Legal Form for the Restoration of Confiscated Property Held by the Freedmens Bureau (1865)
From South Carolina Freedmens Bureau records, Box 483; in Martin Abbott, Freedmens Bureau in South Carolina, 18651872 (Chapel Hill, NC, 1967), pp. 13738.
Land was a central question during the Reconstruction period that followed the Civil War. In January 1865, General Sherman had issued Special Field Order No. 15, which set aside the Sea Islands and some inland property along the South Carolina coast for the exclusive settlement of black families. Each family was to receive forty acres of land and a mule. Initially, the Bureau of Refugees, Freedmen, and Abandoned Lands (a.k.a. the Freedmens Bureau) would have been responsible for all confiscated lands in the South, including these, and the land was to be made available to freedmen and refugees to rent and eventually to purchase. However, many people including some supporters of the Freedmens Bureauperceived confiscating land, even from former Confederates, as a violation of the Constitution. When Andrew Johnson became president after Lincolns assassination, he began to issue pardons to former Confederates. To ensure that land would be returned to those pardoned, Johnson ordered the head of the Freedmens Bureau, General Howard, to issue Circular No. 15. The excerpt below is from one such restoration of property to a South Carolina planter.
Richard H. Jenkins, an applicant for the restoration of his plantation on Wadmalaw Island, S. C., called Rackett Hall, the same having been unoccupied during the past year and up to the 1st of Jan. 1866, except by one freedman who planted no crop, and being held by the Bureau of Refugees, Freedmen and Abandoned Lands, having conformed to the requirements of Circular No. 15 of said Bureau, dated Washington, D. C., Sept. 12, 1865, the aforesaid property is hereby restored to his possession.
The above instrument to be considered null and void unless the obligation herewith attached and subscribed to by said Richard H. Jenkins be faithfully and fully complied with.
All differences arising under this instrument and obligation are to be adjusted by the Board of Supervisors constituted by order of the Commissioner of the Bureau of Refugees, Freedmen and Abandoned Lands, dated Charleston, November 14, 1865.
. . . . . .
The Undersigned, Richard H. Jenkins, does hereby solemnly promise and engage, that he will secure to the Refugees and Freedmen now resident on his Wadmalaw Island Estate, the crops of the past year, harvested or unharvested; also, that the said Refugees and Freedmen shall be allowed to remain 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) shall enter into contracts, by leases or for wages, in terms satisfactory to the Supervising Board.
Also, that the undersigned will take the proper steps to enter into contracts with the above described responsible Refugees and Freedmen, the latter being required on their part to enter into said contracts on or before the 15th day of February, 1866, or surrender their right to remain on the said estate, it being understood that if they are unwilling to contract after the expiration of said period, the Supervising Board is to aid in getting them homes and employment elsewhere.
Also, that the undersigned will take the proper steps to enter to schools sanctioned by the Supervising Board, or by the Bureau of Refugees, Freedmen and Abandoned Lands.
But nothing in this instrument shall be so construed as to relieve the above mentioned persons from the ordinary judicial consequences of crime and misdemeanor.
Neither the land owners nor the Refugees and Freedmen will be obligated by this instrument beyond one year from this date unless the instrument is renewed.
Document Analysis
How was Jenkinss property restored to him?
What did Jenkins have to promise in order to fulfill the requirements of this document?
Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements?
What did Jenkins have to promise in order to fulfill the requirements of this document?
Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements?
1. He was restored his property after he agreed to all the stipulations that the contract made.
2. To fulfill the requirements of this document, Jenkins had to promise that he would secure the crops that the Freedmen and Refugees had harvested the past year, and that they shall be allowed to remain at their present houese on other homes on the island, if they also agreed to contracts.
3. Yes, both groups were treated equally. Both groups had to agree to the same terms if they wanted to stay on their land. If they didn't agree to the contracts, then they would have to move off of their land, and find employment elsewhere.
Primary source #15:Restoration of Confiscated Property
How was Jenkins property restored to him?
Jenkins property was restored to him through Circular No. 15 which states that any abandoned lands held by the Bureau of Refugees, Freedmen and AbandonedLands, may be restored to owners that were pardoned by the President.The property owner would have to provide evidence of the Presidents pardon, Proof of the land title and would have to allow the freedmen living on the property the crops that they were growing or give them compensation for their labor and expenses.
What did Jenkins have to promise in order to fulfill the requirements of the document?
Jenkins was required to secure to the Refugees and Freedmen in residence the crops of the past year, harvested or unharvested; also he had to allow the Refugees and Freedmen to remain in their present houses or other homes on the island for as long as the Refugees and Freedmen entered into contracts by leases or wages that were satisfactory to the Supervising Board.
