374 



FREEDMEN AND REFUGEES. 



Circular No. 15 was rendered necessary 

 by the decision of the President, contrary to 

 the previous understanding in the "War Depart- 

 ment, that a pardon, either special or under the 

 terms of his amnesty proclamation, carried with 

 it a restoration of all real estate to the pardoned 

 man, except such as had been actually sold 

 under a decree of confiscation. As the imme- 

 diate restoration of this property, without refer- 

 ence to the condition of its present occupant, 

 would have caused great and unjustifiable suf- 

 fering to loyal citizens, it was provided that 

 a condition precedent to the restoration should 

 be a recognition and satisfaction of these claims. 

 Large quantities of abandoned lands were thus 

 restored during the year, and the preceding 

 table shows the condition of the lands which 

 were or had been in possession of the bureau 

 to December, 1865. 



Under this decision of the President, the 

 former proprietors of the islands along the 

 coast of Georgia and South Carolina, who had 

 abandoned their property in 1862, and which 

 had been cultivated by the freedmen in 1863, 

 1864, and 1865 (the last year under Gen. Sher- 

 man's special field order, which we have al- 

 ready given), began to be clamorous for the 

 restoration of these islands to them, and the 

 driving off of the freedmen without remunera- 

 tion for their labor and outlay. These cases 

 were regarded as differing in many respects 

 from those in the other States ; Gen. Sherman 

 had, so far as possible, given the freedmen a 

 possessory title in these lands, and under that 

 title they had gone forward and planted crops, 

 relying in perfect confidence upon the disposi- 

 tion of the Government to deal justly by them. 

 Yet, in accordance with the decisions in the 

 other cases, the former proprietors had some 

 semblance of right in their claim to be repos- 

 sessed of their property. Feeling confident 

 that Gen. Howard could adjust the matter 

 more satisfactorily than any one else, the War 

 Department issued the following order : 



WAB DEPABTMENT, ADJUTANT-GENKKAL'S OFFICE, > 

 WASHINGTON, October 9, 1865. ( 



Whereas, certain tracts of land, situated on the 

 coast of South Carolina, Georgia, and Florida, at the 

 time for the most part vacant, were set apart, by 

 Maj.-Gen. W. T. Sherman's special field orders No. 

 15, for the benefit of the refugees and freedmen that 

 had congregated by the operations of the war, or had 

 been left to take care of themselves by their former 

 owners; and whereas, an expectation was thereby 

 created that they would be able to retain possession 

 of said lands; and whereas, a large number of the 

 former owners are earnestly soliciting the restoration 

 of the same, and promising to absorb the labor and 

 care of freedmen : It is ordered that Maj.-Gen. How- 

 ard, Commissioner of Bureau of Refugees, Freedmen, 

 and Abandoned Lands, proceed to the several above- 

 named States and endeavor to effect an arrangement 

 mutually satisfactory to freedmeu and landowners, 

 and make a report; and in case a mutually satisfac- 

 tory arrangement can be effected, he is duly em- 

 powered and directed to issue such orders as may 

 become necessary after a full and careful investiga- 

 tion of interest of parties concerned. 



By order of the President of the United States. 

 E. D. TOWNSEND, Assistant Adjutant Gen'l. 



Gen. Howard undertook the mission, and pro- 

 ceeded at once to Charleston, where he arrived 

 October 17th. From thence he went to Edisto 

 Island, and on the 19th, accompanied by sev- 

 eral officers and Mr. William Whaley, the rep- 

 resentative of the planters, met the freedmen 

 at a large church on the island. The interview 

 was a sad one; the freedmen felt that they 

 were treated with injustice, but were after all 

 fully persuaded of the rectitude of the General's 

 intentions ; and after stating their case so strongly 

 that even the former proprietors could not deny 

 that it would be a wrong to dispossess them 

 without fair remuneration, they left the matter 

 entirely in Gen. Howard's hands, promising to 

 abide by his decision, as did also the former 

 landholders. After careful consideration, he 

 decided to constitute a board of supervisors, in 

 which the Government, the planters, and the 

 freedmen should each have a representative, for 

 the adjustment of contracts and cases of diffi- 

 culty. Where a landowner had been constantly 

 loyal, or had received his pardon, he was re- 

 quired to sign an obligation which Gen. How- 

 ard drew up, and which required the obligator 

 to promise and engage that he would secure to 

 the refugees and freedmen then resident upon 

 his estate the crops of that season, harvested or 

 unharvested ; that they should be allowed to 

 remain upon the estate at their present houses, 

 or other homes on the island, so long as the 

 responsible refugees and freedmen (embracing 

 parents, guardians, and other natural protectors) 

 should enter into contracts by leases or for 

 wages in terms satisfactory to the supervising 

 board ; also that the obligator would take 

 proper steps to enter into contracts with these 

 responsible refugees and freedmen, and they on 

 their part must enter into said contracts within 

 the period of two months from date, or sur- 

 render the right to remain on the estate. The 

 obligator was required to interpose no obstacle 

 to schools for the freedmen sanctioned by the 

 supervising board. Neither the landowners 

 nor the refugees and freedmen were to be obli- 

 gated by the instrument beyond one year from 

 its date unless it was renewed. This last pro- 

 vision was intended to allow Congress to pass 

 upon the question of the final restoration of 

 these lands. Having selected the most capable 

 man he could find to represent the Bureau in 

 this matter, Capt. Alexander P. Ketchnm, 128th 

 U. S. C. T., and acting assistant adjutant-gen- 

 eral, Gen. Howard left him specific instructions, 

 and went on to Savannah and Fernandina, 

 Florida, taking measures to prevent the eject- 

 ment of the freedmen from their homes, while 

 the planters were treated with kindness and 

 courtesy. Proceeding to Mobile, the Gem-nil 

 telegraphed to the Secretary of War the course 

 he had pursued, urging at the same time that 

 the attention of Congress should be called to 

 the matter at the commencement of the sos'mii, 

 and that these islands, or a part of them, should 

 be purchased by the United States, with a view to 

 their rental and eventual purchase by the freed- 



