MUNICIPAL REGULATIONS.
The motives and spirit bringing forth such ideas found a still clearer expression in some attempted municipal regulations. In no State within the range of my observation had, at the time of my visit, so much progress been made in the reorganization of local government as in Louisiana. In most of the parishes the parish authorities had exercised their functions for some time; in others the organization was less complete. Governor Wells informed me that he had filled the parish offices with men recommended to him by the people of the parishes, and it is fair to assume that in most cases the appointees represented the views and sentiments of the ruling class. Some of the local authorities so appointed furnished us an indication of the principles upon which they thought it best to regulate free labor within their jurisdiction.
Mr. W.B. Stickney, agent of the Freedmen's Bureau at Shreveport, Louisiana, reported to the assistant commissioner of the bureau in Louisiana as follows: "August 1.—The following is a literal copy of a document brought to this office by a colored man, which is conclusive evidence that there are those who still claim the negro as their property:
"'This boy Calvin has permit to hire to whom he pleases, but I shall hold him as my property until set free by Congress. July 7, 1865. (Signed.) E.V. TULLY.'"
The spirit of the above also made its appearance in another form, in the action of the police board of the parish of Bossier, which was an attempt to revive at once the old slave laws, and to prevent the freedmen from obtaining employment (away) from their former masters. The gist of the enactment alluded to is contained in the paragraph directing the officers on patrol duty "to arrest and take up all idle and vagrant persons running at large without employment and carry them before the proper authorities, to be dealt with as the law directs." A regulation like this certainly would make it difficult for freedmen to leave their former masters for the purpose of seeking employment elsewhere. The matter was submitted to Brevet Major General Hawkins, commanding western district of Louisiana, who issued an order prohibiting the parish police forces from arresting freedmen unless for positive offence against the law.
Clearer and more significant was the ordnance passed by the police board of the town of Opelousas, Louisiana. (Accompanying document No. 34.) It deserves careful perusal. Among a number of regulations applying exclusively to the negro, and depriving him of all liberty of locomotion, the following striking provisions are found:
Section 3. No negro or freedman shall be permitted to rent or keep a house within the limits of the town under any circumstances, and any one thus offending shall be ejected and compelled to find an employer or leave the town within twenty-four hours. The lessor or furnisher of the house leased or kept as above shall pay a fine of ten dollars for each offence.
Section 4. No negro or freedman shall reside within the limits of the town of Opelousas who is not in the regular service of some white person or former owner.
Section 8. No freedman shall sell, barter or exchange, any articles of merchandise or traffic within the limits of Opelousas without permission in writing from his employer, or the mayor, or president of the board.
This ordinance was at first approved by a lieutenant colonel of the United States forces having local command there, and it is worthy of note that thereupon the infection spread at once, and similar ordinances were entertained by the police boards of the town of Franklin and of the parish of St. Landry. (Accompanying document No. 35). The parish ordinance of St. Landry differs from the town ordinances of Opelousas and Franklin in several points, and wherever there is any difference, it is in the direction of greater severity. It imposes heavier fines and penalties throughout, and provides, in addition, for a system of corporal punishment. It is also ordained "that the aforesaid penalties shall be summarily enforced, and that it shall be the duty of the captain or chief of patrol to see that the aforesaid ordinances are promptly executed." While the town ordinances provide that a negro who does not find an employer shall be compelled to leave the town, the parish or county ordinance knows nothing of letting the negro go, but simply compels him to find an employer. Finally, it is ordained "that it shall be the duty of every citizen to act as a police officer for the detection of offences and the apprehension of offenders, who shall be immediately handed over to the proper captain or chief of patrol."
It is true, an "organization of free labor" upon this plan would not be exactly the re-establishment of slavery in its old form, but as for the practical working of the system with regard to the welfare of the freedman, the difference would only be for the worse. The negro is not only not permitted to be idle, but he is positively prohibited from working or carrying on a business for himself; he is compelled to be in the "regular service" of a white man, and if he has no employer he is compelled to find one. It requires only a simple understanding among the employers, and the negro is just as much bound to his employer "for better and for worse" as he was when slavery existed in the old form. If he should attempt to leave his employer on account of non-payment of wages or bad treatment he is compelled to find another one; and if no other will take him he will be compelled to return to him from whom he wanted to escape. The employers, under such circumstances, are naturally at liberty to arrange the matter of compensation according to their tastes, for the negro will be compelled to be in the regular service of an employer, whether he receives wages or not. The negro may be permitted by his employer "to hire his own time," for in the spirit and intent of the ordinance his time never properly belongs to him. But even the old system of slavery was more liberal in this respect, for such "permission to hire his own time" "shall never extend over seven days at any one time." (Sec. 4.) The sections providing for the "summary" enforcement of the penalties and placing their infliction into the hands of the "chief of patrol"—which, by the way, throws some light upon the objects for which the militia is to be reorganized—place the freedmen under a sort of permanent martial law, while the provision investing every white man with the power and authority of a police officer as against every black man subjects them to the control even of those individuals who in other communities are thought hardly fit to control themselves. On the whole, this piece of legislation is a striking embodiment of the idea that although the former owner has lost his individual right of property in the former slave, "the blacks at large belong to the whites at large."
Such was the "organization of free labor" ordained by officials appointed by Governor Wells, and these ordinances were passed while both the emancipation proclamation and a provision in the new constitution of Louisiana abolishing slavery in that State forever were recognized as being in full force. It is needless to say that as soon as these proceedings came to the knowledge of the Freedmen's Bureau and the department commander they were promptly overruled. But Governor Wells did not remove the police boards that had thus attempted to revive slavery in a new form.
The opposition to the negro's controlling his own labor, carrying on business independently on his own account—in one word, working for his own benefit—showed itself in a variety of ways. Here and there municipal regulations were gotten up heavily taxing or otherwise impeding those trades and employments in which colored people are most likely to engage. As an illustration, I annex an ordinance passed by the common council of Vicksburg, (accompanying document No. 36,) together with a letter from Colonel Thomas, in which he says: "You will see by the city ordinance that a drayman, or hackman,