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diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/35771-8.txt b/35771-8.txt new file mode 100644 index 0000000..b85b9b2 --- /dev/null +++ b/35771-8.txt @@ -0,0 +1,3398 @@ +The Project Gutenberg EBook of When the Ku Klux Rode, by Eyre Damer + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: When the Ku Klux Rode + +Author: Eyre Damer + +Release Date: April 5, 2011 [EBook #35771] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK WHEN THE KU KLUX RODE *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + + + + +WHEN THE KU KLUX RODE + + + + + WHEN THE KU KLUX RODE + + + BY EYRE DAMER + + + NEW YORK + THE NEALE PUBLISHING COMPANY + 1912 + + + + + Copyright, 1912, by + The Neale Publishing Company + + + + +INTRODUCTION + + +This work is undertaken with the wish to gratify a popular desire for +addition to the scant literature relating to the Reconstruction Era and +that most remarkable organization of modern times--begotten of conditions +unparalleled in history, conditions which can never recur, and vanishing +with the emergency which created it--the militant Ku Klux Klan. Only one +writer has ventured far into this field of research, which until then +seemed forbidden, and in his contribution to history, fact and fiction are +so interwoven as to be almost indistinguishable. But the widespread and +intense interest manifested in his revelations of the origin and purposes +of the Klan indicates that the present generation eagerly imbibes +knowledge of the sacrifices and achievements of the men who in the awful +crisis of reconstruction, and against almost insuperable obstacles, +rescued the commonwealth from the control of corrupt adventurers and +ignorant freedmen, and established orderly government, without which the +subsequent marvelous development of natural resources and advancement in +education which have placed the state in the forefront of progress would +have been impossible. This evident interest encourages the hope that a +simple narrative of facts connected with the struggle in that part of the +Black Belt of Alabama which formed the Fourth Congressional District, by +one who was in the midst of it and a close observer, will receive a +welcome. + + + + +CONTENTS + + + PAGE + + CHAPTER ONE--PROVISIONAL GOVERNMENT 9 + + CHAPTER TWO--NATIVE GOVERNMENT 14 + + CHAPTER THREE--MILITARY GOVERNMENT 19 + + CHAPTER FOUR--A GRAVE PROBLEM 26 + + CHAPTER FIVE--THE FREEDMEN'S BUREAU 34 + + CHAPTER SIX--MILITARY REGULATIONS 38 + + CHAPTER SEVEN--THE UNION LEAGUE 47 + + CHAPTER EIGHT--A REPUBLICAN BLUNDER 51 + + CHAPTER NINE--CARPETBAG GOVERNMENT 54 + + CHAPTER TEN--RUINOUS MISGOVERNMENT 74 + + CHAPTER ELEVEN--THE WHITES AROUSED 84 + + CHAPTER TWELVE--THE KU KLUX KLAN 90 + + CHAPTER THIRTEEN--A MISCARRIAGE 99 + + CHAPTER FOURTEEN--A CONVENTION SUPPLEMENTS KU KLUX 104 + + CHAPTER FIFTEEN--FOILED THE KU KLUX 107 + + CHAPTER SIXTEEN--IN TUSCALOOSA 114 + + CHAPTER SEVENTEEN--A SERIES OF TRAGEDIES 116 + + CHAPTER EIGHTEEN--DISAPPEARANCE OF PRICE 124 + + CHAPTER NINETEEN--RIOTS IN MARENGO 127 + + CHAPTER TWENTY--KILLINGS AND RIOTING IN GREENE 132 + + CHAPTER TWENTY-ONE--RESTORATION OF WHITE SUPREMACY 148 + + + + +WHEN THE KU KLUX RODE + + + + +CHAPTER ONE + +PROVISIONAL GOVERNMENT + + +In a proclamation which issued on May 10, 1865, the president of the +United States declared the Civil War at an end. April 9, the date of +General Lee's surrender, was recognized as the date of the actual +termination of the war. On May 29, 1865, the president, by proclamation, +directed the restoration of seized private property, except "as to +slaves"; and on June 24, 1865, restored commercial intercourse between all +the states. + +Relying on the promises made by federal generals while Southern armies +were in the field; on the terms arranged between Generals Grant and Lee +and Sherman and Johnston when the Southern armies capitulated, and on the +proclamation of the president, the people of Alabama believed that as +soon as they could in the proper way repeal the ordinance of secession and +comply with other immediate requirements, Alabama and the people thereof +would be restored to their former coequal condition in the Union. + +The real issue of the war had been the right of the southern people to +renounce allegiance to and citizenship in the Union; in its triumph at +arms the United States sustained its contention that there could be no +such renunciation; and consequently the southern people laid down their +arms as citizens of the United States defeated in the attempt at +renunciation. The authorities at Washington could not fairly avoid this +conclusion, and certainly President Johnson reached it instantly. + +That there would be permitted prompt resumption of equal rights, except in +a few cases, was more than hoped for,--it was confidently expected; and +for some time there was no indication that there would be disappointment. + +President Johnson's attitude toward the southern states encouraged the +hope of speedy restoration of order and a large measure of prosperity. The +president was as generous as Lincoln would have been, had he survived the +conflict. In order that readers may clearly understand the situation as it +then existed, a brief explanation of President Johnson's attitude is +necessary here: + +Immediately following the surrender of the Confederate armies and the +declaration of peace, President Johnson formally stated his view of the +situation to be that the war had neither destroyed nor impaired the Union; +that the southern states had no right to withdraw from the compact, and +having failed by resort to arms to accomplish separation, they emerged +from the strife as they entered it, states and members of the Union, still +possessing their constitutions, laws and territorial boundaries as they +had been prior to the adoption of the ordinance of secession; that the +constitutions and laws of those states, however, must be suspended pending +unavoidable acceptance by the people of the fact that slavery having been +a stake in the struggle, the accomplished abolition of that institution +was irreversible; also, that debts contracted by the states during the war +should be repudiated; that with acquiescence in these requirements the +states should be restored to their former relations with the Union. He +therefore announced as his policy that while the southern states were +adjusting themselves to the change, provisional state governments should +be established as necessary and constitutional agencies; that the citizens +who were included in the proclamation of amnesty, together with those +who, having been leaders in the secession movement, were pardoned, should +participate in the work of restoration; that citizens of the states were +best entitled to fill the public offices, and should be appointed to them; +that the emancipated slaves were not qualified to take part in such work, +nor had the president of the United States power to confer upon them the +right of suffrage, because the determination of their political status was +a function of the states. + +In the light of subsequent events, there can be no doubt that President +Johnson's views and purposes were wise and statesmanlike, and had they +prevailed, the horrors caused by congressional enactments would not have +afflicted the people, nor would the relations between the races have +become unfriendly, as they did, and continue to be. But, unfortunately, +the embittered and aspiring leaders in Congress were planning at +cross-purposes with the president. His moderate and conservative course, +and scrupulous respect for his oath to support the Constitution, seemed +along in 1866 to have won popular favor; but his indiscreet expressions in +public addresses in western cities created hostility so strong that in the +congressional elections his enemies triumphed over him. By two-thirds +votes in Congress they nullified his vetoes of oppressive legislation; and +in 1868 the Senate reinstated Secretary of War Stanton, whom he had +during the previous year suspended from office. Out of this transaction +grew the unsuccessful attempt to impeach him. While this attempt failed, +the president's influence with his party was destroyed and he was +powerless to enforce his beneficent policies. + + + + +CHAPTER TWO + +NATIVE GOVERNMENT + + +But meanwhile, having announced his policy in reorganizing the southern +states, President Johnson in the summer of 1865 appointed Lewis E. +Parsons, of Talladega, provisional governor of the state of Alabama, and +that gentleman entered upon the discharge of his duties. There was popular +approval of the appointment. Parsons was a native of New York, but long a +resident and practicing lawyer in Talladega, an uncompromising Whig and +Union man, possessing fine abilities and much dignity. + +On July 20 Governor Parsons published a proclamation directing that an +election be held in each county on August 3 for delegates to a state +convention to assemble on September 12, 1865. Accordingly, intelligent and +patriotic delegates were chosen in all the counties, and the convention +met at the capitol in Montgomery, with Benjamin Fitzpatrick presiding. +That convention, dealing with the constitution, abolished the ordinance in +relation to the institution of slavery, declared null and void the +ordinance of secession and other ordinances and proceedings of the +convention of 1861; adopted ordinances repudiating the war debt, and +provided for an election for state, county and municipal officers and +members of Congress, and assembling of the legislature on the third Monday +in November, 1865. The convention then adjourned, subject to call of the +presiding officer. + +Worthy of note here is the fact that Alabama, in its sovereignty, and +represented by some of its best citizens, abolished slavery within its +borders. Alexander White, who subsequently was among the first to adopt +"the new departure" (acquiescence in all the measures of reconstruction), +was the only delegate in the convention who voted against the proposition +to make abolition of slavery constitutional; but outside the convention, +Governor Parsons and Samuel Rice, also to become "new departurists," +concurred with him; while General Clanton, who was the wise and fearless +leader of the Democratic party from its reorganization until the day of +his tragic death, advocated both that measure and the extension of civil +rights to the negroes. + +And also worthy of note is the fact that Judge Brooks, of Selma, judge +Goldthwaite, of Montgomery, and others of unquestioned loyalty to their +people, shortly after in the legislature advocated qualified suffrage for +negroes. This was prior to the advent of carpetbaggers and organization in +Alabama of the Republican party. + +Under this authority, an election was held, and the legislature then +elected assembled on November 20, 1865, and ratified the amendments to the +federal Constitution, excepting the fourteenth. That was regarded as +equivalent to a bill of attainder, depriving vast numbers of the rights of +citizenship without trial. The legislature comprised a majority of men who +had been anti-secessionists--the senate at least two-thirds; but they had +held offices before the war and served the Confederate government. The +legislature rejected the fourteenth amendment; its adoption would have +been political suicide for the members. It enacted a law to protect +freedmen in Alabama in their rights of person and property. The federal +authorities were duly notified of the proceedings, and on December 18, +1865, Governor Parsons received from Secretary of State Seward a telegram +saying that "in the judgment of the president the time had arrived when +the care and conduct of the affairs of Alabama could be remitted to the +constitutional authorities chosen by the people thereof without danger to +the peace and safety of the United States", and directing him to transfer +to his excellency the governor of Alabama, the papers and property in his +hands. Accordingly, on December 10, 1865, Robert M. Patton, of Lauderdale, +was inaugurated governor, and Parsons retired. + +(Patton was a Virginian, long settled as a merchant in northern Alabama. +As a Whig, he had served in both houses of the legislature and become +president of the senate. In the election of 1865, he defeated Colonel M. +J. Bulger. He was intelligent and painstaking in the discharge of duties. +Patton continued in the office of governor until 1868, several months +beyond the full term, pending action by Congress respecting the results of +the election of that year, when he was displaced by operation of the +reconstruction acts. During his incumbency a federal military commander, +supported by soldiers stationed in the capitol, supervised all of his +appointments and official acts.) + +As evidence of confidence, the legislature elected former Governor Parsons +United States senator for the term ending March 3, 1871. At the same time, +it chose George S. Houstan for the term ending March 3, 1867, and John +Anthony Winston for the term of six years, commencing March 4, 1867. + +At the election in November, 1865, C. C. Langdon was elected to Congress +from the first district: George C. Freemen, from the second; Cullen A. +Battle, from the third; Joseph W. Taylor, from the fourth; Burwell T. +Pope, from the fifth, and Thomas J. Foster, from the sixth. + +Then came early rumblings of the storm that was soon to break. These +chosen men were not permitted to take their seats as representatives, and +the state was not represented in Congress until 1868. + + + + +CHAPTER THREE + +MILITARY GOVERNMENT + + +March 2, 1867, after two years of peace, Congress passed over President +Johnson's veto a bill relegating the southern states to the condition of +conquered provinces. A military commander was appointed and authorized to +supersede civil and judicial tribunals by military courts of his own +creation, with power to inflict usual punishments, excepting only death. + +This act was supplemented with another, of July 13, forbidding state +authorities to interfere with the military commander, who was given the +additional power to displace any official and appoint his successor. This +act provided that military rule should cease within a state when a +convention of the people thereof should frame, and the voters adopt, a +constitution ratifying the amendment to the federal Constitution which +conferred the suffrage on negroes, and being otherwise acceptable to +Congress, and when the legislature also should ratify that amendment. + +The new constitution was to be framed by delegates to be chosen by votes +of all male citizens of legal age, excepting those disfranchised by the +fourteenth amendment; and it was to be ratified by an affirmative vote of +a majority of voters registered under the supervision of the military +commander and his subalterns. + +Under the reconstruction acts of 1867, in April of that year, Alabama +became a part of the department comprising, with itself, the states of +Georgia and Florida. The military commander called a convention to frame a +constitution. At the election for delegates the polls were kept open for +five days. The whites held aloof from it. The gathering of delegates thus +elected was stigmatized as "the carpetbaggers' convention." The men who +composed it and framed the constitution were in many cases grossly corrupt +and ignorant. + +As an illustration of the character of the men sent to the convention, +Samuel Hale, a brother of United States Senator Hale, one of the few Union +men and later Republicans resident in Sumter county, wrote Senator Wilson +in January, 1868, a letter protesting against recognition by Congress of +radicals in the south, in which he said that the men who sat in the +convention and framed the constitution were, "so far as I am acquainted +with them, worthless vagabonds, homeless, houseless, drunken knaves"; +that the Sumter delegates were a negro and two whites--Yordy and Rolfe. +Rolfe, he said, left his family in New York and had not seen them for four +years, during which period he had led an immoral life with negroes; that +he was known as the "Hero of Two Shirts," having left at a hotel in Selma, +as security for an unpaid hotel bill, his carpetbag containing only two +shirts: that his name was not signed to the constitution which he helped +to frame because he was too drunk to write it. These men and Hays and +Price, all strangers, were the only white men in Sumter county who took +part in the election for delegates. As an early indication of future +leadership, at that election Price ordered the negroes to secure their +arms and prevent expulsion from the booth of one of their members who was +vauntingly flourishing a gun. Only intervention by cool-headed whites +prevented trouble. Mr. Hale, in the letter quoted from, stigmatized the +election thus: "As shameless a fraud as was ever perpetrated upon the face +of the earth." + +Rolfe and Hays were wheelwrights, but their talents found employment in +more lucrative occupations. Rolfe's first "get-rich-quick" scheme was the +selling to negroes of badges, which he said he was engaged in by order of +General Grant. + +While agent of the Freedmen's Bureau Hays defrauded negroes of a thousand +dollars derived from sales of cotton with which they had entrusted him. +That was his disappearing act. + +That convention deprived of the right to vote all men who were proscribed +by the fourteenth amendment from holding office. + +The constitution framed called for an election in February, 1868, to which +it was to be submitted for ratification, and at which time officers were +to be elected. It was submitted under a solemn congressional provision +that if it should not receive in its favor the ballots of a majority of +the registered voters, it was to be considered as rejected. + +The Democratic convention of 1865 entrusted to the party's state executive +committee, of which General James H. Clanton was chairman, all matters of +policy. When the military order for the convention issued, General Clanton +called into council with the executive committee one hundred of the +leading men of the state. After deliberation, they concluded that the +wisest course for the party to pursue would be to go to the polls and +endeavor to defeat the constitution, but, in view of the possibility of +failure in this, to place candidates in the field, to be voted for under +it. Having agreed on this policy, the council was about to adjourn, when +the chairman received from ex-Governor Parsons, who was the accredited +agent in Washington of the Democratic party, a dispatch, saying: + +"I am on my way to Montgomery; will be there to-night. Don't adjourn your +convention; don't act till I get there." + +The council waited, and the former governor arrived and delivered a +speech, in which he uttered the memorable sentence: + +"So far as the reconstruction measures are concerned, and this +constitution, touch not, taste not, handle not the unclean thing." + +He said that this was in accordance with the advice of President Johnson. +Messrs. Samuel Rice and Alexander White supported the ex-governor, and the +council was persuaded to reverse its decision and advise the voters to +refrain from taking any part in the election. Mr. White prepared the +address to the voters. + +Accordingly, the Democratic voters abstained from voting, and only one +Democratic state senator was elected, and he was not endorsed. Negroes in +battalions, armed with muskets and stepping to the beat of drums, marched +to the polls, stacked arms, placed guards about them, and cast their +ballots for the constitution and their candidates. + +The registration of voters for the election of 1868 was under military +supervision and regulation. Registration was kept open at polling places +up to and including time of election. The registers of voters and election +officers were appointed by military officers, and nearly every register +was a candidate for office. He was given power to reject any applicant for +registration. Soldiers were present at all polling places to enforce the +regulations, which forbade the challenging of illegal voters: citizens +were forbidden under severe penalties to warn election judges or expose +the fact even if they should see a non-resident or minor or repeater offer +to deposit a ballot. Voters were permitted to cast their ballots at any +precinct in the county. Negroes were eligible to all offices. + +The returns of the election disclosed the fact that the majority of the +registered voters had abstained from participation in the election, and +hence the