterward followed. Petitions came in to President
Lincoln from distinguished citizens and organizations, strongly urging a
comprehensive and unified plan of dealing with the freedmen, under a
bureau which should be "charged with the study of plans and execution of
measures for easily guiding, and in every way judiciously and humanely
aiding, the passage of our emancipated and yet to be emancipated blacks
from the old condition of forced labor to their new state of voluntary
industry."
Some half-hearted steps were early taken by the
government to put both freedmen and abandoned estates under the
supervision of the Treasury officials. Laws of 1863 and 1864 directed them
to take charge of and lease abandoned lands for periods not exceeding
twelve months, and to "provide in such leases or otherwise for the
employment and general welfare" of the freedmen. Most of the army officers
looked upon this as a welcome relief from perplexing "Negro affairs"; but
the Treasury hesitated and blundered, and although it leased large
quantities of land and employed many Negroes, especially along the
Mississippi, yet it left the virtual control of the laborers and their
relations to their neighbors in the hands of the army.
In March,
1864, Congress at last turned its attention to the subject, and the House
passed a bill, by a majority of two, establishing a Bureau for Freedmen in
the War Department. Senator Sumner, who had charge of the bill in the
Senate, argued that freedmen and abandoned lands ought to be under the
same department, and reported a substitute for the House bill, attaching
the Bureau to the Treasury Department. This bill passed, but too late for
action in the House. The debates wandered over the whole policy of the
administration and the general question of slavery, without touching very
closely the specific merits of the measure in hand.
Meantime the
election took place, and the administration, returning from the country
with a vote of renewed confidence, addressed itself to the matter more
seriously. A conference between the houses agreed upon a carefully drawn
measure which contained the chief provisions of Charles Sumner's bill, but
made the proposed organization a department independent of both the War
and Treasury officials. The bill was conservative, giving the new
department "general superintendence of all freedmen." It was to "establish
regulations" for them, protect them, lease them lands, adjust their wages,
and appear in civil and military courts as their "next friend." There were
many limitations attached to the powers thus granted, and the organization
was made permanent. Nevertheless, the Senate defeated the bill, and a new
conference committee was appointed. This committee reported a new bill,
February 28, which was whirled through just as the session closed, and
which became the act of 1865 establishing in the War Department a "Bureau
of Refugees, Freedmen, and Abandoned Lands." This last compromise was a
hasty bit of legislation, vague and uncertain in outline. A Bureau was
created, "to continue during the present War of Rebellion, and for one
year thereafter," to which was given "the supervision and management of
all abandoned lands, and the control of all subjects relating to refugees
and freedmen," under "such rules and regulations as may be presented by
the head of the Bureau and approved by the President." A commissioner,
appointed by the President and Senate, was to control the Bureau, with an
office force not exceeding ten clerks. The President might also appoint
assistant commissioners in the seceded states, and to all these offices
military officials might be detailed at regular pay. The Secretary of War
could issue rations, clothing, and fuel to the destitute, and all
abandoned property was placed in the hands of the Bureau for eventual
lease and sale to ex-slaves in forty-acre parcels.
Thus did the
United States government definitely assume charge of the emancipated Negro
as the ward of the nation. It was a tremendous undertaking. Here, at a
stroke of the pen, was erected a government of millions of men, -- and not
ordinary men, either, but black men emasculated by a peculiarly complete
system of slavery, centuries old; and now, suddenly, violently, they come
into a new birthright, at a time of war and passion, in the midst of the
stricken, embittered population of their former masters. Any man might
well have hesitated to assume charge of such a work, with vast
responsibilities, indefinite powers, and limited resources. Probably no
one but a soldier would have answered such a call promptly; and indeed no
one but a soldier could be called, for Congress had appropriated no money
for salaries and expenses.
