HKB

← back

The Souls of Black Folk

W. E. B. Du Bois (William Edward Burghardt Du Bois) · 1903 primary

passage 17 of 130 · (17/130)

in brief
Du Bois explains the Bureau’s judicial role and why it struggled: Bureau courts favored Black litigants while leaving Southern courts to enforce white power, worsening intimidation and framing political conflict as legal injustice.

eight million dollars. Even in this system fraud was frequent; but still the work put needed capital in the hands of practical paupers, and some, at least, was well spent.

The most perplexing and least successful part of the Bureau’s work lay in the exercise of its judicial functions. 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. 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 gave 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. Someone 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 re-enslaved, 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 commendation.

← previous passage read in the full work → next passage →

topics: courts, trials, and pleading · crime and punishment · justice as a virtue · political legitimacy and consent

The Souls of Black Folk · W. E. B. Du Bois (William Edward Burghardt Du Bois) · 1903