constitution was not adopted by the people--according to the +declaration of the military authorities, lacking 8,000 of the requisite +number of votes. In view of this authoritative declaration, the radical +candidates did not claim the offices to which they had aspired, and the +incumbents for the time being were not disturbed. But, to the amazement of +the people and its own dishonor, Congress in June, 1868, accepted the +constitution as ratified by the people, and recognized the candidates as +elected officers, and in July they were installed by military power, the +former officers retiring under protest. + +In order that the reader may understand the situation and how poorly +prepared were the people for such a reign, we must go back to the +beginning and note other occurrences which had a direct bearing on that +situation. + + + + +CHAPTER FOUR + +A GRAVE PROBLEM + + +At the termination of the war between the sections, the southern people +had thrust upon them for solution the gravest and most difficult problem +with which the white race on this continent was ever perplexed,--how to +preserve their civilization with the government operating in opposition to +their efforts. + +After four years of warfare, the south was prostrate before the victorious +people of the north, whose armies were quartered in garrisons everywhere +in the surrendered territory, to enforce with arms, if necessary, whatever +oppressive and humiliating measures might be conceived in hatred and +vengeance by fanatics whose intolerance had made the bloody conflict +irrepressible, and who were determined to extend and perpetuate the +political power gained by conquest. The means adopted were enfranchisement +of the emancipated slaves and disfranchisement of all white men who had at +all distinguished themselves as leaders, while extending favors to those +who would ally themselves with the oppressors and betray their countrymen. + +The difficulties of the situation in which the defeated southerners were +placed were appalling. Naught of the former wealth of the country was left +save the land--which in the disorganized state of labor was almost a +burden to the possessors--and some cotton which had accumulated because +exportation was prevented by the blockade of the ports; and upon this the +federal government imposed an unconstitutional tax of three cents a pound. +Farm implements were crude and scarce; the necessities of the Confederate +government in its expiring struggles had stripped the country of the best +of the draft and food animals; in the Black Belt there were no factories; +development of transportation had been checked in its incipiency; +education was almost abandoned, and the civil laws suspended. Everything +had to be organized or reorganized. + +Cotton was one of the principal resources left to the people at the close +of the war. In great demand and readily convertible into money at prices +ranging from fifty cents a pound upward, and in considerable quantities, +it would have furnished means for a "fresh start" had the people been +permitted to hold it in undisputed possession; but the government +begrudged even this remnant of lost fortunes. Unfortunately, during the +war agents of the Confederacy from time to time contracted for quantities +of cotton, to be paid for in bonds, but in most cases there had been no +actual transfer of either bonds or cotton, and the latter remained on the +plantations. After the surrender of General Taylor to General Canby, the +federal commander promulgated an order requiring all persons who held such +cotton to surrender it to the United States agents, under penalty of +confiscation of their property. The military authorities claimed this +cotton as a prize of war, and treasury agents--some of them fictitious, as +afterward proven--were soon ranging the country in search for it. The +holders believed that the question of ownership was at least debatable. +Prior to the surrender, the Confederate government, fearing that federal +raiders would seize the cotton, ordered that it be destroyed by the +holders; but the authority of that government was not then potent, and the +planters, instead of obeying the order, conveyed the bales to places of +concealment in swamps and elsewhere, and believed that this act confirmed +their claim to ownership. Some of the cotton was thus concealed when the +agents began their search. The order of seizure was subsequently so +modified as to permit the original holders to claim one-fourth of the +cotton as compensation for caretaking. Very few took advantage of this +concession; and, indeed, the greedy agents actually suppressed the order +for months while the seizures were in progress. Attorneys who contested +before military tribunals the right of seizure argued that, by reason of +non-delivery, sales to the Confederate government had not been completed, +and that the federal government had no right to capture the cotton after +final surrender of the Confederate armies; but in some instances these +attorneys were arrested and threatened with imprisonment unless they +abated their zeal in behalf of clients. + +There was in resulting evil practices a touch of picturesqueness. The +unconquered and unconquerable veterans of the vanquished southern armies, +in many instances impoverished, were ripe for any enterprise which +promised congenial adventure and spoils which they regarded as legitimate. +The agents went about supported by federal troops, and many were the +clashes between the latter and so-called guerrilla bands composed of their +late antagonists on other and more glorious fields. These bands were +actuated by the conviction that the Confederate government having had no +clear title to ownership of the cotton, the conquerors succeeded to none; +and so they took up the contest where the intimidated attorneys dropped +it, and contested with the agents and their armed supporters. These +agents were well supplied with army teams and wagons, and often these, +falling into the hands of the "guerrillas," served the captors as a +convenient means of transportation of booty. Yet, it sometimes happened +that the guerrillas were the captives, and when in the toils were in sore +straits to raise the ransom which was exacted in lieu of arrest and +arraignment for trial. Even steamboats were hauled to and relieved of +cargoes. That was the golden era for steamboatmen, when freight charges +and salaries, especially of pilots, were phenomenal. + +These transactions soon degenerated into plunder pure and simple, +involving private cotton to which the government could lay no sort of +claim. + +Perhaps there had been collusion between holders of "Confederate" cotton +and the raiding bands which seized and bore it off; anyhow, the inevitable +effect was that unscrupulous men, taking advantage of popular tolerance of +practices which originally sprang from patriotic impulses, disregarded +private rights and indiscriminately stole. Planters paid for guards as +high as thirty dollars each per night at critical times. Men who were +unaccustomed to the command of money grew rich in a brief space and +correspondingly lavish in their expenditures. Extravagance and +demoralization which left their enduring impress ensued. Admissions were +made in high quarters in after years that not one-tenth of the proceeds of +cotton seized by agents ever went into the treasury of the United States. +One example will suffice: An agent in Demopolis claimed and was allowed +for four months' services, on the basis of one-fourth of the cotton seized +by him, $80,000; and the settlement was between him and military +authorities who were quite as adept as he in the art of pilfering. Thus in +a time of stress the producers were despoiled and adventurers enriched by +the ungenerous policy of the victorious government. + + * * * * * + +The following facts are gathered from evidence taken before the committee +in Congress in the investigation as to General Howard: + +At the close of the war there were held in the south at least five million +bales of cotton, worth in Liverpool $500,000,000. Only a fraction of this +cotton was owned by the Confederate states government, and this was turned +over to General E. R. S. Canby by General E. Kirby Smith on May 24, 1865. +Besides the swarm of official agents, informers and spies sent down by the +Treasury Department in search of Confederate cotton, contracts were made +with private individuals to engage in the work. Much cotton was taken from +plantations before the owners returned to their homes after the +disbandment of the armies. Seizures were indiscriminate. Proof of private +ownership had to be supported by tender of toll; there was no redress. + +A Treasury Department regulation required that all cotton seized in the +Atlantic and Gulf states should be shipped to Simon Draper, United States +cotton agent in New York City; and that seized on the upper Mississippi +river and in northern Georgia and northern Alabama to William P. Mellen, +agent in Cincinnati. These agents sold by samples which were spurious and +inferior to the cotton which they represented. Accordingly, cotton worth +sixty cents to one dollar per pound was sold for ten to fifteen cents. The +purchasers were in collusion with the agent. By the system of "plucking," +the weight of bales was reduced anywhere from one hundred to two hundred +pounds before they were sold: the plucked cotton was termed "waste +cotton," packed and sold as "trash" to mills, but not at trash prices. +These terms figured only in the reports to the department. Sometimes +owners traced stolen cotton to the New York or Cincinnati agency; and if a +thousand bales were involved, the agent reported that only two hundred had +been received, and of very inferior quality, and was sold for ten or +fifteen cents per pound, which his books would prove; that +transportation, storage and commissions left only a small sum. Draper, +when he became cotton agent, was a bankrupt. Subsequently he settled his +debts and when he died was a multimillionaire. Fifty million dollars' +worth of cotton was shipped to Draper; the government derived only +$15,000,000 net from that source as the reward for the wrong which it had +committed in entrusting the enforcement of its doubtful claim against the +impoverished southern people to dishonest and unscrupulous agents. + +The Confederate States government imposed a tax in kind upon all +provisions produced on plantations--one-tenth. The first year after the +war this tax was enforced in some isolated sections by orders of minor +military officers, and collected by agents. Of course this was fraudulent, +and was stopped after a while. + + + + +CHAPTER FIVE + +THE FREEDMEN'S BUREAU + + +Meanwhile, the Freedmen's Bureau had been established. General Swayne +promulgated an order recognizing as agents of the bureau former civil +magistrates who could and would obtain endorsement of negroes; but, as a +rule, carpetbaggers filled the places. Offices were opened at the county +seats, where complaints of freedmen were lodged and investigations +conducted. The agents prescribed a uniform division of products of the +soil between planters and hands. They supervised all contracts and +regulated the conduct of affairs between employer and employe, and their +dicta were absolute and final, being enforced, if necessary, by soldiers +of the garrison. + +The agents gave notice that nobody would be allowed to employ freedmen +unless the contracts were submitted to and approved by them and left in +their custody. They gave ear to any tale of complaining freedmen, arrested +the white man complained of, tried and punished him, unless he proved +willing to purchase immunity. Sometimes after the planter had contracted +in the prescribed manner with freedmen, and had his crops in process of +cultivation, the hands would quit work, and only intervention by the agent +would make them return. Such intervention cost as high as ten dollars per +hand, and the occasion for it might recur before the crops could be +gathered. Some of the agents secured plantations and used them as refuges +for dissatisfied freedmen, who were fed and clothed. + +The agents were as a rule "fanatics without character or responsibility, +and were selected as fit instruments to execute the partisan and +unconstitutional behests of a most unscrupulous head." (Senator Beck, in +an official report.) Some of them were preachers, and had been selected as +being the most devout, zealous and loyal of a certain religious sect. In +league meetings they told the negroes that although they had been married +according to plantation custom for many years, they must procure licenses +and be remarried. Thus they made large sums in fees, in many instances +from old couples who had grandchildren and great-grandchildren. + +All of this was humiliating and irritating to the planters, but submitted +to so long as the agents confined their activities to legitimate +functions. But they soon became mischievously meddlesome, and discovered +in their powers means for promoting their political fortunes. + +As a body, the negroes had been conducting themselves with propriety, and +good feeling prevailed. Their greatest delight was in the dignity of +unaccustomed surnames, duster coats, gauntlet gloves, albums, clocks and +other wares, with which enterprising northern peddlers tempted them. Their +childish delight in these novel possessions for a while filled the measure +of their happiness. But some of them who had been following armies +contracted nomadic habits; others were incapable of rational exercise of +their novel privileges, and became disturbers of the peace. Their +depredations soon rendered stock raising impracticable. Every plantation +had a gin-house, and these houses, with their valuable contents, were +exposed to incendiaries seeking revenge for real or fancied grievances, +and many were destroyed. Men with the "easy money" acquired during the +period of cotton stealing set up crossroad stores at every available point +and dispensed vile whiskey in barter for bags of loose cotton and corn, +ostensibly the "shares" of those offering them, but really often stolen +from lint rooms and cribs, and even from the ungarnered crops in the +fields. These traders did an immense business, many of them setting up +gins and baling screws. The existing "sundown and sunrise" law was enacted +to destroy this nefarious traffic. It prohibited the sale of farm products +between sunset and sunrise. + + + + +CHAPTER SIX + +MILITARY REGULATIONS + + +Another cause of irritation was the offensive conduct of soldiers +composing the garrisons, which provoked collisions with the more impetuous +citizens. In 1865 the federal soldiers in Tuscaloosa, Greensboro, Eutaw +and other towns subjected the people to very offensive regulations. Only a +few examples need be mentioned as exhibiting the temper of both sides: The +former soldiers of the Confederacy, having no means with which to +replenish their wardrobes, wore their uniforms. The federals threatened, +and sometimes attempted, to cut the buttons from the old gray coats, and +the proud wearers were forced to resort to the expedient of covering them +with thin cloth rather than let them serve as a pretext for insults. Flags +were stretched across the sidewalks, so that pedestrians would have to +pass under them. To defeat the obvious purpose, men and women, in going +about, resorted to the roadway or diverged from the sidewalks at points +where the flags were placed. In some instances these unwilling and +protesting people were seized and forced under the flags. These and other +practices, devised to provoke the people to exhibitions of hostility, +caused severe smarting. Perhaps many young men who had received war +schooling were not reluctant to encounter their former antagonists. + +A memorable tragedy, with annoying consequences, resulted from such an +encounter. August 31, 1865, election day, the brothers Tom and Toode +Cowan, formerly heroic members of Forrest's cavalry, became involved in a +controversy with a squad of soldiers of the garrison in Greensboro; in the +resulting affray pistols were used; the younger Cowan killed one of the +soldiers, while his brother dangerously wounded another. The slayer +mounted a horse and escaped, but the intrepid Tom scorned flight and +yielded only to overpowering numbers. Intense excitement prevailed; the +enraged soldiers sprang to arms, seized Cowan, and, defying their +officers, prepared to hang the prisoner. At the critical moment came a +message from the wounded man, generously acknowledging he was the +aggressor and pleading for a fair trial for Cowan. This appeased the +military mob and the prisoner was locked up. That night squads of cavalry +roamed the country, ostensibly seeking the fugitive, but really to disarm +and arrest the planters. Mr. Cowan was tried and acquitted. His brother +was not apprehended. + +In some cases the soldiers were insubordinate and manifested hostility to +the people. One notable example in illustration is recalled: During the +hours of darkness soldiers burned the Episcopal church in Demopolis. Some +of them were detected with articles stolen from the sacred edifice, and +the colonel was requested to have the impious robbers arrested. That +officer declined to make the order, because the guilty men were dangerous +characters and would seek revenge if called to account. Indeed, they +threatened that when transferred from Demopolis they would set fire to the +town. To prevent the execution of this purpose, another colonel was +substituted for the commander of the regiment, and he placed sentinels +around the quarters and marched the men away in ignorance of the fact that +it was their final departure. + +In Greensboro, in 1867, was enacted another regrettable tragedy, the +attendant circumstances of which intensified the growing hostility between +the races. John C. Orick shot and killed Aleck Webb, negro register of +voters. The shooting occurred in daylight and on one of the principal +sidewalks. Orick calmly retired from the scene, locked the doors of his +store, and in disguise fled the town. + +Orick was a bold, dashing and handsome young man who had won enviable +laurels in the war. When hardly more than a boy, his adventurous spirit +impelled him to leave home without parental consent and attach himself to +Colonel Mosby's command. One of his achievements is worthy of mention +here: As an "observer" he visited Baltimore and Washington, and in the +latter city ascertained the time of departure of the army pay train on the +Baltimore and Ohio railroad. Reporting to his commander the valuable +information he had acquired, successful plans were formed for the capture +of the train by Mosby's command. With his share of the booty obtained in +this enterprise, Orick, after the final surrender, purchased a stock of +goods and established himself in business in Greensboro. + +The negroes of the town and vicinity bitterly resented the killing of +Webb, and during the night large bands of them roamed the surrounding +country, avowedly seeking the slayer, but really bent on any mischief for +which opportunity might offer. One band went to the Gewin premises. A +young man, a member of the family, in his night clothes and barefooted, +was encountered in the yard. Seeing that the marauders intercepted retreat +to the house, Gewin fled to the woods, hotly pursued. After a chase which +extended for a mile, over rough fields and woods, the fleeing man was +overhauled, tied to the bare back of a horse and conveyed to the office of +Dr. Blackford, in Greensboro. After a lengthy parley, his friends secured +his release. + +At dusk the town was thronged with infuriated armed negroes, who +threatened to apply the torch. After some of the leading citizens had +vainly expostulated with them, the whites armed themselves and prepared to +expel them by force; but when Gewin was released, the negroes retired, +sullenly, and a clash was averted. + +The Gewin family and its connections comprised a considerable number of +brave and resolute men, of remarkably fine physique, and they and their +friends were indignant with Blackford, the probate judge, because of the +suspicion that he had directed the negroes who committed the outrage,--a +suspicion justified by the fact that Gewin was conveyed to Blackford's +office. Everybody sympathized with them. It was said that Blackford told +the negroes they should avenge the killing of Webb, and that he instigated +the incendiary threats, and he was thenceforward regarded as a factor of +disturbance in the community. + +As a result of these occurrences, an organization