Less than a month after the weary
emancipator passed to his rest, his successor assigned Major General
Oliver O. Howard to duty as commissioner of the new Bureau. He was a Maine
man, then only thirty-five years of age. He had marched with Sherman to
the sea, had fought well at Gettysburg, and had but a year before been
assigned to the command of the Department of Tennessee. An honest and
sincere man, with rather too much faith in human nature, little aptitude
for systematic business and intricate detail, he was nevertheless
conservative, hard-working, and, above all, acquainted at first-hand with
much of the work before him. And of that work it has been truly said, "No
approximately correct history of civilization can ever be written which
does not throw out in bold relief, as one of the great landmarks of
political and social progress, the organization and administration of the
Freedmen's Bureau."
On May 12, 1865, Howard was appointed, and he
assumed the duties of his office promptly on the 15th, and began examining
the field of work. A curious mess he looked upon: little despotisms,
communistic experiments, slavery, peonage, business speculations,
organized charity, unorganized almsgiving, -- all reeling on under the
guise of helping the freedman, and all enshrined in the smoke and blood of
war and the cursing and silence of angry men. On May 19 the new government
-- for a government it really was -- issued its constitution;
commissioners were to be appointed in each of the seceded states, who were
to take charge of "all subjects relating to refugees and freedman," and
all relief and rations were to be given by their consent alone. The Bureau
invited continued cooperation with benevolent societies, and declared, "It
will be the object of all commissioners to introduce practicable systems
of compensated labor," and to establish schools. Forthwith nine assistant
commissioners were appointed. They were to hasten to their fields of work;
seek gradually to close relief establishments, and make the destitute
self- supporting; act as courts of law where there were no courts, or
where Negroes were not recognized in them as free; establish the
institution of marriage among ex- slaves, and keep records; see that
freedmen were free to choose their employers, and help in making fair
contracts for them; and finally, the circular said, "Simple good faith,
for which we hope on all hands for those concerned in the passing away of
slavery, will especially relieve the assistant commissioners in the
discharge of their duties toward the freedmen, as well as promote the
general welfare."
No sooner was the work thus started, and the
general system and local organization in some measure begun, than two
grave difficulties appeared which changed largely the theory and outcome
of Bureau work. First, there were the abandoned lands of the South. It had
long been the more or less definitely expressed theory of the North that
all the chief problems of emancipation might be settled by establishing
the slaves on the forfeited lands of their masters, -- a sort of poetic
justice, said some. But this poetry done into solemn prose meant either
wholesale confiscation of private property in the South, or vast
appropriations. Now Congress had not appropriated a cent, and no sooner
did the proclamations of general amnesty appear than the 800,000 acres of
abandoned lands in the hands of the Freedmen's Bureau melted quickly away.
The second difficulty lay in perfecting the local organization of the
Bureau throughout the wide field of work. Making a new machine and sending
out officials of duly ascertained fitness for a great work of social
reform is no child's task; but this task was even harder, for a new
central organization had to be fitted on a heterogeneous and confused but
already existing system of relief and control of ex- slaves; and the
agents available for this work must be sought for in an army still busy
with war operations, -- men in the very nature of the case ill fitted for
delicate social work, -- or among the questionable camp followers of an
invading host. Thus, after a year's work, vigorously as it was pushed, the
problem looked even more difficult to grasp and solve than at the
beginning. Nevertheless, three things that year's work did, well worth the
doing: it relieved a vast amount of physical suffering; it transported
7000 fugitives from congested centres back to the farm; and, best of all,
it inaugurated the crusade of the New England schoolma'am.
The
annals of this Ninth Crusade are yet to be written, the tale of a mission
that seemed to our age far more quixotic than the quest of St. Louis
seemed to his. Behind the mists of ruin and rapine waved the calico
dresses of women who dared, and after the hoarse mouthings of the field
gangs rang the rhythm of the alphabet. Rich and poor they were, serious
and curious. Bereaved now of a father, now of a brother, now of more than
these, they came seeking a life work in planting New England schoolhouses
among the white and black of the South. They did their work well. In that
first year they taught 100,000 souls, and more.
