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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-martialed 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 a 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 proteges led it far afield into questionable activities, until the South, nursing 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.
OF THE TRAINING OF BLACK MEN
by W. E. Burghardt Du Bois
From the shimmering swirl of waters where many, many thoughts ago the slave-ship first saw the square tower of Jamestown have flowed down to our day three streams of thinking: one from the larger world here and over-seas, saying, the multiplying of human wants in culture lands calls for the world-wide cooperation of men in satisfying them. Hence arises a new human unity, pulling the ends
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