was formed in Greensboro +for public defense, and arms were obtained. The members were, in event of +necessity, to assemble at the ringing of a certain bell, and a rendezvous +was selected. No oath was required of the members. + +The first attempt to enforce the flag regulation in the case of a woman, +in Tuscaloosa, was the last. Intrepid Ryland Randolph, editor of the +_Monitor_, in uncontrollable indignation seized a sabre and in person +challenged the responsible commander to mortal combat. Declining the +proposed close encounter, that official thenceforward was more circumspect +in his conduct. + +The story of Randolph's career is an interesting part of the history of +Tuscaloosa. As an editor, he was belligerent, and relentless in his +denunciation of radical maladministration of public affairs. So effective +was his hostility that publication of his paper (official organ of the Ku +Klux) was suppressed by military order. He accepted a challenge to a duel +provoked by attacks upon the chief justice of the state supreme court, +addressed to him by the judge's son-in-law; but on the field mutual +friends effected an amicable and honorable settlement. + +A less dignified encounter involved him in more serious difficulties. +Opposite the _Monitor_ office a number of negroes were assembled one day, +and two of them assaulted a white man. Suddenly Randolph, with pistol and +bowie-knife in hand, appeared in the midst of the struggling throng. One +shot was fired by him, when he, in turn, became the object of attack. One +of the assailants, a political leader, received in his side a thrust from +Randolph's bowie, and another in the back, where the broken point of the +knife remained. Within a few minutes the prostrate leader was the only one +who remained on the scene. But the negroes, with augmented numbers, +reassembled a short distance away. Randolph returned to his office and +reappeared with a shotgun. His dauntless bearing discouraged further +hostile demonstration by the blacks. In consequence of this affair, +Randolph was arrested by the soldiers and taken to Montgomery for trial. +En route, by stage-coach, he was made a spectacle for gloating negroes. He +was acquitted, and his return was made an occasion of popular +manifestation of esteem. A cavalcade met him some miles outside of +Tuscaloosa, and on nearer approach to town was magnified into a vast +procession of carriages and marchers, embracing men and women and school +children. The procession moved to the sound of bells. A great meeting, +with speechmaking, followed. + +At that time the University of Alabama, at Tuscaloosa, was controlled by +the radicals and boycotted by the whites. A brother of Governor Smith was +a regent of the institution, and this regent's son a student. One of the +professors, Vaughan, had been persistently assailed by the _Monitor_, +which charged him with incompetence and drunkenness. It was said that +Vaughan enlisted Smith as a champion. Anyhow, the two sought Randolph on +the streets and found him in conversation with a friend. While Vaughan +stood some distance away, Smith approached Randolph and insultingly +jostled him. Simultaneously and without hesitation, the two men drew +pistols and began firing, each discharging five chambers of his revolver. +One shot struck a thick book in Randolph's coat pocket and lodged therein; +another struck above the knee and ranged up the thigh, his leg being +crooked at the moment. This shot necessitated amputation of the injured +limb. An innocent bystander on the opposite side of the street was killed +by a stray bullet. Smith and Vaughan were arrested. The former was rescued +by fellow students and fled to Utah. + +Randolph survived the reconstruction period and enjoyed the restoration of +white supremacy. He died in 1903 from the effects of a fall in a +streetcar. + +An incident of the military régime in Eutaw early embittered relations +between the people and their rulers. An "undesirable citizen" was given a +ride on a rail. In the court martial trial of the accused, James A. +Steele, Thomas W. Roberts, F. H. Mundy, John Cullen, Hugh L. White, +William Pettigrew and Mr. Strayhorn were sentenced to hard labor at Dry +Tortugas for periods ranging from two to six years. The circumstances +attending their treatment as prisoners exhibited harshness which aroused +indignation. Handcuffed and chained, they were conveyed by a squad to New +Orleans and thence by sea to the island prison. They were not permitted to +communicate with their families or friends nor to receive funds to relieve +their wants. Their sufferings and indignities were severe and humiliating. +An appeal in their behalf, with a presentation of the facts connected with +the trial, was made to General Meade, and that commander remitted the +sentence. The return of the victims to their homes was made the occasion +of a memorable demonstration of popular feeling. + + + + +CHAPTER SEVEN + +THE UNION LEAGUE + + +In pursuance of their schemes which culminated at the election in 1868, +the carpetbag adventurers early in 1867 organized everywhere in Alabama +branches of the Union League, a secret, oathbound political society, with +all the mysticism of grips, signs, signals and passwords, national in +scope, with grand national and grand state councils. Secrecy and obedience +to commands were enjoined under severest penalties, including even death. +Their meeting places were guarded by armed sentinels. The negro members +were taught to disregard the feelings and interests of the whites, and +told that if their former masters should obtain control of the government, +they would re-enslave them; and this was an irresistible appeal to +ignorant people enjoying the first delights of release from bondage. On +the other hand, they were promised that if the Republicans should gain +control, they would enact such oppressive tax laws that the landowners +would be unable to meet the exactions, and consequently their lands would +be forfeited; after which the Republicans would allot them in parcels of +forty acres, together with a mule, to each head of a negro family resident +thereon; they were told, further, that, in order to facilitate and +expedite this process of confiscation and apportionment, they should +slight their work and thus increase the difficulties under which their +former masters would have to struggle to save their properties from +spoliation. The student of history should not be harsh in judgment of the +negro because of his susceptibility to a lure so enticing. He was +ignorant, and regarded every pretentious white stranger as one of that +great army which had liberated him from bondage. + +Serious as was the situation, it was not without amusement in its +demonstration of the negro's gullibility. A bogus "land agent" circulated +slips conveying directions regarding "preëmption of homesteads," and the +credulous negroes bought them, and, besides, painted sticks with pointed +ends to be driven into the ground to mark their boundaries; they also +purchased chances in a sort of lottery for the distribution of parcels of +land. All of these were sold under alleged authority received from the +government at Washington, all dependent on the success of the Republican +party. + +By request of President Johnson, General Grant in 1865 made a tour of the +southern states, to learn the feelings and intentions of the people and to +ascertain to what extent, in the interest of economy, the military forces +there could be reduced. He reported that white troops excited no +opposition: thinking men would offer no violence to them. But black troops +demoralized labor, "and the late slaves seem to be infused with the idea +that the property of their late masters should by right belong to them, or +at least should have no protection from the colored soldiers. There is +danger of collision being brought by such causes." + +The so-called abandoned lands on the coast of South Carolina and +Georgia--lands from which whites had fled to escape dangers of the +war--were actually seized and colonized with wandering negroes, though the +lands were afterward restored to the owners. The germ of the "forty acres +and a mule" idea, no doubt, originated in those colonies. The idea was of +early conception, as the Grant report shows. + +The first annoyances caused by the league were the neglect of field work +by negroes in order to attend political meetings in daylight, and taking +hard-worked mules from lots at night and riding them to league meetings. +But in the course of time the organization assumed a military aspect, +drilling regularly. Bodies appeared in procession, in regular company +order, with arms, banners, drums and fifes, the officers wearing +side-arms. At the election they were met outside the towns by emissaries +and furnished with tickets, and then proceeded to the polling places and +deposited them as directed. All of this appealed to the negroes' taste for +novelty and spectacle. + + + + +CHAPTER EIGHT + +A REPUBLICAN BLUNDER + + +This narrative is now brought again to the point at which it digressed, +the election on the constitution, but before resuming that subject a few +words of comment here will not be out of place. + +The perfidy of Congress in imposing upon the people of Alabama, in +violation of its own solemn covenant, a constitution which they had +rejected in a lawful manner, was a blunder fatal to the future influence +of the Republican party in Alabama. The fourteenth amendment had already +injured the party because of its application to great numbers of men who +might have allied themselves with it if they had not been involved in the +proscription. They had opposed secession as long as there was any reason +in opposition, and then reluctantly adapted themselves to the situation. +Jefferson Davis had been in prison, demanding trial and ready to abide the +result; he was discharged, and the proceedings looking to personal +punishment abandoned. Other leaders, including Admiral Semmes, "the +pirate," as he was termed in intensity of hatred, were at their homes, +pursuing the vocations of peace and ready to try the issue. The excuse for +abandoning the prosecution was that, the fourteenth amendment having +imposed the penalty of deprivation of citizen rights, the courts could not +inflict other punishment. + +Thus, the men who had, at the cost of popular good will and private +friendship, opposed with all their abilities severance of the Union were +equally subject to a penalty deemed adequate for "the arch traitor" and +"the pirate," so called. + +Then, there were thousands of men in northern Alabama not subject to the +proscription, who were nursing the grievance that Democrats had +precipitated secession without permitting the people to vote on the +ordinance. They believed that, had it been submitted, it would have been +defeated. Northern Alabama was so loyal to the Union that leaders there +proposed separation of that section at the line of the mountains, and that +its people organize and "fight it out" in the foothills. But the +promptness with which the Confederate authorities organized the military +forces discouraged such a project. The strong resentment of the summary +accomplishment of secession was rendered bitter by conscription laws. +Sections of the mountains in which drastic measures were necessary to +enforce those laws became easy recruiting grounds for the federal army. +It is recorded that 2,700 men from Walker, Winston and Fayette counties +enlisted in one federal command. North Alabama was more than once occupied +by contending armies, and partisan organizations embittered the contest. + +In central and southern Alabama were many Whigs and Union men who had no +liking for the Democratic party. + +In this state of affairs, convinced that not many of the proud +Confederates would sue for relief from fourteenth amendment disabilities, +and that the constitution which disqualified thousands of white voters +would perpetuate negro supremacy in Alabama, the Republican leaders in +Congress committed a wrong which to this day bears heavily upon their +party. + + + + +CHAPTER NINE + +CARPETBAG GOVERNMENT + + +The negroes had exercised without hindrance their new privilege of the +suffrage. Their incapacity as voters was illustrated in the character of +the men who assumed office after the election in 1868. + +In Sumter county, Tobias Lane was elected probate judge, but during the +period of uncertainty when the constitution was in abeyance, concluding +that congressional action respecting it would be unfavorable, he packed +his carpetbag and returned to Ohio, having been one of the migrants from +that state, so prolific of birds of his feather. + +Beville, the sheriff, was an appointee of General Swayne. He was unable to +give bond, but Swayne waived that formality and ordered him to continue in +office without bond. In 1868 Richard Harris, a negro, who could neither +read nor write, became his worthy successor. + +As solicitor the discriminating voters chose Ben Bardwell, a negro, who +was wholly deficient in the knowledge of reading and writing, a +deficiency which made him "an easy mark" for one of the most learned bars +in the state. + +George Houston, a freedman, was sent to the lower house of the +legislature. As his colleague Ben Inge, another "person of color," +absolutely illiterate, was selected. + +An army captain, one Yordy, received the state senatorial honors, which he +wore while serving Uncle Sam in the custom house at Mobile. He was a +long-distance representative, having no domicile in Sumter, nor ever +making his appearance there. + +John B. Cecil, reputed federal army sutler and coming with the influx from +fecund Ohio, was elected treasurer. He gradually and logically degenerated +into a partnership with a negro in a grog-shop enterprise. + +Badger, another bird of passage, became tax assessor. The revenue and road +commission was a motley aggregation which comprised one carpetbagger and +three negroes. + +Edward Herndon, a native Union man, by grace of appointment and election, +simultaneously devoted his talents to the offices of circuit clerk, +register in chancery, notary public, justice of the peace, keeper of the +poorhouse and guardian _ad litem_,--and perhaps felt aggrieved that he +didn't have "all that was coming to him." + +It would seem that, with this multiplicity of trusts, Mr. Herndon +monopolized the privilege of plurality in office holding; but not so, for +Mr. Daniel Price, a typical scalawag, with the reputation of a jailbird +and desperado, made flight from Wetumpka to Sumter, and was endowed with a +bunch of federal and county jobs,--register of voters, superintendent of +education, postmaster and census taker. Insatiable, like Oliver Twist he +wanted more, and as a side line to his multifarious activities, employed +his scholarly attainments in the conduct of a negro school, meanwhile +boarding and associating with negroes. + +The harmony of the "color scheme" of the official colony in Perry county, +adjoining Hale county, was never broken by a trace of the ebony hue. + +Without exception, all of the county offices were held by carpetbaggers, +officers of the 8th Wisconsin regiment, originally sent on garrison duty. +Their characters are illustrated by the fact that, under the guise of +selling properties which they had acquired in the county, all of them sold +their offices in the time of political regeneration and betook themselves +to the north. During Lindsay's administration the sheriff, charged with +conniving at the escape from jail of a prisoner incarcerated for murder, +sold his job for $1,500. Democrats succeeded the aliens. + +In Marengo county there were more places than "loyal and reconstructed" +place-seekers, and consequently Charles L. Drake, who made his advent in +1866 as an army captain, was burdened with the cares and responsibilities +of register in chancery, circuit clerk, United States commissioner and +agent of the Freedmen's Bureau; yet had time for political activity which +made him especially obnoxious. + +Another conspicuous character in Marengo was one Burton, a carpetbagger, +who established in Demopolis a weekly newspaper, _The Southern +Republican_. He had incorporated in the oppressive tax laws a provision +that where a deed was made to a purchaser at a tax sale, it should be made +conclusive evidence, whether the sale was legal or illegal, that all +requisites to a valid sale had been complied with. In order to increase +the advertising, a section of land was divided into sixteen parts and each +part advertised separately. Legal advertising was confined to "loyal" +papers, the test of loyalty being allegiance to the Radical party. _The +Southern Republican_, being the only loyal paper in all that +unreconstructed region, was designated as the official organ of Marengo, +Greene, Perry and Choctaw counties. + +The newspaper statute referred to was in these words: + +"That it shall be the duty of the probate judge in each county of this +state to designate a newspaper in which all local advertisements, notices, +or publications of any and every character required by law to be made in +his county shall be published. Provided, that no newspaper shall be +designated as such official organ which does not in its columns sustain +and advocate the maintenance of the government of the United States and of +the government of the state of Alabama, which is recognized by the +Congress of the United States as the legal government of this state; and +if there be no such paper published in the county, then the probate judge, +whose decision upon the question shall be final, shall designate the paper +published nearest the county seat of his county which does sustain said +government." + +The "loyal" papers so designated had no circulation beyond a small free +distribution among office-holders. Few of the negroes in their general +illiteracy could read them, and none of them were concerned in the +advertisements. The white people, to whom all of the advertisements were +addressed, would not permit a copy of the publications to be sent to them. +Consequently, the payment of fees was a waste of public money. The purpose +of the law was to create and sustain a detestable press at the expense of +the taxpayers, or seduce the existing papers. + +In 1870 Burton was nominee for lieutenant-governor. On account of some +personally offensive publication, Mr. E. C. Meredith, of Eutaw, a +Democratic leader ("Bravest of the Brave"), severely chastised him in +Eutaw. Thereafter the "trooly loil" journalist made his periodical +collections of fees in Greene county by proxy. About the time when frost +touched with withering chill his budding political aspiration, Burton +received an ominous communication, not intended for publication, but for +his own guidance. It was embellished with pictures of cross-bones, skull +and dagger, and inscribed with a legend which he interpreted as a sort of +"move on" ordinance. And he stood not on the order of his going, but +hiked. + +General Dustin, a northern soldier, of good family connections, who +settled in Demopolis and allied himself by marriage with one of the old +and prominent families of the town, was appointed major general of +militia, and endeavored, but unsuccessfully, to organize a force. The law +provided that whenever forty or more men should enroll themselves and +choose officers, the governor upon application should recognize them as a +volunteer company. Governor Smith could not be persuaded to encourage the +formation of a militia force; he preferred federal regulars, and they were +always available. + +While awaiting opportunity for employment of his warrior genius and +acquirements, General Dustin, equally soldier and statesman, served the +people of his adopted county in the legislature. His colleague in that +august assembly of solons was Levi Wells, a "ward of the nation." + +Others who made reconstruction history in Marengo county will be mentioned +incidentally as this narrative progresses. They were a rare lot, and +equally with the others worthy of a place on the scroll of fame. + +Choctaw county officials distinguished themselves in some features of +their administration of affairs, according to testimony before a +government commission. Dr. Foster was appointed probate judge and elected +state senator, and served in the dual capacity. Receiving the appointment +of revenue collector at Mobile, he discarded the probate judgeship, to +which Hill was appointed, but polygamously refused to be divorced from the +other love, the senatorship. Hill had been appointed treasurer before +receiving the appointment to the judgeship. Withdrawing