Evidently, Congress must soon legislate again on
the hastily organized Bureau, which had so quickly grown into wide
significance and vast possibilities. An institution such as that was
well-nigh as difficult to end as to begin. Early in 1866 Congress took up
the matter, when Senator Trumbull, of Illinois, introduced a bill to
extend the Bureau and enlarge its powers. This measure received, at the
hands of Congress, far more thorough discussion and attention than its
predecessor. The war cloud had thinned enough to allow a clearer
conception of the work of emancipation. The champions of the bill argued
that the strengthening of the Freedmen's Bureau was still a military
necessity; that it was needed for the proper carrying out of the
Thirteenth Amendment, and was a work of sheer justice to the ex-slave, at
a trifling cost to the government. The opponents of the measure declared
that the war was over, and the necessity for war measures past; that the
Bureau, by reason of its extraordinary powers, was clearly
unconstitutional in time of peace, and was destined to irritate the South
and pauperize the freedmen, at a final cost of possibly hundreds of
millions. Two of these arguments were unanswered, and indeed unanswerable:
the one that the extraordinary powers of the Bureau threatened the civil
rights of all citizens; and the other that the government must have power
to do what manifestly must be done, and that present abandonment of the
freedmen meant their practical reenslavement. The bill which finally
passed enlarged and made permanent the Freedmen's Bureau. It was promptly
vetoed by President Johnson, as "unconstitutional," "unnecessary," and
"extrajudicial," and failed of passage over the veto. Meantime, however,
the breach between Congress and the President began to broaden, and a
modified form of the lost bill was finally passed over the President's
second veto, July 16.
The act of 1866 gave the Freedmen's Bureau
its final form, -- the form by which it will be known to posterity and
judged of men. It extended the existence of the Bureau to July, 1868; it
authorized additional assistant commissioners, the retention of army
officers mustered out of regular service, the sale of certain forfeited
lands to freedmen on nominal terms, the sale of Confederate public
property for Negro schools, and a wider field of judicial interpretation
and cognizance. The government of the unreconstructed South was thus put
very largely in the hands of the Freedmen's Bureau, especially as in many
cases the departmental military commander was now made also assistant
commissioner. It was thus that the Freedmen's Bureau became a full-fledged
government of men. It made laws, executed them and interpreted them; it
laid and collected taxes, defined and punished crime, maintained and used
military force, and dictated such measures as it thought necessary and
proper for the accomplishment of its varied ends. Naturally, all these
powers were not exercised continuously nor to their fullest extent; and
yet, as General Howard has said, "scarcely any subject that has to be
legislated upon in civil society failed, at one time or another, to demand
the action of this singular Bureau."
To understand and criticise
intelligently so vast a work, one must not forget an instant the drift of
things in the later sixties: Lee had surrendered, Lincoln was dead, and
Johnson and Congress were at loggerheads; the Thirteenth Amendment was
adopted, the Fourteenth pending, and the Fifteenth declared in force in
1870. Guerrilla raiding, the ever present flickering afterflame of war,
was spending its force against the Negroes, and all the Southern land was
awakening as from some wild dream to poverty and social revolution. In a
time of perfect calm, amid willing neighbors and streaming wealth, the
social uplifting of 4,000,000 slaves to an assured and self-sustaining
place in the body politic and economic would have been an herculean task;
but when to the inherent difficulties of so delicate and nice a social
operation were added the spite and hate of conflict, the Hell of War; when
suspicion and cruelty were rife, and gaunt Hunger wept beside Bereavement,
-- in such a case, the work of any instrument of social regeneration was
in large part foredoomed to failure. The very name of the Bureau stood for
a thing in the South which for two centuries and better men had refused
even to argue, -- that life amid free Negroes was simply unthinkable, the
maddest of experiments. The agents which the Bureau could command varied
all the way from unselfish philanthropists to narrow-minded busybodies and
thieves; and even though it be true that the average was far better than
the worst, it was the one fly that helped to spoil the ointment. Then,
amid all this crouched the freed slave, bewildered between friend and foe.
