Freedmen's Bureau Records: Roswell Waldo to Orlando
Brown, October 31, 1868
Summary:
In his report, Waldo remarks that although he knows of no cases of actual
discrimination in the legal system, he observes a "spirit" of injustice towards
blacks and whites loyal to the Union government among Magistrates. Waldo also
reports that he continue to settle civil matters outside of the courts.
Bureau of Refugees, Freedmen and Abandoned Lands,
Office 4th Division, 9th
Sub-District of Virginia.
General O Brown
Assistant Commissioner
Richmond Virginia
October 31 1868
Staunton, Va.
General
In compliance with Par VI Circular No X- dated Headquarters Assistant Commissioner Richmond Virginia March 12 1866 - in relation to the result of the operation of the order restoring to the Civil Authorities jurisdiction in Criminal Cases over colored persons &c I have the honor to make the following Report so far as said orders pertains to this Division, Highland and Augusta Counties.
But two or three cases of a Criminal character have been referred to the Civil Authorities during the month, and those were withdrawn before coming to trial, the parties concerned preferring to settle them amicably rather than subject themselves to the costs that would accrue from a legal investigation. All these being of a petit nature, I could not but approve of the action of the complainant in withdrawing them.
The political animosity of the Magistrates toward a Union man, of either color is so great that I have reason to believe, he would do more injury to the complaining party, if a loyal man, than justice to the party complained of, if of the opposite sentiment. When a Justice of the Peace will degrade himself, and his office by committing assualt and battery on a white man, without other cause for aggravation and offence, than his loyalty tested, as was done in this place but a few days since, I do not think such a man is too moral to manifest his resentment against a colored applicant for redress in case the accused be of the more popular stripe - a rebel - While I do not think all the Magistrates would [unclear: demean] themselves to the extent here represented, it is but a fair representation of the spirit engendered and personal feelings of many.
Although I am unable to recite any instances where actual injustice has been done
a Colored person by any Magistrate, yet this spirit of animosity courted by them
against a man white or colored with loyal proclivities, is so prominently
manifest that it is with a spirit of misgiving as to the
[unclear: result] that I [unclear: refer] the complaints
[page 3]
made to this office to the Civil Authorities for adjustment.
Many complaints have been made of the non-payment or partial payment of employees for labor performed during the past season & for other causes, in many of which I have been successful in adjusting to the satisfaction of complainants, but it serves to show the spirit manifested toward the colored man, and the honesty and integrity of many whites by whom they have been employed.
No complaints have been made at this office arising from the disobedience of the "Game Saw" referred to in Circular No 24 CS from your office, nor have any instances relative thereto come to my notice.
Very respectfully
Your obedient servant
Roswell Waldo
Assistant Sub Assistant Commissioner