from the former +place, his brother, Alexander, succeeded. It may not too much confuse the +already complex situation to mention incidentally that the industrious +Alexander filled in spare time by discharging the humble duties of justice +of the peace, having before him the example of his eminent brother, who +scorned not the lesser duties of register in chancery, with which also he +was charged. In the progress of time, an inquisitive grand jury, nosing +into matters, ascertained that Treasurer Aleck had received from the +county tax collector fees to the amount of $3,600. While the jury was +investigating, a disturbance occurred on the streets; the sheriff +resigned, rather than interfere with the disturbers, and sought pastoral +scenes. Circuit Judge J. Q. Smith, serving as a substitute for Luther R. +Smith, adjourned court without receiving the jury's report. Immediately +after adjournment Probate Judge Hill, who had received a significant +communication, with skull and dagger adornment, and maybe had been +playfully shot at, retired to his farm, leaving his office in the care of +the overburdened but willing Aleck. The circuit clerk accompanied the +probate judge to his sylvan retreat, and imposed more work on Aleck by +making him custodian of his office also. By the way, this clerk was first +elected, but failed to qualify, whereupon Judge Smith cured the defect by +appointing him to the place. Such was the situation of affairs when, at +midnight, April 14, the structure burned, and, excepting documents in the +hands of the jury, all of the records of the two offices, together with +the treasurer's account of moneys received and disbursed, fed the hungry +flames. The treasurer said that all the funds were in the safe, but only +charred packages of Confederate "shinplasters" were found therein when the +safe was opened. The succeeding treasurer, an expert accountant, under +instructions from the commissioners' court, investigated accounts between +the collector and former treasurer, and reported that the latter was in +default to the extent of about $7,000, and the tax collector about $2,700. +Meanwhile, the tax collector had sought a change of air in "the glorious +climate of California." Before his departure he related a tale of woe, the +burden of which was that highwaymen had despoiled him of official +collections of between $5,000 and $6,000. + +The fire fiend had marked Choctaw officials for its victims. According to +his own statement, the dwelling of the county superintendent of education +was the repository of $4,000 of county funds when said "fiend" consumed +it. The superintendent was the author of his own official bond, and in his +inexperience omitted therefrom the customary penalty clause, which +omission rendered the instrument non-enforceable. Feeling the inadequacy +of local employment for his talents, he took up residence across the line +in Sumter county, and thus qualified for election to the legislature, but +there was no requisition for his services. + +The superintendent was law partner of Joshua Morse, attorney general of +the state. They were jointly indicted for the murder of Editor Thomas of +the county paper at Butler, the county seat; they obtained a change of +venue and were tried and acquitted in Mobile, the principal witness +against them having disappeared. + +William Miller, a former slaveowner and one of the largest landowners, +became probate judge of Greene county in 1868. Judge Oliver, the +incumbent, refused to recognize his claim, and Miller invoked the +ever-responsive military powers; the soldiers forced entrance to the +office and inducted the claimant. Oliver filed a protest and retired. +Alexander Boyd, a nephew of Miller, became county solicitor and register +in chancery. + +Judge Luther R. Smith had a brother, Arthur A., who was languishing in +Massachusetts, with talents unemployed and maybe unrecognized. The judge +imported his brother and made him county superintendent of education. +There were not many white Republicans in Greene, and it happened that the +circuit court clerkship was "lying around loose," and the judge thought +Arthur was the man for the place. The latter accepted the gift, but failed +to relinquish the superintendency of education. One Yordy figured as agent +of the Freedmen's Bureau. + +These officials were unable to obtain board and lodging at either of the +taverns or elsewhere, and jointly established and maintained for some time +a bachelor establishment, duly ostracised by the people of the town and +county. + +Hale county had a complement of officials in keeping with the layout +common to the counties of the district, including a negro legislator. The +most troublesome was Dr. Blackford, probate judge. He had served as a +delegate to the constitutional convention of 1867. He displaced Judge +Hutchinson, a popular gentleman who had lost three brothers in one of the +battles in Virginia, members of the famous Greensboro Guards. + +Blackford was a skillful physician and surgeon, and of fair education. He +served as surgeon in the Confederate army, and was stationed at Vicksburg +during the siege. Subsequently a story circulated that he was there +court-martialed on a charge of appropriating to his own use hospital +stores, including liquors. However that may be, his services were +dispensed with and he took up abode in Greensboro, and began to practice +his profession with much success. In an evil hour he was tempted to cast +his lot with the adventurers who were greedily fastening their clutches +upon the substance of the country, and fell. Going from bad to worse, he +affiliated with negroes and soon obtained absolute control of them. +Claiming, as probate judge, that he had the right to supervise contracts +between them and their employers, he constantly meddled in private +affairs. Calling league meetings and taking the hands away from their +work, he caused much vexation and loss to the planters. + +About the time when he became probate judge an incident occurred in +Greensboro in which was exhibited by the soldiers an unusual +disapprobation of the administration of affairs. The agent of the +Freedmen's Bureau, one Clause, incurred the displeasure of some of them +who were inclined to insubordination, and they administered to him a +beating. Varying the proceeding, they seized a negro school teacher and +conveyed him to a pond, in which they ducked him repeatedly. + +Blackford became alarmed at this manifestation of displeasure, and fled to +the hills north of the town. There he was pursued by the rioters in +uniform, and, resuming his flight, sought refuge at the home of a citizen, +who apprised leading citizens of Greensboro of his whereabouts and peril. +They informed the military commander, who, in turn, dispatched a squad of +cavalry to rescue him and conduct him to town. Blackford, on his return, +renounced his political heresies and aspirations to the judgeship, which +he declared he would not accept; but, recovering his confidence in the +stability of the military powers and his negro backing, he quickly +recanted and relapsed into arrogance. + +Tuscaloosa county was not neglected by place-hunters, but the +preponderance of whites in that county was a restraining influence. + +Luther R. Smith, a carpetbagger from Michigan, provisional circuit judge +in 1866, was elected to that position in 1868, and simultaneously a member +of the legislature, but had decency to resign the latter trust. +Notwithstanding he subsequently violated the judicial proprieties by +presiding over a radical state convention in Selma. He was one of the most +respectable of the intruders, and reputed to be just, impartial and +courteous on the bench. Nevertheless he shared, in a lesser measure, the +odium which attached to all. The feeling of the people was that no +right-minded man would thrust himself into public position under the +peculiar circumstances. + +All the members of the United States House of Representatives from +Alabama were carpetbaggers--officers in the United States army. Charles W. +Pierce represented the fourth district. He held a commission as major. His +course in the interval when the constitution was in abeyance was the same +as that of Colonel Callis, who caused more discussion. Colonel Callis was +elected to Congress from the Huntsville district, in competition with +General Joseph W. Burke, a man of character and education. General Burke +was the Republican nominee, and Callis bolted. Callis was a federal +soldier and agent of the Freedmen's Bureau, at Huntsville. While +canvassing, he was attired in the uniform of a colonel. When the +constitution was rejected and declared rejected by General Meade, and the +fact communicated to General Grant and by him communicated to Congress, +and the action of Congress looked to the rejection of the constitution, +Colonel Callis left Huntsville and went upon duty to Mississippi as an +army officer. When Congress accepted the constitution and admitted Alabama +under the "omnibus" measure, Callis hurried to Washington and took his +seat as a representative from Alabama, notwithstanding he had never been a +citizen of the state and was then a resident of Mississippi. Pierce was +succeeded by Charles Hays, of Greene county, in November, 1869. + +The state was represented in the federal Senate by Willard Warner and +George E. Spencer, the first named a northern general, the other, an army +contractor. Judge Busteed, under oath, said that when elected Warner was +not a citizen of Alabama; that when summoned a short while before as a +juror in his court, Warner claimed exemption on the plea that he was a +senator of the state of Ohio. Governor William H. Smith, in a letter +published in the _Huntsville Advocate_, said: "Spencer lives upon the +passions and prejudices of the races. The breath of peace would leave him +on the surface, neglected and despised." And Spencer characterized his +colleague as a "a trifling and worthless man." + +Being unobjectionable as to "loyalty," all of these non-citizens were +permitted to take their seats; and for the first time since 1861 Alabama +was represented (?) in the federal Congress, notwithstanding the fact that +during a part of that period the people were taxed by the government which +denied them representation--taxed unconstitutionally (in the case of +cotton), as the Supreme Court subsequently decided. + +William H. Smith, of Randolph county, displaced Governor Patton. His +character will be revealed as these pages multiply. + +The state supreme court justices were evicted, and S. W. Peck, Thomas M. +Peters and B. F. Saffold substituted for them. There is little to be said +of them by a layman, except that the first named favored suspension of the +writ of habeas corpus, during the Ku Klux era, and the last named declared +unconstitutional the law under which a justice of the peace was convicted +of solemnizing the rites of matrimony between a white man and a negro, and +reversed the judgment of the lower court. + +President Lincoln in 1863 appointed Richard Busteed United States district +judge, and in 1865 the appointee came to the state and assumed the bench. +Whatever else may be said of him, he was bold in expression of opinion, +judicial and personal; and during the carpetbag régime he testified that +"the general character of Alabama office-holders for intelligence and +honesty was not good." In 1870 Francis S. Lyon, of Demopolis, testified +that a bill was filed in Judge Busteed's court to foreclose two mortgages +on the Alabama Central Railroad (Selma to Meridian), and the cost of that +suit, paid by New York creditors of the road, amounted to $122,000. The +institution presided over by Judge Busteed was costly to litigants, to say +the least. + +A. J. Applegate became lieutenant-governor. Mr. William M. Lowe, of +Huntsville, testifying before the congressional commission in 1870, said +of him: + +"I had occasion to look into his record, and published a statement in +reference to his character, in which I proved conclusively that any petit +jury in any New England state would have convicted him of grand larceny +upon the evidence by his own declarations,--his own letters. These charges +were made by me when he was living. Every opportunity was given him to +make his defense; he had no defense to make but a lie. He had been a +member of McPherson's body-guard that stopped near Mrs. Jacob Thompson's +residence in Mississippi. He was there taken sick and taken into her house +and nursed and kindly treated by her. At that time and under those +circumstances, he, or some one with his knowledge and connivance, stole +the deeds and patents and valuable papers belonging to the Thompson +estate. After the war he settled here and wrote a letter to Mrs. Thompson. +In his first letter he thanked her for her kind and Christian treatment of +him while he was sick, although he was an enemy to her cause, saying that +he would ever hold it in remembrance. The second letter called to her mind +the fact that she had lost those valuable papers, and offered to return +them or have them returned to her for a consideration. She wrote him back. +The correspondence was published in full. Finally, he wrote to her if she +wanted these papers better than she wanted $10,000, to send him on the +money and get the papers. That was about his language, written in the most +abominable and illiterate style." The matter was placed in the hands of +lawyers, who induced Applegate with $300 to surrender the papers. + +General James H. Clanton, under oath, spoke thus of Harrington, speaker of +the house of representatives: + +"Mr. Harrington came to Mobile very poor, from the northeast somewhere. He +was never a soldier that we knew of. He is now very rich. Just after the +war he was charged with running free negroes into Cuba. I do not know +whether it is true or not. The present sheriff of Montgomery county showed +me a reward offered for him, from what purported to be a northwestern +paper, on a charge of bank robbery. He requested me to say nothing about +it lest Harrington should get away. He said he was going for him that +night; that he had his accomplice in jail, and the accomplice said +Harrington was the man. The description he showed me was lifelike." + +Asked whether it could not be a mistake, the general replied: + +"No, sir; a man of marked physique. I did not give this information at the +time to any of my law partners, but they smiled when I told them that +Harrington would pay more reward to Barbour (the sheriff) and we would +never hear of it again. And we never did hear of it till we published it +in the last campaign, to which Harrington, who still lives there, made no +response whatever. Colonel Thomas H. Herndon, a prominent lawyer of +Mobile, said to me that a friend saw Harrington, during the last session +of the legislature at which he presided, take a crowd off to drink +champagne at a barroom known as the Rialto, in Montgomery, and when +remonstrated with for his extravagance, he ran his hand in his pocket and +pulled out seventeen one-hundred-dollar bills, with the remark that he +could afford it, as he had made that much in one day in engineering a bill +through the house." The general further testified that Eugene Beebe, of +Montgomery, told him he paid Harrington a sum of money to advocate a +lottery charter before the house. He said that of the representatives whom +he "approached" on the subject of the lottery, only one, a negro, +exhibited any qualms, and he accepted fifty dollars, protesting that it +was only "as a loan." + +When Colonel Joseph Hodgson became superintendent of education, he said +that county superintendents had embezzled between $50,000 and $60,000 of +school funds. Two sons of the former state superintendent were fugitives +on that account. + +Mr. P. T. Sayer, speaking of the Montgomery county representatives in the +lower house of the legislature, said: "One of them is a man who came from +Austria, by the name of Stroback. I understood that he was a sutler or +something of that kind in the federal army. I further understood that he +never has been naturalized; I do not know about that. He was said to be a +gentleman in his own country; I do not know about that, but he certainly +is not one in Montgomery. He is a man of a great deal of sense, and I +think a dangerous man in any community situated as ours is. The others are +three negroes." + +These character sketches of radical officials might be multiplied +indefinitely, but the monotony would weary the reader. Necessarily others +will be mentioned incidentally as this story of reconstruction +progresses. + + + + +CHAPTER TEN + +RUINOUS MISGOVERNMENT + + +Only misrule could be expected from such officials. Nothing was sacred +from their greedy grasp. The most cherished institutions were debased to +their purposes. In time the university was avoided by all who were +unwilling to forfeit public esteem. One of the early arrivals from +fruitful Ohio was Rev. A. S. Lakin. He was commissioned by Bishop Clark, +of the Cincinnati conference of the Methodist Episcopal Church, to +organize negro churches in Alabama. He was a fanatic of the extreme type, +and his work of the politico-religious character. He regarded the +Methodist Episcopal Church, south, as an aggregation of rebels, and aimed +to array his negro proselytes against it by preaching political sermons, +in which he reminded his audiences of their former bondage and alleged +there was danger of its renewal. According to his own statements, he was +the unterrified victim of a concatenation of Ku Klux attacks. In +prosecuting his roving missions in the mountains of northern Alabama, +Lakin's morbid fancy distorted every lone hunter encountered on the +roadside into a lurking assassin, and every innocent group of gossiping +rustics into a band of Ku Klux. He organized a camp-meeting, and one night +at an early hour during its progress a party of horsemen rode through. +Lakin wrote for publication in one of the church organs a hair-raising +story of the incident, magnifying it into a Ku Klux foray. His explanation +of the cause of the intrusion was that the klansmen were offended because +of a rumor circulating in the camp that an infant born in the neighborhood +was "a Ku Klux child," an exact image in miniature of a disguised Ku Klux, +horns and hood included. Lakin solemnly affirmed the fact of the birth of +the monstrosity, but ungenerously robbed it of distinction by adding that +six other infants in that klan-infested region were similarly "Ku Klux +marked." The woods must have been full of human curios! + +In 1868 the regents elected this superstitious and prejudiced emissary +president of the University of Alabama! Accompanied by Dr. N. B. Cloud, +state superintendent of education, Lakin journeyed to Tuscaloosa to assume +the station which the people once hoped would be graced by the illustrious +Henry Tutwiler. Professor Wyman was in charge of the institution and held +the keys; the former president had withdrawn and appointed him custodian. +On the ground that the board of regents was illegally constituted, +Professor Wyman refused to yield to Lakin, and the latter, discerning +signs of popular displeasure, lost the courage which had nerved him to +assert his claim, mounted his horse and hurriedly rode away in the +direction of Huntsville, while Dr. Cloud departed with equal celerity in +the direction of Montgomery. + +Some time afterward Lakin related a blood-curdling story of pursuit from +Tuscaloosa by a band of Ku Klux and his almost miraculous escape from the +horrible death to which the band had condemned him. This story provoked +the publication of a counter charge,--that while Lakin was preaching +somewhere in New York State he ill requited the hospitality of an +entertainer by dishonoring the household. + +And this man's ultimate aspiration was to represent Alabama in the United +States Senate! + +One of the most scandalous chapters in the history of the Republican +régime relates to railroad subsidies. The Lindsay administration favored +encouragement to the building of railroads, as means for development of +natural resources, and in 1867 the legislature passed, and the governor +approved, an act which authorized the state to indorse bonds of new +railroads to the extent of $12,000 per mile, with an additional +endorsement for bridges; but indorsement was safeguarded carefully, and no +wrongs were committed in connection with the execution of the law until +the Radicals assumed control. Then there began a riot of bribery and +corruption. + +November 10, 1871, I. F. Grant, state treasurer, submitted to the +congressional