He had emerged from slavery: not the worst slavery in the world, not a
slavery that made all life unbearable, -- rather, a slavery that had here
and there much of kindliness, fidelity, and happiness, -- but withal
slavery, which, so far as human aspiration and desert were concerned,
classed the black man and the ox together. And the Negro knew full well
that, whatever their deeper convictions may have been, Southern men had
fought with desperate energy to perpetuate this slavery, under which the
black masses, with half-articulate thought, had writhed and shivered. They
welcomed freedom with a cry. They fled to the friends that had freed them.
They shrank from the master who still strove for their chains. So the
cleft between the white and black South grew. Idle to say it never should
have been; it was as inevitable as its results were pitiable. Curiously
incongruous elements were left arrayed against each other: the North, the
government, the carpetbagger, and the slave, here; and there, all the
South that was white, whether gentleman or vagabond, honest man or rascal,
lawless murderer or martyr to duty.
Thus it is doubly difficult to
write of this period calmly, so intense was the feeling, so mighty the
human passions, that swayed and blinded men. Amid it all two figures ever
stand to typify that day to coming men: the one a gray-haired gentleman,
whose fathers had quit themselves like men, whose sons lay in nameless
graves; who bowed to the evil of slavery because its abolition boded
untold ill to all; who stood at last, in the evening of life, a blighted,
ruined form, with hate in his eyes. And the other, a form hovering dark
and mother-like, her awful face black with the mists of centuries, had
aforetime bent in love over her white master's cradle, rocked his sons and
daughters to sleep, and closed in death the sunken eyes of his wife to the
world; ay, too, had laid herself low to his lust and borne a tawny man
child to the world, only to see her dark boy's limbs scattered to the
winds by midnight marauders riding after Damned Niggers. These were the
saddest sights of that woeful day; and no man clasped the hands of these
two passing figures of the present-past; but hating they went to their
long home, and hating their children's children live to-day.
Here,
then, was the field of work for the Freedmen's Bureau; and since, with
some hesitation, it was continued by the act of 1868 till 1869, let us
look upon four years of its work as a whole. There were, in 1868, 900
Bureau officials scattered from Washington to Texas, ruling, directly and
indirectly, many millions of men. And the deeds of these rulers fall
mainly under seven heads, -- the relief of physical suffering, the
overseeing of the beginnings of free labor, the buying and selling of
land, the establishment of schools, the paying of bounties, the
administration of justice, and the financiering of all these activities.
Up to June, 1869, over half a million patients had been treated by Bureau
physicians and surgeons, and sixty hospitals and asylums had been in
operation. In fifty months of work 21,000,000 free rations were
distributed at a cost of over $4,00O,000, -- beginning at the rate of
30,000 rations a day in 1865, and discontinuing in 1869. Next came the
difficult question of labor. First, 30,000 black men were transported from
the refuges and relief stations back to the farms, back to the critical
trial of a new way of working. Plain, simple instructions went out from
Washington, -- the freedom of laborers to choose employers, no fixed rates
of wages, no peonage or forced labor. So far so good; but where local
agents differed toto coelo in capacity and character, where the
personnel was continually changing, the outcome was varied. The largest
element of success lay in the fact that the majority of the freedmen were
willing, often eager, to work. So contracts were written, -- 50,000 in a
single state, -- laborers advised, wages guaranteed, and employers
supplied. In truth, the organization became a vast labor bureau; not
perfect, indeed, -- notably defective here and there, -- but on the whole,
considering the situation, successful beyond the dreams of thoughtful men.
The two great obstacles which confronted the officers at every turn were
the tyrant and the idler: the slaveholder, who believed slavery was right,
and was determined to perpetuate it under another name; and the freedman,
who regarded freedom as perpetual rest. These were the Devil and the Deep
Sea.