Were freedmen ( meaning freed slaves) and refugees treated equally?Did both groups have the same requirements?
The requirements for the Freedmen were the same as for the Refugees with one exception.The Freedmen were required to enter into contracts on or before the 15th day of February 1866 or they would surrender their right to remain on the estate. The Refugees were not required to contract by a specific date.
His property was restored due to the fact that he conformed to the requirements of Circular No. 15 of the Bureau of Refugees, Freedmen and AbandonedLands.
He has to promise to give all the crops from his property of last year, harvested or unharvested, to the refugees and freedmen residing on his estate and to allow them to remain at their present homes so long as they enter into contracts, by leases or for wages, in terms that the Supervising Board agrees upon.
Basically, yes both were treated equally in that they had to agree to the same requirements but for the freedmen they had one more added to their list of requirements.They had to until the 15th of February 1866 to either agree to a contract or leave the estate and look for home and employment elsewhere with the help of the Supervising Board.
1.How was Jenkins property restored to him? Jenkins property was restored to him by the Circular No. 15 act. Basically those who were pardoned by President Johnson under this act were able to get their land back.2.What did Jenkins have to promise in order to fulfill the requirements of this document? Jenkins had to allow the freedman and refugees to stay on the island in their houses, and also to not harm the crops they have grown in the past year.3.Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements? Yes both freedmen and refugees were treated equally. Both groups got stay in their houses and keep their crops.
1. Jenkins property was restored to him because he applied to the circular NO.15 of the Bureau of Refugees, Freedmen and AbandonedLands.
2. Jenkins had to give all the crops grown on his property over the past year weither they were havested or unharvested to the freedman and refugees and had to allow them to live on his land for as long as they enter into contracts, by leases or for wages, in terms that the Supervising Board agrees upon.
3.they were both treated equally but The Freedmen were required to enter into contracts before February 15th, 1866 or they would no longer be able to remain on the estate.
1. His property was restored to him because the Circular NO. 15 act applied to him.
2. He had to secure the Refugees and Freedmen the crops they harvested the past year, and that they could remain in their homes on the island if they agreed to the contracts.
His land was eventually given back to him due to Circular No. 15 after he was pardoned.
What did Jenkins have to promise in order to fulfill the requirements of this document?
Jenkins had to promise to give all of the crops from the last year, harvested or not, to the refugees and freedmen that had been living there as well as let them continue to live there until their leases or contracts ran out, as overseen by the Supervising Board.
Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements?
Both the refugees and freedmen were basically treated the same. The only difference was that the freedmen had a deadline in which to file a contract and the refugees did not.
Jenkins's property was restored to him because he had conformed to the requirements of Circular No. 15 according to the Bureau of Refugees, Freedmen, and Abandoned Lands.
2. What did Jenkins have to promise in order to fulfill the requirements of this document?
He had to promise to give the crops from last year to the Refugees and Freedmen wether they were harvested or unharvested. He also had to let the Refugees and Freedmen who were living on his island remain where they were.
3. Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements?
I feel that both groups were treated the same. They both recieved the same things from Jenkins's promise and there wern't any major differences in their treatment.
Through Andrew Johnsons executive order Circular No. 15 (dated Washington, D. C., Sept. 12, 1865) upheld by the Bureau of Refugees and others (The Freedmens Bureau) which along with executive pardons, returned property to ex.-confederates taken in Shermans Special Field Order No. 15. In this document it states that the aforesaid property is hereby restored to his possession if Jenkins complies with the rules and requirements the bureau set in the document.
What did Jenkins have to promise in order to fulfill the requirements of this document?
Jenkins must secure to the Refugees and Freedmen now resident on his Wadmalaw Island Estate along with the crops of the past year, the Freedmen must be allowed to stay at their houses on his property , take the proper steps to enter into contracts with the above described responsible Refugees and Freedmen, and lastly to take the proper steps to enter to schools sanctioned by the Supervising Board in order to secure his property.
Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements?
The both groups, the freedmen and the refugees seem to be treated equally (good or bad) because they are both given the same rights under Circular number 15 including the right to stay at their present homes, and protection from entering irresponsible contracts. They were also protected under the same organization (although broken up between organizations like the Bureau of Refugees, Freedmen, and Abandoned Lands), the freedmens bureau.
1.How was Jenkins's property restored to him? Jenkins's property was restored to him by completing the requirements of Circular No. 15.
2.What did Jenkins have to promise in order to fulfill the requirements of this document? He had to promise to give the crops of last year harvested or unharvested to th Refugees and Freedmen and let them continue to live on his island.
3.Were freedmen (meaning freed slaves) and refugees treated equally? Did both groups have the same requirements? The refugees and freedmen were treated equally and the requirements only had one difference, the freedmen had a deadline and the refugees didn't.