commission investigating affairs in the southern states a +statement from which the following extracts are made: + +"Bonded debt of the state January 11, 1861, $3,445,000. + +"The state is and was bound to pay in perpetuity for annual interest on +the school fund the sum of $134,367.80. + +"Interest unpaid during the war, accrued up to and including January 1, +1867, was then funded and new bonds issued for the sum of $621,000, which +made the total bonded debt on + + January 1, 1867 $4,066,000 + + "The war debt, amounting to $12,094,731.95 was repudiated. + "Eight per cent. bonds sold in 1867-68 659,100 + "Eight per cent. bonds sold in 1869-70 657,700 + "Total bonded debt January 1, 1871 $5,382,800 + +"Cause of increase, sale of bonds to carry on the government. + +"There is a prospective liability for an indefinite amount growing out of +the passage of an act, approved February 19, 1867, and amended August, +1868, whereby the state is required to indorse railroad bonds to the +amount of $12,000 per mile, which act was further amended in March, 1870, +so as to increase the indorsement to $16,000 per mile. + +"The same legislature in March, 1870, made a loan to the Alabama and +Chattanooga Railroad Company of $2,000,000 in Alabama 8% bonds, over and +above the indorsement of $16,000 per mile for the entire length of the +road, thereby adding to the direct and collateral liability of the state +for this one road the sum of $6,700,000. In addition to this, the +Republican governor, W. H. Smith, issued to the road bonds to the amount +of $500,000 above what the road could ever by any possibility claim under +the law. + +"The said road made default in payment of January and July, 1871, +interest, which the state paid as its owner and creditor, $508,000. + +"There are eight or ten other roads for which the state, under the law +above referred to, is liable as indorser." + +The state auditor reported this summary of liabilities September 30, 1871: + + Direct indebtedness $ 8,761,967 37 + Present conditional indebtedness 15,420,000 00 + Conditional indebtedness provided by law 14,200,000 00 + +Under Democratic administration, a committee of the legislature +investigated the railroad deals and reported that "Two millions of state +bonds which the law authorized the governor to issue in aid of said +company (Alabama and Chattanooga) in sums sufficient to pay off the cost +of having constructed a certain amount of road in excess of the state +indorsement of $16,000 per mile, were issued in bulk, with reckless haste, +and were hurried away to the money marts of Europe"; that "there has been +no record kept by any officer of the state of the number and amount of the +bonds issued or indorsed by the state in favor of the various railroads +entitled by law to the aid of the state, except as to loans of bonds to +the Montgomery and Eufaula Railroad Company, $300,000 in amount, and the +indorsement of bonds in favor of the Mobile and Montgomery Railroad +Company." + +R. M. Patton testified that although he had accepted the presidency of the +Alabama and Chattanooga Railroad Company, he was ignored because he +opposed the loan bill. D. N. Stanton, of Boston, was elected president, +and Patton "was not invited or expected at the consultation of friends of +the road. He said: "I do not think the stockholders ever paid in any of +the capital stock of the company." + +Arthur Bingham, state treasurer from 1868 to 1870, asked whether he knew +of any fraud or illegality in connection With the issue or indorsement of +the railroad bonds, declined to answer upon the ground that by so doing he +would criminate himself. + +Mr. Holmes testified that on the last day of the session of the +legislature of 1869-70 Mr. Gilmer, president of the North and South +Railroad, borrowed from him and Mr. Farley $25,000. Next day Mr. Gilmer +complained that John Hardy, of Dallas county, chairman of the committee of +the legislature, had treated him shabbily; that "he had agreed to pass the +bill for him for $25,000, but that at the eleventh hour he went back on +him and made him pay $10,000 more, making in all $35,000." + +Jere Haralson, colored, Mr. Hardy's colleague from Dallas, was a shrewd +negro, but at that time a cheap commodity. Later he appraised himself more +highly. Ben Turner, a negro (successor to the carpetbag congressman), +continued for some time after regeneration to represent the Dallas +district in Congress, and Jere spent much time with him in Washington, +engaged in profitable political work. But at the Montgomery distribution +only fifty dollars was apportioned to him. He ingenuously explained that +he accepted it as a loan. + +When the state, some years later, attempted to make Mr. Hardy disgorge the +$35,000 (bonds) and imprisoned him, he escaped on the plea that it was +imprisonment for debt. + +Ex-Governor Patton published a statement in which he said that, when in +Boston, parties to the Alabama and Chattanooga Railroad complained to him +because legislation in Alabama had cost the company $200,000. + +J. P. Stowe, a Montgomery county representative, asserted, and the +assertion was published, that John Hardy took away the night the +legislature adjourned not less than $150,000, but not all of it was +his--he had much of it for distribution. + +Construction of the Alabama and Chattanooga (now the Great Southern) +Railroad, extending from Meridian to Chattanooga, referred to in the +report quoted from, was under direction of D. N. Stanton. He was a skilled +and unscrupulous lobbyist and get-rich-quick builder. There was testimony +to the effect that the only money used in construction work was that +which was derived from state indorsement. The indorsement for bridges was +$60.00 per lineal foot of structure. In the hill country, beginning in +Tuscaloosa county, the line of road described a serpentine trail among the +hills. Mere increase of mileage presented no great disadvantage to +Stanton, but tunneling, cutting and filling were difficulties studiously +avoided. Consequently, when the road passed into other hands and +reorganization was effected, changes necessary in straightening left the +landscape with marks of peculiar interest to civil engineers. Travelers by +that road may observe from car windows at many points abandoned roadbeds +to right and left, winding among the low places and avoiding hills which +were so formidable to Stanton, reminding the observer of meandering brooks +seeking lower levels. Lines of least resistance were most attractive to +Stanton, regardless of circuitousness. + +While government was thus growing in costliness, the resources of the +people who had to foot the bills were diminishing. + +State Treasurer Grant's statement showed that the average cost of state +government in Alabama for 1859 and 1860 was $813,000; for 1868, 1869, +1870, $1,514,000; and the increase, he said, was partly due to increase +of bonded debt, but mainly to ignorant and corrupt legislation. + +The report of the superintendent of census showed: + + Assessed valuation of property in Alabama, + including slaves, in 1860 $432,198,762 + Assessed valuation in 1870 156,770,387 + State taxation in 1860 530,107 + State taxation in 1870 1,477,414 + County taxation in 1860 309,474 + County taxation in 1870 1,122,471 + +Now consider, as representing average conditions in the counties of the +Black Belt, these facts derived from the report of Judge Hill, an expert, +employed to investigate affairs in Marengo county. + +Taxes in 1870 were threefold greater than in 1860. The value of subjects +of taxation had diminished two-thirds; 22,000 slaves, of an average value +of $500 each, had ceased to be enumerated as taxable property; lands had +depreciated in value sixty per cent.; there was less than one-half as much +live stock as formerly; two townships had been lopped off and given to the +newly-created county of Hale. + + + + +CHAPTER ELEVEN + +THE WHITES AROUSED + + +The people of the Black Belt had borne with all possible patience the +multiplied grievous wrongs recited in the foregoing pages. During the +transition from master and slave to the new relations between them there +was a strong disposition in both races to live in peace and harmony and +make the best of their altered relations; the negroes were civil and +confiding, scarcely realizing the change in their status, while the whites +appreciated their good behavior during the war, when families of men in +the army were unprotected, and were disposed to gratitude for it. But +since the establishment of the league friendly intercourse between the +races had been growing rarer, and now ceased altogether; the estrangement +was complete. + +With the imposition of the constitution began the reign of the +carpetbagger--"demon of discord and anarchy"--and the negro, and the +infliction of "the horrors of reconstruction"; a civil convulsion in which +the foundations of society were broken up; "a vast sluice of ignorance +and vice was opened; a race which never had evolved anything of its own +motion was given the ballot, the highest right of American citizenship," +and never regarded it as more than a personal perquisite, while white men +of the highest type were disqualified from voting by the constitution of +their state; negroes were made eligible to all offices, while the federal +Constitution deprived the people of the wisdom, knowledge and experience +in office of former leaders at a time when they were most needed. A +comment of the time was, that a proscribed white man could not have been +bailiff to his former slave if that former slave was a justice of the +peace, as he might well have been, if he was not in fact. Democrats had +not opposed negro suffrage in order to oppress the negroes, but to prevent +negroes from crushing them; and the situation produced by the imposition +of the constitution attested the reasonableness of their fear of the +effect of the endowment of the negro with the ballot. They realized that +"in popular government where two races exist in mass who are from any +cause so different that they cannot mingle in marriage and become one, the +exercise of political power must be confined to one or the other of those +races if there be a wish for security and peace." + +In the fourth district, the whites were greatly outnumbered by the +blacks, and, comparing voting strength, a contest with them at the polls +seemed hopeless. + +The census of 1870 credited Choctaw county with 5,802 whites and 6,872 +blacks; Greene county, 3,858 whites and 14,541 blacks; Hale county, 4,802 +whites and 16,990 blacks; Marengo county, 6,090 whites and 20,058 blacks; +Sumter county, 5,202 whites and 18,907 blacks; Tuscaloosa county, 10,229 +whites and 8,294 blacks. + +Thus, excepting the first- and last-named counties, the whites were +outnumbered by more than three to one. + +All of the towns in the section under review were small, the populations +ranging from 1,500 to 2,000. Greensboro in Hale, Eutaw in Greene, +Demopolis in Marengo, Butler in Choctaw, Livingston in Sumter, and +Tuscaloosa in the county of the same name, were the seats of government of +their respective counties, centers of religion, education and sociability. +At Tuscaloosa were located the State University and a fine girls' school; +in Marion were the Seminary, the Institute, Judson, and Howard College; in +Greensboro, the Methodist Southern University and an advanced girls' +school. These towns had been founded as the home places of wealthy and +cultured planter families whose plantations were in the fertile prairies +and canebrakes. Office-holding had always been their honorable +distinction, gained by highest merit. + +An epitome of conditions in the southern states at that period will serve +to portray those in Alabama: "Legislatures in some instances composed in +part of pardoned felons and penitentiary convicts enacting laws; the +judiciary in the hands of charlatans and bribe-takers; every office, from +the highest to the lowest, filled with ignorance, vice and unblushing +corruption; with the land swarming with libelers and malignant slanderers; +the country divided into military districts and garrisoned with troops, +whose officers were ever ready, at the slightest bidding, to annoy and +oppress an unarmed people." + +But the whites realized that in this section, at least, civilization +itself was at stake, and notwithstanding the adverse odds and other +disadvantages, resolved to risk all in combat with the forces arrayed +against them. They were acquainted with the character of the Union League; +aware of its horrible objects and aims; the almost daily crimes of lustful +fiends, assassins and incendiaries were regarded as the fruits of its +teachings; its responsibility for the existence of courts of law void of +decency and recognized authority, and for officials incapable of +enforcing law and order, for injury to public credit by prodigal pledges, +and waste of public money, was fixed by its foolish and persistent +allegiance to false leaders. This league was the institution marked for +destruction. An organization pledged to undertake the task relentlessly +and unflinchingly was regarded as a necessity. As the mighty Anglo-Saxon +race on this continent had ever proved equal to emergencies, so now the +men of this race, war-trained in arms and horsemanship, sensible that the +great stake of Christianity and civilization lay in the balance, nerved +themselves for the conflict. + +The rule of the carpetbagger and scalawag and freedman was a "reign of +terror," and thrilling as well as deplorable were the incidents of the +struggle to throw off the yoke. The mere recital of them, without comment, +would fill volumes. Only those regarded as culminating events in the +several counties of the district will be related. And in the relation +sworn testimony of the time supports the writer's statements where +personal observation was lacking. They illustrate the sacrifices of the +devoted men who were impelled to deeds distasteful but regarded as a +necessary choice of evils, and who rescued that garden spot of the state +from savage domination and again made it fit abiding place for the race +which before had dispossessed the aborigines. These men knew that the +negroes were misguided dupes of designing and ruthless leaders, and pitied +them, but for the ultimate good of both races sternly resolved that they +should be compelled to discard those leaders and submit to the legitimate +rulers of the land. + + + + +CHAPTER TWELVE + +THE KU KLUX KLAN + + +Before proceeding with the narrative, an explanation of the origin and +purposes of the Ku Klux Klan may interest the reader. The facts mentioned +were derived from authentic and official sources. + +The first den was organized in Pulaski, Giles county, Tennessee, in 1866, +and Pulaski continued to be the centre of the order throughout its +existence as an interstate organization. Six men organized the den for +diversion and amusement in a community where life was dull and monotonous. +The original name was Ku Kloi (from the Greek word Ku Klos), meaning band +or circle. It was changed to Ku Klux and Klan was added. + +The constitution of Tennessee was imposed by a fraction of the people. The +legislature passed an act restricting suffrage which disfranchised +three-fourths of the native population of the middle and western parts of +the state. This obsequious legislature also passed acts ratifying the +illegal edicts of the autocratic and tyrannical Governor Brownlow ("The +Parson"); the sedition law was revived and amplified; freedom of speech +and press was overthrown, and a large militia force composed of negroes +was created and made responsible to the governor alone. At an election +enough men had been permitted to register to thwart Brownlow's plans. He +threw out the entire vote of twenty-eight counties. Registrars were +removed, registration set aside, the counties placed under martial law, +and negro militia quartered therein. The legislature had become +unanimously Republican in both branches. + +The people began to consider means of counteracting this high-handed +tyranny. The Pulaski Ku Klux organization had attracted much attention and +branches of it had been organized in many parts of the state. Leaders of +the people quickly saw that it could be utilized for the purpose in view. +And this was done. The order, thus perverted, soon spread from Virginia to +Texas. The ritual was simple and easily memorized and was never printed; +but a copy of the prescript was obtained and used in a trial in Tennessee +and reproduced in United States government publications. At a meeting in +Nashville of delegates from all dens this was modified. That convention +designated the southern territory as "The Invisible Empire." It was +subdivided into "realms" (corresponding to states); realms were divided +into "dominions" (congressional districts); dominions into "provinces" +(counties); provinces into "dens." Officers were designated as follows: +Grand Wizard of Invisible Empire and his ten Genii (and the grand wizard's +powers were almost autocratic), Grand Dragon of Realm and his Eight +Hydras, Grand Titan of Dominion and his Six Furies, Grand Cyclops of Den +and his Two Night Hawks, Grand Monk, Grand Scribe, Grand Exchequer, Grand +Turk, Grand Sentinel, The Genii, Hydras, Furies, Gobbins and Night Hawks +were staff officers. It is said that the gradation and distribution of +authority were perfect, and that no more perfectly organized order ever +existed in the world. The costume consisted of a mask with openings for +the nose and eyes; a tall, pointed hat of stiff material; a gown or robe +to cover the entire person. Each member was provided with a whistle, and +with this, and by means of a code of signals, communicated with his +comrades. They used a cypher to fix dates, etc., and published their +notices in the newspapers, until repressive laws forbade this. Their +horses were robed and their hoofs muffled. + +Meanwhile, other orders formed: White brotherhood, White League, Pale +Faces, Constitutional Union Guards and Knights of White Camelia; but all +evidence shows that they were for the most part short-lived, the very +name of Ku Klux having caught the fancy of the members. General Forrest is +credited with having consolidated all of them into the one grand order. An +interview with General Forrest was published in the _Cincinnati +Commercial_ in September, 1868, in which he was quoted as saying that in +Tennessee the klan embraced a membership of 40,000, and in all the states +550,000. He said to the congressional commission that the order was +disbanded by him when it had fulfilled its purpose. No doubt he meant that +the general organization was disbanded, for certainly detached bodies +existed after the date fixed by him as that of the disbandment. Fleming +says that the general was initiated by Captain John W. Morton, formerly +his chief of artillery, and became Grand Wizard. In his testimony General +Forrest said that the klan in Tennessee was intended as a defensive +organization to offset the Union League; to protect ex-Confederates from +extermination by Brownlow's militia; to prevent the burning of gins, mills +and residences. + +Congress and the radical legislatures resorted to all possible means to +break up the klans, but they existed until after white supremacy was +restored. Even then, counterfeit bodies perverted the name until they were +suppressed by the natural rulers of the land. Congress passed a bill which +provided for suspension of civil government in any district in which Ku +Klux lawlessness existed, thus depriving all the people of trial by jury +and other rights, and placing whole communities under the ban of military +power. The Alabama legislative enactment pronounced anyone found in +disguise a felon and outlaw. It also provided that if a person was whipped +or killed by men in disguise, the county could be sued for a penalty +ranging from $1,000 to $5,000; and it made it the duty of the prosecuting +attorney of the county to institute suit for and in behalf of the victim +or his relatives, in any case where no indictment was found. + +After the Nashville convention the order courted publicity, in order to +inspire respect for its powers, and the Ku Klux sometimes paraded in +daylight. Their appearance in public was sudden and unheralded; and they +disappeared as silently and mysteriously. The perfection of their +movements in drill revealed the training which the members had received as +cavalrymen during the war. Sometimes the parades were at night, and then +the mystery of their sudden appearance and the weirdness of the spectacle +were heightened. One