In the work of establishing the Negroes as peasant proprietors
the Bureau was severely handicapped, as I have shown. Nevertheless,
something was done. Abandoned lands were leased so long as they remained
in the hands of the Bureau, and a total revenue of $400,000 derived from
black tenants. Some other lands to which the nation had gained title were
sold, and public lands were opened for the settlement of the few blacks
who had tools and capital. The vision of landowning, however, the
righteous and reasonable ambition for forty acres and a mule which filled
the freedmen's dreams, was doomed in most cases to disappointment. And
those men of marvelous hind-sight, who today are seeking to preach the
Negro back to the soil, know well, or ought to know, that it was here, in
1805, that the finest opportunity of binding the black peasant to the soil
was lost. Yet, with help and striving, the Negro gained some land, and by
1874, in the one state of Georgia, owned near 350,000 acres.
The
greatest success of the Freedmen's Bureau lay in the planting of the free
school among Negroes, and the idea of free elementary education among all
classes in the South. It not only called the schoolmistresses through the
benevolent agencies, and built them schoolhouses, but it helped discover
and support such apostles of human development as Edmund Ware, Erastus
Cravath, and Samuel Armstrong. State superintendents of education were
appointed, and by 1870 150,000 children were in school. The opposition to
Negro education was bitter in the South, for the South believed an
educated Negro to be a dangerous Negro. And the South was not wholly
wrong; for education among all kinds of men always has had, and always
will have, an element of danger and revolution, of dissatisfaction and
discontent. Nevertheless, men strive to know. It was some inkling of this
paradox, even in the unquiet days of the Bureau, that allayed an
opposition to human training, which still to-day lies smouldering, but not
flaming. Fisk, Atlanta, Howard, and Hampton were founded in these days,
and nearly $6,000,000 was expended in five years for educational work,
$750,000 of which came from the freedmen themselves. Such contributions,
together with the buying of land and various other enterprises, showed
that the ex-slave was handling some free capital already. The chief
initial source of this was labor in the army, and his pay and bounty as a
soldier. Payments to Negro soldiers were at first complicated by the
ignorance of the recipients, and the fact that the quotas of colored
regiments from Northern states were largely filled by recruits from the
South, unknown to their fellow soldiers. Consequently, payments were
accompanied by such frauds that Congress, by joint resolution in 1867, put
the whole matter in the hands of the Freedmen's Bureau. In two years
$6,000,000 was thus distributed to 5000 claimants, and in the end the sum
exceeded $8,000,000. Even in this system fraud was frequent; but still the
work put needed capital in the hands of practical paupers, and some, at
least, was well spent.
The most perplexing and least successful
part of the Bureau's work lay in the exercise of its judicial functions.
In a distracted land where slavery had hardly fallen, to keep the strong
from wanton abuse of the weak, and the weak from gloating insolently over
the half-shorn strength of the strong, was a thankless, hopeless task. The
former masters of the land were peremptorily ordered about, seized and
imprisoned, and punished over and again, with scant courtesy from army
officers. The former slaves were intimidated, beaten, raped, and butchered
by angry and revengeful men. Bureau courts tended to become centres simply
for punishing whites, while the regular civil courts tended to become
solely institutions for perpetuating the slavery of blacks. Almost every
law and method ingenuity could devise was employed by the legislatures to
reduce the Negroes to serfdom, -- to make them the slaves of the state, if
not of individual owners; while the Bureau officials too often were found
striving to put the "bottom rail on top," and give the freedmen a power
and independence which they could not yet use. It is all well enough for
us of another generation to wax wise with advice to those who bore the
burden in the heat of the day. It is full easy now to see that the man who
lost home, fortune, and family at a stroke, and saw his land ruled by
"mules and niggers," was really benefited by the passing of slavery. It is
not difficult now to say to the young freedman, cheated and cuffed about,
who has seen his father's head beaten to a jelly and his own mother
namelessly assaulted, that the meek shall inherit the earth. Above all,
nothing is more convenient than to heap on the Freedmen's Bureau all the
evils of that evil day, and damn it utterly for every mistake and blunder
that was made.
