Printed circular from General O. O. Howard; July 28, 1865

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Printed circular from General O. O. Howard; July 28, 1865

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People

Howard, O. O. (Oliver Otis), 1830-1909 Johnson, Andrew, 1808-1875

Events

Criminal Procedure--Pardon Military Events--Military occupation Taxation Taxation--Confederate States of America United States. Army. General Order No. 110 United States. Congress. Legislation. Freedman's Bureau Act (1865)United States. Congress. Legislation. Pacific Railroad Act (1864)

Military Units

Confederate States of America--Military Service (Branch Unspecified)United States. Army

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United States. Bureau of Refugees, Freedmen, and Abandoned Lands United States. Congress United States. War Department

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Commissioners Land Commissioners United States. President

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Alabama Arkansas Florida Georgia Kentucky Louisiana Missouri North Carolina South Carolina Tennessee Texas Virginia Washington (D.C.)

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Enslaved people Historically free and newly freed African Americans Refugees

Printed circular from General O. O. Howard; July 28, 1865

CIRCULAR
No. 13

WAR DEPARTMENT.
BUREAU REFUGEES, FREEDMEN AND ABANDONED LANDS.
Washington, July 28, 1865.

In order to establish a definite and uniform policy relative to Confiscated and Abondonded Lands and other confiscated and abandoned property, which are now or that may hereafter come under the control of this Bureau, by virtue of the Act, approved March 3rd, 1865, establishing the Lureau, and other acts and sections of acts and orders of the President, relative to captured, confiscated and abandoned property, to-wit: Sec. 2, Act approved July 2, 1864, and General Order No. 110, War Department, June 7th, 1865, the following rules and regulations are established:

I. All confiscated and abandoned lands and other conficated and abandoned property that now are or that may hereafter come under the control of the Bureau of Refugees, Freedmen and Abandoned lands, by virtue of said acts and sections of acts and orders of the President, are and shall be set apart for the use of loyal refugees and freeman, and so much as may be necessary, assigned to them as provided in Sec. 4, of the Act establishing the Bureau, viz :
"To every male citizen, whether refugee or freedmen, as aforesaid, there shall be assigned not more than forty acres of such land, and the person to whom it was so assigned shall be protected in the use and enjoyment of the land for the the term of three years, at an annual rent not exceeding six per centum upon the value of such land, as it was appraised by the State authorities in the year eighteen hundred and sixty, for the purpose of taxation; and in case no such appraisal can be found, then the rental shall be based upon the estimated value of the land in said year, to be ascertained in such manner as the Commissioner may, by regulation, prescribe. At the end of said term, or at any time during said term, the occupants of any parcels so assigned may purchase the land, and receive such title thereto as the United States can convey, upon paying therefor the value of the land as ascertained and fixed, for the purpose of determining the annual rent aforesaid."

II. All land or other property, within the several insurrectionary States, viz: Virgi-nia, North Carolinia, South Carolinia, Georgia, Florida, Alabama, Mississippi, Kentucky, Tennessee, Missouri, Arkansas, Louisiana, and Texas, to which the United States have or shall have acquired title by confiscation or sale, or otherwise, during the late rebellion, and all abandoned lands, or other abandoned property, in those States, become so by the construction of Sec, 2, of Act approved July 2, 1864, viz : Property, real or personal, shall be regarded as abandoned when the lawful owner thereof shall be voluntary absent thereform, and engaged either in arms or otherwise in aiding or encouraging the rebellion, and which remains unsold or otherwise disposed of, are and shall be considered and under the control of the Commissioner of the Bureau of Refugees, Freedmen and Abandoned Lands, for the purposes hereintofore set forth, and for the time authorized by the act establishing the Bureau ; and no part or parcel of said confiscated or abandoned property shall be surrendered or restored to the former owners thereof or other claimants thereto, except such surrender or restoration be authorized by said Commissioner.

III. Whenever any abandoned lands or other abandoned propety that shall have come into the possesion of the Bureau, does not fall under the definition of "abandoned," as set forth in Sec. 2, of the Act approved July 2, 1864, it will be formally surrendered by the Commissioner or Assistant Commissioner of the Bureau, upon clear proof that the claimant did not abandon the property in the sense defined in said section and act.

IV. In the surrender or restoration of any property, the requirement of Circular No. 3, current series, from this Bureau, will be carefully observed.

V. Assistant Commissioners will, as rapidly as possible, cause accurate descriptions of all confiscated and abandoned lands, and other confiscated and abandoned property that are now or that may hereafter come under their control, to be made, and besides keeping a record of such themselves, will forward monthly to the Commissioner of the Bureau, copies of such descriptions in the manner prescribed by Circular No. 10, of July 11th. 1865, from this Bureau. They will, with as little delay as possible, select and set apart such confiscated and abandoned lands and property as may be deemed necessary for the immediate use of Refugees and Freedmen, the specific division of which into lots and the rental or sale thereof, according to the law establishing the Bureau, will be completed as soon as practicable and reported to the Commissioner. In the selection and setting apart of such lands and property, care will be used to take that about which there is the least doubt as to the proper custody and control of this Bureau.

VI. The pardon of the President will not be understood to extend to the surrender of abandoned or confiscated property, which, by law has been set apart for Refugees and Freedmen, "or in use" for the employment and general welfare of all persons within the lines of national military occupation within said insurrectionary States formally held as slaves, who are or shall become free. (See Act of March 3d, 1865, and Act of July 2d, 1864, Sec. 1, Chapter 225.)

O. O. HOWARD, Maj. Gen'l,
Commissioner Bureau Refugees, Freedmen and Abandoned Lands.