of the night parades was in Huntsville, and the story +of it was circulated throughout the north as evidence that another +revolution was imminent. It was in the nature of an acceptance of +challenge, and the circumstances connected with it were as follows: + +On October 30, 1868, C. C. Sheets, a Grant candidate for elector, made a +speech in Florence. About ten o'clock that night a band of disguised men +visited his sleeping apartment. He attempted to escape by way of a +gallery, but was caught and taken back to his room. After a short stay the +band retired without having in any way harmed him. Sheets said that they +exacted from him a promise that he would desist from making inflammatory +speeches. Later in the same month Sheets delivered a speech in Huntsville. +It was reported that in the course of that speech he told his colored +audience that he had been interfered with a few nights before in Florence +by Ku Klux, and that he had promised them then that he would not make the +abusive and inflammatory speeches that he had been making; but up there, +where there were so many colored people, he wasn't afraid to say what he +pleased, and that if the colored people would do what was becoming in +them, they would carry with them weapons and shoot down those disguised +men wherever they found them; that the reason the Ku Klux paraded the +country was because the negroes were weak-kneed. + +The speech excited the negroes. They remained in town all day, and at +night a meeting was held in the court-house and many negroes, with guns, +attended. During the day leading negroes loudly proclaimed that Ku Klux +would never again be permitted to enter the town; that if they attempted +to do so, they would be shot on sight. A federal military officer had said +it would be lawful to do this. A rumor circulated that Ku Klux were +assembling at a point some miles distant, and about dark two large posses +of negroes, under command of deputy sheriffs, repaired to points along +principal roads to intercept them. While the speaking at the court-house +was in progress, fugitive negroes from the posses, which had suddenly +dissolved at the approach of danger, rushed to the court-house and +announced that Ku Klux were marching on the town. The meeting broke up in +confusion and the people hurried into the yard. All the near-by streets +and the sidewalks surrounding the square were thronged with people, white +and black. Suddenly the cavalcade, numbering about two hundred, fully +uniformed in tall conical hats, long gowns, and hoods with eyeholes, some +armed with guns and sabres, wheeled into the square, and without sound +save the whistle signals--then almost as awe-inspiring as had been the +"rebel yell"--rode in military order completely around the court-house, +and then turned into one of the streets. Proceeding along this some +distance, the column halted and formed into battle line. After maintaining +this formation for a few minutes, the march was resumed and the band +disappeared. + +There was stationed in Hunstville at that time a regiment of regular +troops, and their commander, General Cruger, with some of his staff +officers, from a hotel veranda viewed the spectacle of the Ku Klux parade. +His comment was that "it was fine but absurd." + +There was an unfortunate episode of the event: + +Just as the Ku Klux withdrew there was a discharge of firearms in the +courtyard. Some witnesses said that the first discharge, an accidental +one, due to nervousness, caused the others. Judge Thurlow, a visitor, was +mortally wounded, and said a short while before his death that he was shot +accidentally by his Republican friends. A negro seated on the court-house +steps was killed instantly. Two white men and a negro were wounded. This +tragedy was without design, and the excitement was quickly quieted. + +A rumor that a few undisguised Ku Klux were posted about the square was +supported by the fact that after the departure of the troop three men, +having disguises in hand, were arrested by soldiers while in the act of +mounting horses in one of the side streets. Later in the night they were +rescued from jail by their comrades, and were never officially identified. +But their paraphernalia was retained by the officials and often exhibited +and photographed. Perhaps none other was ever captured directly from a +wearer. + + + + +CHAPTER THIRTEEN + +A MISCARRIAGE + + +There were some miscarriages in the operations of the klan. A memorable +one of this character is recalled. A cavalcade, supposed to have started +from the western side of the Warrior river, rode through Greensboro and +proceeded to Marion, a distance of about thirty-five miles, presumably to +take from jail and execute a negro who had, with but slight provocation, +killed a white man with a paling which he wrenched from a fence. The +riders visited the jail and demanded the keys. The jailer's wife appeared +and implored them to desist. The jailer himself, a member of a fraternal +order, made an appeal which was recognized and respected by members of the +party and was successful, and after much parleying, the invaders withdrew +without molesting the custodian of the county Bastile or his charge. But +an episode of the foray was embarrassing and dangerous. The riders had +proceeded only a short distance when one of the horses fell and expired, +in full mock panoply. Here was an awkward situation for the raiders. A +comrade, far away from home, unhorsed and subjected to inevitable +detection should he be abandoned! It is not known by what means he escaped +and regained the realms of the "Grand Cyclops." + +The warning to evil-disposed persons conveyed by this raid perhaps +obviated the necessity for another in that particular part of the county. + +Across the border line of Mississippi occurred a lamentable disaster, due +to incompetent leadership and ignorance of locality. + +In 1870 the carpetbag government in Mississippi reached the zenith of its +power, and its baleful influence pervaded every nook and corner of the +state. The effects of misgovernment were deplorable. Lands which in +ante-bellum days were appraised at twenty-five to seventy-five dollars per +acre had so depreciated in value that at forced sales only about one +dollar per acre could be obtained. There were few real estate transfers; +some of the lands were depopulated; the only immigrants were carpetbaggers +seeking offices; taxation was oppressive, especially for the support of +schools, and almost the entire burden was laid upon the whites; the scanty +possessions of negroes were within the limits of exemption; even the poll +tax, devoted to school purposes, was evaded by them. In some counties +tax-payers bore the expense of schooling three negro pupils to one white +pupil. At length they resisted collection of the tax. + +Robert W. Flournoy, of Pontotoc, distinguished himself in the resultant +controversy. When not engaged as deputy postmaster and county +superintendent of education, he conducted a weekly newspaper, and made it +and himself odious. In his paper he bitterly denounced the Ku Klux as +"midnight prowlers and assassins," and responsible for the suppression of +public schools. He insisted that in the schools there should be no +separation of races, and engaged in a prolonged and heated controversy +with the governor over the question of admitting negroes to the State +University. + +Colonel Flournoy received from the Grand Cyclops a communication, +intimating that at an early date he would receive a visit from the men +whom he had denounced. About midnight, May 13, 1871, Flournoy's office +foreman and a companion aroused him from sleep with the startling +announcement that a band of Ku Klux had appeared in the village, and the +leader was inquiring where the colonel's residence was located. He had +some shotguns, and, arming himself and his callers, departed from home and +repaired to a blacksmith shop near by. At this place a number of +townsmen, well armed, had already assembled. The colonel subsequently +accounted for their presence with arms with the statement that during the +afternoon they had been hunting, and when the foreman had alarmed them +they were engaged in a game of cards. Altogether, these men constituted a +strong force, and proceeded to arrange an ambuscade at the shop. + +Meanwhile the Ku Klux, who, according to later revelations, were +strangers, wholly unacquainted with the locality, having learned the +situation of the Flournoy residence, were approaching it, unconscious of +the state of affairs. Fronting the place and extending a long distance +were deep and tortuous gulleys, and in their progress the horsemen became +entangled and bewildered as in a maze and their formation broken. +Extricating themselves in groups and singly, they approached the shop. +Chancellor Pollard and Deputy Sheriff Todd were with the concealed +villagers, and the former emerged from the rear of the shop and commanded +the riders to surrender. Simultaneously, someone in concealment fired a +shot, and instantly the ambushers sprang from cover and discharged a +volley in the direction of the disordered klansmen. The surprise was +complete and overwhelming. Horses, becoming unruly, frantically turned and +fled. The riders in advance were thus thrown back upon those emerging +from the gulleys. In the resultant confusion there was desultory firing +back and forth, but the unfortunate strangers were unable to rally at any +point, and singly and in small groups they withdrew to the main street, +where they found themselves in little less embarrassing a situation. No +one knew in what direction they should retreat. They had lost their +bearings and knew not how to reach the road over which they had entered +the village. Disbanded, they fled in different directions. + +Colonel Flournoy's supporters, for the most part, were ignorant of the +character of the men whom they had assaulted and the object of the foray, +and were easily led into the mistake of pressing the advantage they had +gained. Consequently, led by Flournoy, they intercepted a small body of +the raiders and fired on them. + +Stampeded as they were, the resolute riders halted and returned the fire. + +After daybreak a man, fully costumed and still in mask, badly shot, was +found at the place where he and his comrades had been waylaid. The +unfortunate was tenderly cared for, but expired a few hours later. Three +others were wounded, but escaped. Sixteen horses, abandoned by their +riders, together with the disguises of those riders, were picked up next +day. The original party comprised thirty men. + +There was profound sorrow in the little town when the inhabitants learned +what an awful mistake had been made. + + + + +CHAPTER FOURTEEN + +A CONVENTION SUPPLEMENTS KU KLUX + + +Throughout the reconstruction period there was perhaps more turbulence in +Choctaw than in any other county of the district, but, after all, the +climax in the struggle for restoration of white supremacy was in an +orderly and regularly-organized meeting of citizens, without any attempt +at secrecy of proceedings. + +Judge J. Q. Smith, as substitute for Judge Luther R. Smith, as previously +chronicled, undertook to hold the regular term of the circuit court at +Butler. The sheriff attempted to arrest a boisterous man outside the +court-house and met defiance and resistance; consequently, in alarm he +resigned, and the judge, after some deliberation, concluded he could not +proceed without a sheriff and returned to his own proper jurisdiction. The +people in attendance and the residents of Butler held a meeting and +adopted a resolution requesting resignations from all public officials. +More cautious men dissuaded the leaders from promulgating the resolution, +and a movement started to have meetings in all the precincts and +delegates to a county meeting chosen. This project was successfully +accomplished, and the county meeting adopted a resolution which had been +adopted at a meeting in Sumter county. But in the interval between the +impromptu gathering and the regularly-organized county meeting most of the +officials had taken time by the forelock and anticipated the request that +they vacate the offices. The resolution adopted declared devotion to law +and order and opposition to any violation thereof, but recited the fact +that the objectionable officials held office, not by choice of the people, +but contrary to their will; that the officers had demonstrated their +incapacity to enforce the laws, and, therefore, in the interest of the +public they should resign. + + + + +CHAPTER FIFTEEN + +FOILED THE KU KLUX + + +Throughout the reconstruction period there was less lawlessness in Hale +than in the counties adjoining, and overthrow of the radical +administration was effected without bloodshed. + +January 19, 1871, in the wee sma' hours, a cyclops and his retinue of +seventy unceremoniously called at Judge Blackford's apartments to pay +their respects. The call was intended as a sort of "surprise party"; but +coming events had cast their shadows before, and those shadows were as +premonitions of an early nocturnal visit, and the judge was "not at home." +He was cautiously domiciled in a room adjoining his office, in another +part of town. Here, in the embrace of Morpheus, perhaps reveling in dreams +of a blessed land beyond the jurisdiction of the Grand Wizard, he was +aroused with the cry of "Ku Klux!" by an alert negro, who had hastened +from the judge's home to apprise him of the presence there of the +unwelcome visitors. The alarm was not premature, for the horsemen were +hotfooting in the wake of the negro and reached the office almost as soon +as he. The judge needed no repetition of the dreadful tidings. His +transition from Dreamland to earth was instantaneous, and his plunge in +dishabille through an open window was a disappearing act worthy of +reproduction on a dramatic stage. The weird sound of a whistle close at +hand broke discordantly into the sweet concert of frogs, katydids and +other melodists of the nights and accelerated the speed of him who sought +asylum and ghostly solitude in the boneyard in the depths of the forest. + +Recounting the thrilling incidents of that awful night, and his sojourn of +three nights in the gruesome refuge, Dr. Blackford, expressed bitter +resentment of the rude treatment to which his glossy tile, which he +abandoned in vanishing through the window, was subjected by the klansmen; +they placed it on the end of a staff and bore it as a sort of mock pennant +at the head of the cavalcade. Often trivial incidents, if ridiculous or +amusing, eclipse those that are grave. It was so in the Eutaw riot, when a +"plug hat" diverted dangerous men from an unlawful purpose,--but that is +another story, and will be told in due time. + +For the next few days, Dr. Blackford camped at night and returned to his +office in the morning. According to his own statement, a prominent +Confederate general took him to his quarters in a hotel and promised him +protection temporarily. One evening, in general conversation, the subject +of the Ku Klux was broached, and the host imparted to his very receptive +guest much information thereon. The klans pervaded the country, and were +better organized than the Confederate army had ever been. There was no +escape for a proscribed man if he should tarry when ordered to be on the +move; when they dealt with a man, a klan from some other county or state +did the work, and all residents could be seen pursuing their accustomed +walks. "You are watched," he said, "day and night, and your whereabouts +cannot long be concealed. On that night when the Ku Klux were after you, +not more than one or two persons in the vicinity had knowledge of their +coming." + +[There were at that time in Greensboro two distinguished Confederate +generals, Forrest and Rucker, engaged in building the Selma and Memphis +Railroad.] + +Judge Blackford conferred with some prominent citizens, and at his request +they consented to purchase his property on condition that he resign and +betake himself to other parts. After prolonged negotiations, the +arrangement was effected. Governor Lindsay appointed as Blackford's +successor to the probate judgeship Mr. James M. Hobson, father of +Congressman Richmond P. Hobson. Dr. Blackford, with his grievances, +repaired to Washington, where an emollient in the form of a special agency +of the Postoffice Department diverted his thoughts from the enemies he had +left behind. + +The details of Dr. Blackford's statement of information derived from the +Confederate general should be taken with a grain of salt, because his +memory was not accurate. In Washington he testified in regard to another +occurrence in Greensboro, and General Blair's inquisitiveness exposed the +infirmity referred to. + +He said the citizens regarded the soldiers "as a set of niggers and +offscourings of creation" whom they could "buy with two dollars and a +drink of whisky," and make them do their will. Then he related that "while +probate judge" there was an election in Greensboro, and soldiers in charge +at the polls got drunk and changed negroes' votes. He interfered, and one +of them asked: "What the devil have you got to do with it?" The doctor +replied: "I have simply this much, I am the presiding officer here of this +county; I propose to keep the peace and enforce my rights as the presiding +officer of the county, and I will deal with you myself if you do not +leave." The valiant doctor then drew a pistol and said, "If you do not +leave here now, I will shoot you." Comrades of the obstreperous soldier +interposed and bore him away, leaving the doctor in serene enjoyment of +his rights as "presiding officer of the county." After he had testified +further at considerable length, Senator Blair suddenly projected himself +into the inquiry with the question: + +"On what occasion was it you drew your pistol upon a United States soldier +and told him you would shoot him if he would not desist?" + +"It was on the day of the election." + +"What election?" + +"For the constitution; the day we voted on the constitution, I think that +was the day." + +"What office did you hold then?" + +"No, sir; it was not the day of the constitutional election; it was the +day on which the election, I think, of officers took place, and I know +that I was--or at least my impression is that I was probate judge at the +time; that is my impression, that I was probate judge at the time." + +"The officers were elected on the same day the constitution was voted on. +So you could not have been a probate judge until you were elected and +commissioned." + +"No, sir; my impression is, that it was after I was probate judge that +that occurred. I think I told him that by virtue of the office that I +held, if he did not desist from this--I know that was my assertion to the +soldier." + +"Was that a proper act for an officer, a conservator of the peace?" + +"I do not know that it was, but the acts of violence going on, I thought, +demanded it, and the sheriff of the county had left,--and left these +soldiers there to do just what they pleased, and they were drunk; and when +I asked them several times to desist from this thing, and this fellow +clapped his hand on his pistol,--and I had a large derringer in my pocket, +and I told him he should do it." + +"You drew your pistol on him?" + +"Yes, sir; I drew my pistol." + +"Was it your duty to arrest him?" + +"Perhaps it might have been, sir. I did not think so; in the midst of that +excitement, I did not think so, sir." + +"If a peace officer set such examples, they cannot complain that they are +followed by others." + +"Yes, sir; that may be all true, but the peace officers had all forsaken +me and I was there, either to let the election go by default or else to +pursue that course,--and I resolved on that to get him away from there." + +"Would not the course have been just as effectual if you had arrested him +in the name of the law?" + +"I think the parties around him would have resisted arrest." + +"Would not they have equally resisted your firing upon him?" + + + + +CHAPTER SIXTEEN + +IN TUSCALOOSA + + +Two young men belonging in the hills of Tuscaloosa county, were journeying +in a wagon, bound homeward from a trading trip to Northport (across the +river from Tuscaloosa). Passing a negro lad, they jestingly pretended that +they would kidnap him. In alarm, the boy fled to his home and informed his +father that he had been mistreated; and the man armed himself with a gun +and pursued the unconscious young men. Overtaking them, he leveled his gun +menacingly and cursed the unarmed and defenseless white men. That night +they, with some