All this is easy, but it is neither sensible nor
just. Some one had blundered, but that was long before Oliver Howard was
born; there was criminal aggression and heedless neglect, but without some
system of control there would have been far more than there was. Had that
control been from within, the Negro would have been reenslaved, to all
intents and purposes. Coming as the control did from without, perfect men
and methods would have bettered all things; and even with imperfect agents
and questionable methods, the work accomplished was not undeserving of
much commendation. The regular Bureau court consisted of one
representative of the employer, one of the Negro, and one of the Bureau.
If the Bureau could have maintained a perfectly judicial attitude, this
arrangement would have been ideal, and must in time have gained
confidence; but the nature of its other activities and the character of
its personnel prejudiced the Bureau in favor of the black litigants, and
led without doubt to much injustice and annoyance. On the other hand, to
leave the Negro in the hands of Southern courts was
impossible.
What the Freedmen's Bureau cost the nation is difficult
to determine accurately. Its methods of bookkeeping were not good, and the
whole system of its work and records partook of the hurry and turmoil of
the time. General Howard himself disbursed some $15,000,000 during his
incumbency; but this includes the bounties paid colored soldiers, which
perhaps should not be counted as an expense of the Bureau. In bounties,
prize money, and all other expenses, the Bureau disbursed over $20,000,000
before all of its departments were finally closed. To this ought to be
added the large expenses of the various departments of Negro affairs
before 1865; but these are hardly extricable from war expenditures, nor
can we estimate with any accuracy the contributions of benevolent
societies during all these years.
SUCH was
the work of the Freedmen's Bureau. To sum it up in brief, we may say: it
set going a system of free labor; it established the black peasant
proprietor; it secured the recognition of black freemen before courts of
law; it founded the free public school in the South. On the other hand, it
failed to establish good will between ex-masters and freedmen; to guard
its work wholly from paternalistic methods that discouraged self-reliance;
to make Negroes landholders in any considerable numbers. Its successes
were the result of hard work, supplemented by the aid of philanthropists
and the eager striving of black men. Its failures were the result of bad
local agents, inherent difficulties of the work, and national neglect. The
Freedmen's Bureau expired by limitation in 1869, save its educational and
bounty departments. The educational work came to an end in 1872, and
General Howard's connection with the Bureau ceased at that time. The work
of paying bounties was transferred to the adjutant general's office, where
it was continued three or four years longer.
Such an institution,
from its wide powers, great responsibilities, large control of moneys, and
generally conspicuous position, was naturally open to repeated and bitter
attacks. It sustained a searching congressional investigation at the
instance of Fernando Wood in 1870. It was, with blunt discourtesy,
transferred from Howard's control, in his absence, to the supervision of
Secretary of War Belknap in 1872, on the Secretary's recommendation.
Finally, in consequence of grave intimations of wrongdoing made by the
Secretary and his subordinates, General Howard was court-marshaled in
1874. In each of these trials, and in other attacks, the commissioner of
the Freedmen's Bureau was exonerated from any willful misdoing, and his
work heartily commended. Nevertheless, many unpleasant things were brought
to light: the methods of transacting the business of the Bureau were
faulty; several cases of defalcation among officials in the field were
proven, and further frauds hinted at; there were some business
transactions which savored of dangerous speculation, if not dishonesty;
and, above all, the smirch of the Freedmen's Bank, which, while legally
distinct from, was morally and practically a part of the Bureau, will ever
blacken the record of this great institution. Not even ten additional
years of slavery could have done as much to throttle the thrift of the
freedmen as the mismanagement and bankruptcy of the savings bank chartered
by the nation for their especial aid. Yet it is but fair to say that the
perfect honesty of purpose and unselfish devotion of General Howard have
passed untarnished through the fire of criticism. Not so with all his
subordinates, although in the case of the great majority of these there
were shown bravery and devotion to duty, even though sometimes linked to
narrowness and incompetency.
