Freedmen's Bureau Records: John W. Jordan to Orlando
Brown, June 30, 1868
Summary:
In his very detailed report, Jordan states that he tries to avoid the
adjudication of disputes involving freedmen in the courts because of the
pervasive prejudice in the system. He recommends the establishment of military
courts that would have jurisdiction over blacks and other "loyal" citizens, so
that they would be able to receive fair trials. He also calls for the extension
of the Bureau's tenure, and an increase in its powers to work against opposition
to the government.
Bureau of Refugees, Freedmen and Abandoned Lands,
Office 4th Division, 9th
Sub-District, Virginia.
Bvt Brig
Gen. O Brown
Asst
Comr &c
Richmond Va
June 30th 1868
STAUNTON, VA.
In compliance with Par VI Cir No 10 Hd Qrts. Asst Comr. B of R.F. & A.L. Richmond Va March 12 1866 concerning the result of the operation of the "Order" restoring to the "Civil Courts" jurisdiction over colored persons &c. I have the honor to submit the following Report pertaining thereto for the present month so far as my Division is concerned.
By reason of the fact that I still
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persist in preventing the
adjudication of Freedmen's cases by the civil authorities there have been but
few cases in which colored persons appeared as parties brought before the courts
& consequently I am not able to report any instances of injustice or
[unclear: oppression] towards the race growing out of indifference
to their complaint or prejudice to their interests. My experience in this sphere
of operation has resulted in the conviction that as a general thing the Civil
Courts and authorities in Virginia are in judgments, verdicts, and action biassed in fact controlled by partiality and prejudice
in their management & disposition of cases in which colored persons are
interested and hence cannot in [unclear: justice] to my sense of duty
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permit the indiscriminate adjudication of such cases by said
authorities & I am well satisfied the truth of this
[unclear: proposition] would be clearly and speedily demonstrated if the
Military authority was withdrawn if such a thing was necessary.
Because of these facts I assume the responsibility of bringing the parties together and giving them every reasonable opportunity of comprehending each other which policy in a large majority of cases results in amicable settlements of the differences, and the promotion of kindly feeling towards each other, besides saving time and expense to all concerned.
It cannot be concealed that
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the feeling of bitterness against the
Government and its representatives is daily increasing and becoming more
aggressive this is evident from the bearing of those men who give
[unclear: tone] to public sentiment and thus direct the vindictive
hatred of the enemies of the Govt. The
treatment extended to those men who have shown a disposition to accept the
situation and who are earnestly striving to secure the speedy restoration of the
state to its rightful political relations to the Govt. The threats made that freedmen shall be driven out of the land
&c all contribute not only to rendering the continuance of the Bureau a
necessity but toward
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extending the powers
of Bureau officers.
I believe now that it would greatly facilitate reconstruction, and make substantial reliable loyal men out of kindly disposed but mild citizens if Military Courts were established in each County with limited jurisdiction of course, but which would secure especially to the Freedmen as well as loyally disposed citizens equal & impartial justice which I am afraid they cannot obtain, especially in the lower Courts.
I am General
Very Respectfully
Your obt
Svt
Jno W. Jordan
A.S.A. Comr &c