friends, repaired to the negro's house to chastise him. He +had assembled a number of armed friends in anticipation of an attack. He +had loosened some of the flooring, and through the opening thus provided +crawled to the edge of the house, and, emerging from this position, crept +unperceived to the near-by bushes. While the whites were parleying with +the inmates of the house, he discharged both barrels of his gun, and young +Finley fell dead. Shots from the house succeeded. Attacked front and +rear, the whites withdrew in disorder. News of the occurrence quickly +spread far and wide. + +Next day one of the negroes implicated was caught and killed. Later, +another, who had been captured and incarcerated in jail at Tuscaloosa, was +taken therefrom by a band of men and executed. The ringleader escaped +temporarily. Twice in pursuit of him steamboats were stopped and searched. +The fugitive had been on one of them, but debarked at one of the landings. +About twelve months after the unsuccessful chase, the fugitive was traced +to a plantation in Hale county, where the habit of wearing a heavy +revolver even while at field work rendered him an object of suspicion, and +caused an investigation which revealed his identity. His dead body, weapon +in hand, was found one day on the roadside, and his taking off was +associated in the minds of the people with the brief visit to that +neighborhood of two white men, who departed in the direction of Tuscaloosa +county. Consequences of this affair were a change in the office of +sheriff, recall of troops, and other tragedies, but the ultimate effect +was a better understanding between the races. + + + + +CHAPTER SEVENTEEN + +A SERIES OF TRAGEDIES + + +In Sumter county affairs were approaching a climax when Enoch Townsend, a +negro, about dark one evening waylaid and repeatedly stabbed Mr. Bryant +Richardson, a planter, and fled after Mr. Richardson, despite his wounds, +bravely struggled to overcome his assailant. A warrant for the arrest of +the assailant issued, and officers sought him on the plantation of Dr. +Choutteau. + +Choutteau was of French descent and migrated to Sumter from Louisiana, +where, it was rumored, he had been involved in serious trouble. He is +described as a swaggerer. During his early residence in Sumter he +expressed intense dislike of freedmen and lost caste with the whites by +seriously advocating wholesale poisoning as a means of relieving the +county of the surplus of its negro population. Later he yielded to the +temptation of office, and identified himself with the league and gained +odious notoriety by his radicalism. He had constantly about him at his +plantation armed negro guards; the league met there and picketed the roads +thereabout. At length he became intolerable. + +To this plantation officers with the warrant of arrest repaired and +searched the cabins in the negro quarters. After the search was nearly +completed, a negro scrambled from the chimney of a cabin to the roof, +sprang thence to the ground and fled. Disobeying the summons to halt, he +was fired upon by the posse and killed. Poor fellow! he was the wrong man, +and no one ever learned why he acted so like a criminal. The dead man +proved to be Yankee Ben, president of the Loyal League at Sumterville. +(The fugitive Townsend was arrested by two law-abiding freedmen and lodged +in jail at Livingston.) + +The killing of Yankee Ben excited the negroes, and a meeting was called at +Choutteau's place for the purpose of formulating plans to avenge it. Sixty +armed negroes assembled accordingly on Saturday, but were dispersed. On +Monday one hundred and fifty met at Choutteau's. Simultaneously, twelve +white men went there to hold an inquest on the remains of Yankee Ben, +which had previously been interrupted by the proceedings narrated. On the +latter occasion Choutteau refused to permit an inquest unless by a jury +composed of negroes. In this his dusky adherents supported him, and were +insulting in demeanor. One hundred whites reinforced the jury and +scattered the negroes. Thereupon Choutteau withdrew his objection. +Moreover, he promised that if permitted to remain on his place undisturbed +for a few days, he would leave the neighborhood, adding that he had for +some time contemplated the move. He was told that what he purposed to do +was unnecessary, and that he was required only to cease his turbulent +practices. + +Choutteau moved to Livingston, and shortly afterward his plantation house +was destroyed by fire. He then posed as a victim of Ku Klux incendiarism, +magnified his losses, memorialized the legislature for reimbursement, +published exaggerated stories of the occurrence, and vociferously +threatened revenge. He was regarded as a menace to the safety of the +community in which he had taken up his residence. + +Shortly after midnight August 13, 1869, his house was attacked by a small +band of men, who forced an entrance into the hall. Doors on each side gave +entrance to sleeping quarters, and an invader broke out a panel of one of +them, struck a match and thrust his face into the opening. A gun was fired +from within the room and the man fell to the floor. The weapon was +discharged by a German named Coblentz, whom Choutteau had hired as a +guard. The intruder's head was blown to pieces, and the entire brain, with +one hemisphere intact, together with the mask the unfortunate had worn, +was found on the floor next morning. When the victim fell back from the +door, a comrade sprang to the vacated place and fired several shots at +Coblentz, inflicting wounds from which he died an hour or so later. +Believing they had killed Choutteau, the band departed, taking the fallen +comrade. Blood drippings marked for some miles, to the river, the trail of +the retiring invaders. The negro ferryman testified that they ferried +themselves over the stream. + +The dead man's identity was never disclosed to the public, but there was a +rumor that he was a young doctor, and that his remains were interred by +companions, who sent to his home his watch and other valuables which he +had about his person, with information regarding the place of burial. In +some unhappy home, a mother, wife or other loved ones long mourned the +fate of him who had died so tragically. Choutteau did not tarry. He was +given employment in Washington, and disappeared from view. + +The party which visited Livingston that fateful night divided and a +detachment went to the house of George Houston, one of the negro +legislators. When the firing began at Houston's home, someone sprang from +a window and fled to the brush. Thinking it was Houston and that he had +escaped, this band reunited itself with the others and all departed. It +was Houston's son who escaped. Houston himself was wounded, but recovered, +and left for Montgomery, returning no more. Houston was accused of having +repeatedly uttered the threat that if the whites did not cease their +regulating activities he would have Livingston laid in ashes. + +On August 8, of the same year leading citizens of Livingston received +telegrams advising them that one hundred armed negroes, en route to +Livingston, had stopped at Gainesville, in the same county, and purchased +quantities of ammunition. Very soon thereafter Captain Johnson, commander +of a steamer on the Tombigbee river, telegraphed to Livingston that in +steaming up the stream he had seen groups of negroes on the banks,--all +with guns,--who said they were going to Livingston to attend a nominating +meeting, to be held next day; that they had been ordered to attend with +arms. Another dispatch was received from Eutaw saying that Congressman +Hays had engaged transportation next day for one hundred negroes. + +The white people of Livingston, on receipt of these dispatches, bestirred +themselves and summoned reinforcements from other points. + +The night preceding the day set for the meeting the negroes camped outside +of town. Next day, when they entered Livingston, they were confronted by a +body of white men, who told them they would not be permitted to retain +their guns while in town and must take them back to the camp. The negroes, +after some disputation, on learning that the congressman would not be +present, retired. Burke, the negro legislator and president of the league, +went to the camp and harangued them. He urged them to return to town with +their guns and resist any interference that might be offered. He wrought +them into a state of excitement. + +One negro, Hayne Richardson, refused to lay down his gun, and was shot on +the road some distance out of town. The report of the gun attracted +attention both in town and camp, and suddenly a party of horsemen dashed +toward the latter, firing their weapons. The sudden attack abruptly +terminated Burke's fervid oratory and his audience fled. Some were shot. +Richardson was badly hurt, but escaped and left the county. The following +night twenty horsemen surrounded Burke's dwelling. He escaped from it and +fled, under fire. Early in the morning his body was found stretched in a +path leading to the dwelling of his former master. + +Price, the man of multifarious official employment, called the meeting, +and the negroes who testified in the investigation said that his runners +told them he directed that they attend with guns. Price took final leave +of Sumter before the shooting commenced. + +Congressman Hays said he was prevented from attending by sickness of a +member of his family. He disavowed any responsibility for the negroes +going armed. "I only want to state this," he said, while testifying in +Livingston, "in connection with that matter--I do not know that it is +worth stating: that I understood from friends of mine here that there was +a regular mob down there to assassinate me the very moment I got off the +train. I heard that afterward,--that if I had come here, I would have been +killed instantly. If I had been, I would have been killed innocently." + +Congressman Hays was unfortunate in being placed in alleged false +situations. There was another memorable occasion when appearances were +against him, however innocent of evil designs he may have been: + +There was to be a meeting at Boligee, in Greene county, and Colonel J. J. +Jolly, of Eutaw, was invited to address the gathering. The Boligee +Democratic Club sent a committee to Major Charles Hays with an invitation +to discuss jointly with Colonel Jolly the issues of the campaign. The +invitation was accepted. When Major Hays arrived there was gathered a +party of armed negroes. According to his own statement under oath, Hays, +in relating the incidents of the abortive meeting, said that a half-hour +after his arrival "there came some fifteen young men riding up, with +double-barreled guns and a few hounds following them. I saw this +demonstration at once and I came to the conclusion that it was gotten up +for a row." He had been present for a half-hour and was all the time aware +that a crowd of armed negroes was gathered, but said nothing in +remonstrance, but as soon as the party of young white men rode up he +immediately stepped to the door of the building in which he was waiting, +and said to the negroes: "You have come here with guns in your hands, and +you know that I have expressly said to you that I would never speak to you +on any occasion whatever when you brought arms to a political meeting at +any place, and I shall decline to have anything to do with this matter in +any way whatever." Then, turning to the white men, "I hope, gentlemen, you +will excuse me; I'm going home." + + + + +CHAPTER EIGHTEEN + +DISAPPEARANCE OF PRICE + + +Price was the most turbulent and desperate character among the radicals. +One of his own ilk declared that Price had not brought with him even so +much as a carpetbag, but was soon grasping everything in sight. After the +trouble in Livingston, just described, he fled to Meridian, and continued +there to be a disturbing element. + +Lauderdale county, Mississippi, of which Meridian is the capital, and +Sumter county, Alabama, adjoin. A negro of Livingston went to Meridian to +obtain some farm laborers. On his return he reported that he had been +assaulted by disguised negroes, in whose leader he recognized Price. An +officer went from Livingston to investigate, and was assaulted by Price +and others. Price was arrested by the Meridian authorities, and when the +trial was due a number of Alabamians were gathered in that town. The trial +was to be before the mayor. Some of the county and city officials +requested the mayor not to permit the trial to proceed, because if he did +there would certainly be an outbreak. In compliance with the request, the +trial was postponed and Price permitted to escape. He never reappeared +and nothing is known of his subsequent career. But he entailed trouble on +the people, and there was a bloody sequel to his arrest and release. +Negroes held a meeting and resolved that they would repel with force any +future "raids" by Alabamians. After the meeting adjourned an incendiary +fire started, and leading negroes at the scene discharged revolvers +recklessly. This caused much excitement, and some colored men were +arrested and held under guard. Monday morning at eleven o'clock white +citizens met and adopted a resolution asking the mayor to resign and leave +the city. At three o'clock the trial of the negro prisoners began. Many +Alabamians were in town, among them, according to statements, the noted +Steve Renfroe, of Sumter, and Joe Reynolds, of Eutaw ("Captain Jenks"). +The trial or investigation was before a justice named Bramlette. A white +witness concluded his testimony and was about to retire, when one of the +accused negroes, Tyler, insultingly asked him to continue on the stand a +few minutes, as he wished to impeach his testimony with that of some negro +witnesses whom he would introduce. The witness picked up a cane which was +lying on the table and moved toward Tyler. A pistol was fired from the +direction of that part of the room in which Tyler and a number of others +were grouped. Bramlette sank back in his chair, dead. Firing of pistols +became general and there was great disorder and confusion. Clopton, one of +the negroes under arrest and charged with incendiary utterances, was +wounded and thrown from a window of the room, which was in the second +story. He was taken into the sheriff's office, and in the uproar there +killed. Tyler escaped from the building and hid in a shop some distance +away. Pursuers found and killed him. Few doubted that he fired the shot +which killed the justice. + +Excitement continued through the afternoon. Three other negro leaders were +arrested and placed under a guard for protection. Two nights afterward +they were taken from the guards and executed. + +The mayor abandoned his office and left the state. An obnoxious member of +the legislature was sought, but fled and did not return. + +One of the utterances of Tyler at the negro meeting recalled a remarkable +incident in the history of Meridian. In a drunken brawl an Indian +belonging to the Mississippi Choctaw tribe was killed there. A band of his +tribesmen, in a spirit of retaliation, visited Meridian and killed the +slayer. Tyler referred to this action of the Choctaws as an example worthy +of emulation by his people. + + + + +CHAPTER NINETEEN + +RIOTS IN MARENGO + + +In the campaign of 1870, a former slave owner was one of the Republican +candidates for office in Marengo county, and made what was regarded as an +inflammatory speech to negroes gathered at Shiloh, a hamlet, situated in a +section of Marengo county largely populated by negroes. A few white men +were present, and between them and the candidate an angry controversy +arose. The immediate result was cessation of the speechmaking and +dissolution of the meeting. The orator was escorted by white men to a +buggy and departed in safety. He was a pugnacious man and had a record of +at least one victim to attest his prowess in rencontre. Some days later he +repaired to Linden, the county seat, accompanied by two negro men, +ostentatiously bearing a United States flag. There had assembled a great +crowd of negroes, who were, as usual, armed. With him on the platform was +Captain C. L. Drake, the man of many offices, and above them floated Old +Glory. An offensive reference to the disturbance at Shiloh provoked a +quick retort from one of a small group of white men who were listening to +the speech. The orator paused, dramatically removed from his pockets his +watch and purse, and from its fastening a diamond pin, handed them to the +sheriff, with the request that he convey them to the candidate's wife, in +the event of a fatality, drew a pistol, and, remarking that he had been +mistreated and would "fight it out," descended from the platform. Negroes +with guns sprang into double ranks, enclosing him on two sides. The group +of whites promptly seized and disarmed him, and meanwhile white men with +arms were rushing to the scene from all quarters. Somewhere on the +outskirts of the throng a pistol was fired which caused a stampede in that +quarter. The negroes about the platform, confronted by a line of +determined whites, yielded and retired from the scene. Drake fled to his +office and thence to tall timber. The candidate, forsaken by his +followers, asked for protection, and was hurried into a room of the +court-house and locked in with two or three citizens. The angry crowd +outside was clamorous and the beleaguered man, rejecting all suggestions +of plans for flight, himself finally proposed as a means of quieting the +uproar to sign a paper relinquishing his candidacy for sheriff and +withdrawing from politics. Duplicate copies of the paper were drawn up and +signed; he retained one of them, and the other was taken outside and read +to the people. It produced the desired effect. The candidate was placed in +a buggy and, accompanied by an escort, proceeded to his home. And thus +ended "the Linden riot." But the candidate was irrepressible and speedily +repudiated his act of self-abnegation as having been done under +intimidation. + +He spoke at Belmont, a small settlement, and became involved in an affray +with a resident. This created a general disturbance, in which the meeting +was broken up and the negroes sullenly retired from the scene. They +threatened to burn the place, and a white man was shot at from ambush. So +unusually hostile and aggressive were the negroes that warrants issued for +the arrest of certain of their leaders, among them Zeke High. There were +posted notices of a meeting of negroes at Belmont on July 5, 1870. White +men in considerable numbers assembled there on that date, and the meeting +was prudently postponed. A negro was whipped that night, and next night he +assembled at his house, in a dense swamp near the river, a number of armed +friends. A scouting party of whites, seeking information respecting the +purposes of the negroes, approached their stronghold in the darkness of +night; one of them (Melton) entered the yard and was fired at. Melton +dropped to the ground and feigned death to escape another volley. Both +sides, thinking he was dead, ceased firing, and the whites withdrew to +give the alarm. A warrant of arrest was placed in the hands of an officer, +but he was unwilling to attempt to serve it at night. A young man named +Collins, bold and fond of excitement and adventure, volunteered to serve +the warrant and was duly commissioned. Collins, with three companions, +approached the house, but before he had time to summon the inmates to +capitulate, a volley was fired by the latter and Collins sank from his +horse in death. Two of his companions were slightly injured, and the +party, after returning the fire, retired. This occurrence created intense +excitement and indignation. Whites gathered from the surrounding country. +The negroes were greatly reinforced and fortified a position in an almost +impenetrable part of the swamp. Some of the whites favored an immediate +assault, but other counsels prevailed, and the sheriff, with a small +posse, proceeded to the scene and demanded Collins' body. The demand was +refused. Next day the sheriff rode into the midst of the mob and again +demanded the body, and got it. A few hours later the white forces made a +quick and determined forward movement to dislodge the negroes from their +almost impregnable position, and found it abandoned,--the negroes had +disbanded and fled in terror. This terminated "the Belmont riot"; but it +had a sequel in the retributive death of the negro leader, Zeke High, who +boasted that his shot killed Collins. On his own boastful confession High +was arrested and lodged in