The most bitter attacks on the
Freedmen's Bureau were aimed not so much at its conduct or policy under
the law as at the necessity for any such organization at all. Such attacks
came naturally from the border states and the South, and they were summed
up by Senator Davis, of Kentucky, when he moved to entitle the act of 1866
a bill "to promote strife and conflict between the white and black races
... by a grant of unconstitutional power." The argument was of tremendous
strength, but its very strength was its weakness. For, argued the plain
common sense of the nation, if it is unconstitutional, unpracticable, and
futile for the nation to stand guardian over its helpless wards, then
there is left but one alternative: to make those wards their own guardians
by arming them with the ballot. The alternative offered the nation then
was not between full and restricted Negro suffrage; else every sensible
man, black and white, would easily have chosen the latter. It was rather a
choice between suffrage and slavery, after endless blood and gold had
flowed to sweep human bondage away. Not a single Southern legislature
stood ready to admit a Negro, under any conditions, to the polls; not a
single Southern legislature believed free Negro labor was possible without
a system of restrictions that took all its freedom away; there was
scarcely a white man in the South who did not honestly regard emancipation
as a crime, and its practical nullification as a duty. In such a
situation, the granting of the ballot to the black man was a necessity,
the very least a guilty nation could grant a wronged race. Had the
opposition to government guardianship of Negroes been less bitter, and the
attachment to the slave system less strong, the social seer can well
imagine a far better policy: a permanent Freedmen's Bureau, with a
national system of Negro schools; a carefully supervised employment and
labor office; a system of impartial protection before the regular courts;
and such institutions for social betterment as savings banks, land and
building associations, and social settlements. All this vast expenditure
of money and brains might have formed great school of prospective
citizenship, and solved in a way we have not yet solved the most
perplexing and persistent of the Negro problems.
That such an
institution was unthinkable in 1870 was due in part to certain acts of the
Freedmen's Bureau itself. It came to regard its work as merely temporary,
and Negro suffrage as a final answer to all present perplexities. The
political ambition of many of its agents and protégés led it far afield
into questionable activities, until the South, nurturing its own deep
prejudices, came easily to ignore all the good deeds of the Bureau, and
hate its very name with perfect hatred. So the Freedmen's Bureau died and
its child was the Fifteenth Amendment.
The passing of a great human
institution before its work is done, like the untimely passing of a single
soul, but leaves a legacy of striving for other men. The legacy of the
Freedmen's Bureau is the heavy heritage of this generation. Today, when
new and vaster problems are destined to strain every fibre of the national
mind and soul, would it not be well to count this legacy honestly and
carefully? For this much all men know: despite compromise, struggle, war,
and struggle, the Negro is not free. In the backwoods of the Gulf states,
for miles and miles, he may not leave the plantation of his birth; in
well-nigh the whole rural South the black farmers are peons, bound by law
and custom to an economic slavery, from which the only escape is death or
the penitentiary. In the most cultured sections and cities of the South
the Negroes are a segregated servile caste, with restricted rights and
privileges. Before the courts, both in law and custom, they stand on a
different and peculiar basis. Taxation without representation is the rule
of their political life. And the result of all this is, and in nature must
have been, lawlessness and crime. That is the large legacy of the
Freedmen's Bureau, the work it did not do because it could
not.
I HAVE seen a land right merry with
the sun; where children sing, and rolling hills lie like passioned women,
wanton with harvest. And there in the King's Highway sat and sits a
figure, veiled and bowed, by which the traveler's footsteps hasten as they
go. On the tainted air broods fear. Three centuries' thought has been the
raising and unveiling of that bowed human heart, and now, behold, my
fellows, a century new for the duty and the deed. The problem of the
twentieth century is the problem of the color line.