Index of correspondences book 1

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Southern Press Savannah Nat'l Republican

Corrospondance between certain mem bers of the Legislature and Hon Joseph E. Brown as to Legisla tion proper in regard to the Freedmen

In the Savannah National Republican, of the 12th ult. is found a corrospondance between certain members of the Georgia Legislature and Hon Joseph E. Brown. The members of the Legislature having asked of Hon J.E. Brown his opinion in writing as to what legistation relative to the freedmen of the State would be proper "under existing circumstances," that gentleman replies, that oeing to the results of the war, and the undeniable facts of the hour; the two races will have to be placed (so far as the laws of rights, and remedies in the Georgia Courts are concerned) upon terms of perfect Equality; that, while the negro should not be allowed to occupy the jury box, nor resort to the ballot box, he ought to be granted the same rights to sue, and be sued and to testify in all the Courts of the State which the white man has, that, "in a word" his rights of life, liberty, and prop erty including the full and free enjoyments of the proceeds of his labors, must be amply secured to him by law, with all the guaranties necessary to their protection," that courts and juries must see to it that equal and impartial justic is meted out to him, and that when the above is done the Freedman's Bureau will be likely to be removed. Also that he thinks it would be unwise and injudicious for the Legistature to pass any Freedman's code, or any other law that discriminates between the races so far as rights and remedies are concerned, a short statute extending the provisions of the penal code of this State, so as to embrace all persons of African decent, and extending to them all the civ il rights in our Courts enjoyed by white persons except the right to sit in the jury box, together with the same rights of marriage as between persons of their own color, and the same rights of inheritance with the same [laws?] of guardianship, apprenticeship, ets, being, in his opinion all the legislation relative to them which is expedient or proper.

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For the Week Ending Thursday March 8. 186[scan cut off]

Florida

On the 7th inst. the Bureau is in receipt of a letter from Col. Osborne Asst Comm'r, transmitting copies of Acts of the late Legislature, having special reference to the freed-people; also, Special Orders issued since January 1s 1866., and copies of letters from the corrospondence of his office.

From extracts from the letters, the following is taken. [illegible]

On the 13th. of November./65., is a letter addressed to Chaplain H.H. Moore. Superintend end, Etc. Col. Osborne, through his Asst. Adj't Genl requests the organization of Schools in Jacksonville and Saint Augustine, "to prepare girls from Sixteen to twenty-five years of age for teachers,"; those admitted to these schools to be selected with reference to their fitness for the duty teachers

Florida

On the 23rd of De cember, Col. Osborne, instructs Judge of Probate (acting as Agt. of the Bureau) throughout the State, as follows.

Where no contracts have been made between the planter and the laborers, the Order of Brig Gen. John Newton, of August 18. 1865., allow ing one fourth of the crops raised in the year 1865., to the laborers, will be considered in force. An Equivalent in money may be paid, when the parties agree to such a settlement.

Where settlements have been made before this letter is received, they will not be disturbed. Where payment has been made in part, in money, clothing, or a portion of the crops, it will be allowed in the settlement. But the provisions used in the support of the la-

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borers, or their families, will not be estimated.

No approved contracts which have allowed the laborers a fair remuneration for their services, will be inter fered with. But where, in the judgment of the Aent, gross injustice has been done either party, the Agent may set aside the contract, and in such cases, give the laborers, one fourth the drops, and this letter shall be his security for his action.

Florida

On the 29th of December 1865., Col. Osborne writes to Gen Munder A.A.G. Dep't of Florida, requesting that all officers on duty in the State, be requested, or ordered to report to Dep't Head Quar ters, any delinquency or superceeding of orders, or dishon est, partial or otherwise, unjust procedure of Judges of Probate, Justices of the Peace, or other Agents of the Bureau.

He states that he is especially anxious about the matter "as it appears that all subordinate officers think it an encroachment upon their duties to, in any way, interest themselves in the affairs of this Bureau, and that he can be inform ed from Gen. Munder's office, of any unjust proceedure on the part of the Bureau officers and provide against them in the future.

Florida

On the 29. of December 1865., Col. Osborne, writes to Gov. Marvin of Florida, calling his attention to the omission the Schedule of Bills reported by a Commissioner for the consideration of the General Assembly, of enactments providing "for the care of those who will, of necessity be thrown upon the charity of the people, or of the State."

Col. Osborne remarks, that the sooner the State makes the necessary provission to protect against absolute suffering, that class

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Florida

of people made free by the operation of the war, the sooner the wardship, the Government has assumed over them, can be dispense with; and, states that he does not wish to propose any plan to be adopted in making such provision for the paupers of the State because there are plenty of gentlemen in the Legislative Body who could easily prepare a Bill that would embody all that would be necessary in the case.

Florida

On the 30th of December, in a letter to Hon Wm Marvin, Prov. Governor, Col. Osborne strongly expresses his disapproval of those provisions in the Series of "Bills reported by Commission" for the action of the Legislature of of Florida, which super-adds to the oth er modes of punishment provided for the commission of certain offences, the punishment of stripes on the bare back and standing in the pillory. He requests the Governor to lend his influence against their becoming the laws of the State, points out how inconsistent withe the views held in this enlightened age are such barbarous punishments, declares that in the government of so peaceable a class of people as the freed men of Florida, such punishment is uncalled for, and urges the Representatives again[st?] the adoption of such legislation.

Col. Osborne also objects to a section of one of the Bills above alluded to, in which it is enacted that any negro, mulatto, or person of color convicted of assaulting a white female with intent to commit a rape, or be accessory thereto, shall suffer death, on the ground that such legislation is partial, the same

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Florida

punishment not being decreed for a like offence on the part of a white man.

For similar reasons, and on account of the unconstitutionality of such legislation, he objects to the section of the same Bill which provides that no negro, mulatto, or other person of color shall own or keep in his possession, fire arms, etc, without giving bonds.

In conclusion the Governor is assured of Col. Osborne's sincere desire that the State shall as early as possible resume its full relation with the Gen eral Government, and of his conviction that wholesome, generous, and impartial legislation is requisite, to accomplish this result.

Florida

On the 31st December in reply to a letter from the Judge of Probate of Madison County, Col. Osborn, through his Agent transmits the following instructions.

I. No deduction to be made from the laborer's share of the crops, or wages, for support of children or aged and decrepid persons, in cases where no contract was made (or an unjust one.)

II. One fourth of the Pork killed this year, or the first of next, for next year's use, is to be given to the laborers in cases of no contracts, or unjust contracts.

III. House servants are to be paid separately and not reconed with the field hands.

In enforcing your decisions you are authorized to call on the nearest military officer.

Florida

On the 8th of January, 1866, in a letter to his Excellency Governor David S. Walker, Chaplain L.M. Hobbs, Asst Superintendent of Education of the Bureau, draws the Governor's attention to the subject

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