the Sumter county jail at Livingston. September +29 a party of mounted and disguised men from the direction of Marengo +forced the sheriff to surrender the jail keys, entered the prison and took +High from his cell, conveyed him a short distance away and hung and shot +him to death. This High was a desperate and dangerous character, and even +when seized by his executioners fought ferociously. When the leader +entered the dark cell in which High and three other prisoners were +incarcerated, he was assaulted and struck in the face with a heavy piece +of furniture, the blow dislodging several front teeth. + + + + +CHAPTER TWENTY + +KILLINGS AND RIOTING IN GREENE + + +In 1870 Eutaw, the seat of government of the rich county of Greene, +contained a population of 1,800 or 2,000, and prospered greatly in trade +with farmers in the surrounding country. It was a typical Southern +court-house town,--busy in fall and winter, almost dormant in late spring +and summer. Its men were among the earliest to volunteer for service in +the Confederate armies and latest to retire from that service; they were +also amongst the earliest to organize resistance to carpetbag rule and to +throw off the yoke. + +On the morning of April 1, 1870, the people of Eutaw were shocked when +informed of a tragedy which had been enacted during the night--Alexander +Boyd, county solicitor and register in chancery, had been shot to death by +Ku Klux! At first most persons discredited the gruesome story as an "April +fool" hoax, but incredulity gave place to amazement when the scene of the +awful tragedy was visited. + +Of all the acts attributed to the klan, perhaps none was bolder than the +slaying of Boyd. A bachelor, he had for a long time occupied sleeping +quarters in a detached office building situated in a corner of the +court-house yard; but having received a warning note, he became alarmed +and abandoned these quarters and obtained an apartment on the second floor +of the Cleveland Hotel only a few nights previous to his death. This hotel +was situated on a corner diagonally opposite the court-house, and was the +principal rendezvous of townsmen with a taste for gossip. + +Witnesses at the investigation into the circumstances testified that at +half-past eleven o'clock forty or fifty horsemen, in the regulation garb +and armed with revolvers, their horses robed and hooded, approached to +within a short distance of the hotel, where all except the customary +horse-holders dismounted and quickly and unhesitatingly entered the hotel +office, posted guards at all entrances, and then commanded the clerk to +take up a candle and show them to Mr. Boyd's apartment. Obediently the +clerk led the way until he reached the corridor upon which opened the room +they sought. Pausing here, in his speechlessness he indicated the door by +pointing, and then fled the scene. Within a brief space an agonized +scream, heard blocks away, issued from the room of the doomed man, and +was almost instantly succeeded by a heavy volley of pistol shots. The +panic-stricken clerk had hardly resumed his seat upon the office stool, +with hands to ears and head bowed upon his ledger, when the dread invaders +reappeared in the office. Signaling with whistles the recall of sentinels, +they quietly withdrew, remounted and rode around the square, in military +order, and then departed in the direction from which they first appeared. +[They were traced to the Mississippi border line.] + +After their departure, officials and others repaired to the corridor and +discovered the dead body, robed in night dress, perforated with many +bullets and almost completely drained of blood. Not a shot had missed the +mark. Inside the room a table, bearing a lighted lamp, his revolver and +watch, stood close to the head of the bed. He had not attempted to use the +weapon. Evidently the purpose of his slayers was to remove him from the +building, for one of them carried a suggestive coil of rope, but his +outcry and struggles settled his fate. + +Boyd was a nephew of William Miller, probate judge. Some years before the +war he was convicted of killing a young man named Charner Brown, and +sentenced to a term in the penitentiary. A petition in his behalf was +presented to Governor Winston, and in response thereto the sentence was +commuted to one year's imprisonment in the county jail. Having served the +sentence, Boyd departed for another state. At the close of the war he +reappeared, and, following the example of his uncle, sought office in 1868 +at the hands of the negroes, and was made county solicitor and register in +chancery. He was not distinguished as a prosecutor, but regarded as +indifferent. + +December 9, 1869, Dr. Samuel Snoddy left the village of Union, in the +northern part of Greene county, to return to his farm. Night overtook him +en route, and he became confused. Reaching the cabin of some negroes with +whom he was acquainted, he engaged one of them to pilot him. Early next +morning Dr. Snoddy's badly mutilated remains were discovered on the +roadside. The unfortunate man had been murdered and robbed of a +considerable sum which he had on his person. Sam Caldwell, Henry Miller +and Sam Colvin, negroes, were arrested, accused of the crime, and lodged +in jail at Eutaw. The scene of the murder had become notorious on account +of being a centre of league activities and disorders, and the murder of +Snoddy aggravated the sense of wrong under which the whites had long been +restive; and when, a few days later, the prisoners were released, one of +them on bond, they were seized and executed summarily. Solicitor Boyd, it +was alleged, manifested no zeal in the investigation of the Snoddy murder, +but became exceedingly active in the inquisition in connection with the +subsequent and consequent affair, and exultantly declared that he had +ascertained the names of all the men engaged in it, would send for +soldiers to effect their arrest, and vigorously prosecute them, and if +necessary hold the jury for six months. + +All of these facts were related in explanation of popular displeasure with +Boyd, which revealed itself first in the note of warning and finally in +the taking of his life. Mr. Boyd's tombstone in the Messopotamia cemetery, +Eutaw, erected by Judge Miller, is inscribed: "Murdered by Ku Klux." + +Greene county continued in a state of disorder, which grew worse as the +election approached. + +The Republican state executive committee advertised that on October 25, +1870, Senator Warner, Congressman Hays, Governor Smith and Ex-Governor +Parsons would deliver addresses at the court-house in Eutaw. On that day +the party of visitors, accompanied by General Crawford, military commander +of the department, and others, arrived in town. They were informed that +the Democratic county committee had invited the voters to hear an address +by the Democratic candidate for the legislature, and had chosen the same +time and place. Thereupon the Republican leaders held a conference and +decided to invite the Democratic committee to hold with them a joint +meeting. Accordingly, Judge Miller, Congressman Hays and Mr. Cockrell were +commissioned to convey to the Democratic committee the following note: + +"We propose to appoint a committee of two to meet a committee of two from +your party, to arrange the terms of a discussion for the day, to meet +immediately at the circuit clerk's office." + +To this note the following reply was sent: + +"Gentlemen,--In answer to your note of this date, we, the committee +appointed by the president of the Democratic and Conservative Council of +Greene county, are instructed to say, that we do not consider the +questions in the present political canvass debatable, either as to men or +measures; and we therefore, in behalf of the Democratic and Conservative +party of Greene county, decline any discussion whatever. + + "J. J. JOLLY, + "J. G. PIERCE, + "_Committee_." + +This reply was ominous. So apprehensive were the leaders that Congressman +Hays, who was exceedingly unpopular, decided, with the concurrence of the +others, that it would be safer if he should refrain from speaking. The +garrison troops were quartered a half-mile away from the court-house, and +Governor Smith requested General Crawford to have the entire body brought +to the court-house; but after conference with the sheriff, the general +concluded that a detachment posted two blocks distant would be a +sufficient safeguard. + +Immediately after the note of reply was sent, the Democrats called their +meeting to order on the north side of the court-house, and soon thereafter +the Republicans assembled on the south side. The Democratic meeting lasted +only a short time, and at its conclusion the auditors repaired to points +where they could listen to the Republican orators. + +Corridors run through the court-house, crossing each other in the centre +of the building. These spaces were thronged by white men. + +For the accommodation of the Republican speakers, an improvised platform, +formed of a table, was placed against a window opening from the clerk's +office. All of the Republican visitors and local officials occupied chairs +in this office. By request of Senator Warner, the office door was locked +from the inside, in order, as said, that "whatever danger there might be +would be in front." + +Senator Warner spoke without unusual interference. Ex-Governor Parsons +followed and was listened to attentively. When he retired through the +window, the negroes called for Congressman Hays. A Democrat, Major Pierce, +approached Governor Parsons, who was seated inside near the window, and +advised him to restrain Hays. Parsons, in response, endeavored to attract +the attention of Hays, who had mounted the platform with the intention, as +he subsequently testified, not to deliver an address, but merely to +dismiss the audience. If this was true, his purpose was misunderstood, for +the table was suddenly tilted and Hays precipitated. As he fell a pistol +was fired, and the ball passed through Major Pierce's clothing. Some +witnesses testified that Hays fired it, and Parsons afterward admitted +that Hayes was armed with a derringer; others, that the shot came from the +direction in which the negroes were massed. However this may be, there was +an impulsive forward rush by the negroes, and, as Warner admitted, they +had weapons in their hands. + +The first shot was instantly succeeded by a volley from the corridors, and +the onrush was halted. Suddenly, in a resonant voice, someone in a +corridor shouted: "Go in, boys, now is your time!" Continuous firing +followed, and the negroes fled in great disorder, leveling the stout fence +which enclosed the yard, a few discharging pistols as they fled. + +Even in this grave situation there was an amusing incident. In his +testimony before an investigating commission Senator Warner, describing +the riot, related it accurately. Beaver hats were not worn in Eutaw at +that period. Mr. Parsons' attire was similar to that of Quakers and +included a light-colored beaver hat. Senator Warner's tile was +conventional, black and glossy. "I caught up the papers in my hands," he +said, "and walked very deliberately to the right, in order to get out of +the way of the firing. There came from the right-hand side of the +court-house a pretty good line of men, thirty or forty, I should think. +They came around all together, and formed a tolerable line across from the +corner of the court-house to the fence, and commenced firing on the +negroes, who had broken down the court-house fence and were fleeing as +fast as they could. These men cocked their revolvers and fired upon them +as rapidly as they could. I looked at them for a moment, and then walked +up to them as they were firing. I saw some colored men falling on the +grass and then scrambling up and moving off. I walked up to these men and +held up my hand in a deprecating manner, and said, 'For God's sake, stop +this!' One of them who was nearest to me turned around and cast a kind of +defiant but yet somewhat surprised look at me. One of them leveled his +pistol upon us, Governor Parsons, Mr. Brown and myself; he was standing +about the length of this table distant from us. He leveled his pistol at +Governor Parsons. The governor said: 'For God's sake, don't shoot at me; I +have done you no harm.' The crowd stopped firing and turned their +attention to us. Just at that instant the sheriff came around with his +arms spread out, and said: 'Stop this! stop this!' The man stopped for a +moment and seemed to be deliberating whether he should shoot Parsons. He +then saw Mr. Hays on my right; turning a little to one side to avoid me, +he threw his pistol down upon Hays and Mr. Brown, who were both together, +and tried to shoot them. They both sprang behind me; I saw them getting +behind me and squatting on the ground to avoid his fire. By that time the +negroes had been driven out of the court-house yard and across the street, +where they had stopped and turned, and began to fire back. A few were +firing back. Just at that moment I heard somebody call out, 'Boys, hold +your fire!' The firing then ceased. I started and walked through the +crowd, right among them. I suppose there were forty or fifty of them, all +standing there with their revolvers in their hands, smoking, as they had +been firing. Just as I was getting out of the crowd somebody from behind +struck at me and knocked my hat off; I just felt the blow on my head, but +I could not tell who it was, for when I turned around his hands were +dropped, whoever it was. I guess it was pretty lucky I did not know, for +the blow aroused me a great deal, and I am afraid I should have lost my +self-possession. I turned around to pick up my hat, when another man +kicked it; then another kicked it; and then the whole crowd, one after +another, played football with it and kicked it across the yard. I started +back to get it, when a man by the name of Dunlap, a Democrat, who seemed +to be in accord with the party there, walked up to me and took me by the +arm in a friendly sort of way, and said, 'General, you had better get away +from here or you will get hurt!'" + +The senator's hat furnished diversion at a critical moment, and in all +probability was the means of saving his life and the lives of his friends. +There had been firing from the clerk's office, and Mr. Cowan (one of the +actors in the Greensboro tragedy mentioned in an earlier chapter), was +slightly grazed on the left thigh. He was brandishing a pistol and calling +to the white men to rally about him, and standing near a window of the +clerk's office. He believed that he was made a target by a prominent +Republican who was in the office. Two other white men, near Mr. Cowan, +were struck by missiles from the negro ranks just before they fled from +the yard. Some of the party with or about Senator Warner had, a moment +before the scene described by him, emerged from the office and were +retreating to the Cleveland hotel, and a determined group of men, +including Reynolds, with a shotgun, were pursuing them when the fun with +the hat commenced. While it was yet in progress, the soldiers wheeled +around the nearest corner and rescued the imperilled Republican leaders. + +Meanwhile the negroes, having fled in two directions to points where they +had guns concealed in wagons, secured these arms and resolutely moved back +toward the scene of their rout. They were aware of their preponderating +numbers, and counted on the sympathy of the soldiers. Those on Prairie +street had not proceeded far when they encountered a squad of mounted men +commanded by the marshal and a few sharpshooters posted behind trees in +private yards, who speedily checked their advance. At the intersection of +the two streets which were scenes of reviving combat a line of white men, +armed with guns, all men of tested courage, was formed to prevent a +junction of the two bodies of negroes. Just then the soldiers, at +double-quick, made their appearance and were halted opposite the line of +armed citizens. After a brief hesitation, the officer gave the command to +move and the soldiers proceeded down Prairie street. The negroes quickly +lost courage and retreated, and before long none could be seen within +miles of the town. And so ended the Eutaw riot, in which, according to the +local newspaper, the _Whig and Observer_, and the testimony of witnesses, +54 men were shot, and from 250 to 300 white men and from 1,800 to 2,000 +negroes were engaged. The number of wounded was probably exaggerated. + +The pistol shot which followed so quickly the rude interruption of Hays' +remarks was not the real cause of the riot; it was but the signal for the +opening of a conflict which had been impending for some time, and it gave +vent to indignation which had been suppressed with difficulty. The +explanation is found in earlier occurrences. + +In October the white people of Greene county were much disturbed by rumors +that a number of bands of negroes had been drilling with arms in parts of +the county where plantations were largest and the negro population +densest. A country store was burned by incendiaries, and threats were +made that the several bands would be consolidated and Eutaw attacked by +the combined force. + +Lieutenant Charles Harkins, commanding the detachment of troops +garrisoning the town, reported to his superior officer at Huntsville as +follows: + +"I have the honor to report that on the evening of the 19th instant, +reports were brought to this town, by both colored and white men, to the +effect that a band of armed colored men intended burning the town that +night. The rumor seemed to be generally credited by the citizens, which +caused great alarm and excitement. Armed parties of citizens were +immediately formed, under the direction of the sheriff, and patrols and +pickets sent to the suburbs of the town, where they remained all night. No +demonstration was made by the colored men, if they had any such intention, +which I am inclined to doubt. The excitement has abated, but there is +still a feeling of distrust and anxiety among all classes. + +"The real facts of the case, and cause of the present alarm, I believe to +be as follows: The colored men and Republicans generally of this county, +feeling aggrieved at the many murders and outrages perpetrated on men of +their party by the Ku Klux organization, have determined to protect +themselves in future and have banded together for that purpose only, not +to assume the offensive, or interfere with the peaceful, law-abiding +portion of the community." + +The relation of cause and effect in this thwarted conspiracy to destroy +Eutaw and the riot which followed so soon is indisputable. The trend of +Lieutenant Harkins' sympathies is equally plain. He was inclined to doubt +that the banded negroes intended to burn the town, but readily intimated +that they had provocation in "the many murders and outrages perpetrated on +men of their party by the Ku Klux organization." Not a word is there in +the report concerning the burning of the store, nor of the fact that +refugee white families from the widely-separated plantations were moving +into Eutaw for protection against the menacing bands of negroes, nor that +the "patrols and pickets" were necessary precautions not of one night +only, but of three nights, and served to deter the negroes from +prosecuting their design. + +The prompt action of the whites in driving the negroes out of town on +October 25 would seem precipitate and unjustifiable if not considered in +connection with the facts just recited. Nearly two thousand negroes +attended that meeting, and they took with them guns, which were secreted +in wagons at the foot of Prairie street. They were aware that the +commanding officer of the garrison was in sympathy with them, and that +they would encounter only a small body of white men should there be a +collision. No doubt they counted much on the presence of the radical +governor of the state, the military commander of the department, a senator +and a congressional representative, all in sympathy with them, and all +smarting under indignities received only a few days before at a meeting in +an adjoining county. + +The white men remembered the nights of anxiety for the safety of the women +and children and property of the town, and realized the danger of the +situation in which they were placed by the group of official Republicans +who heedlessly and recklessly assembled thousands of negroes who had so +recently been frustrated in a design to obtain revenge for punishment +administered to evildoers of their race. Those white men had courage and +resolution to meet the emergency, and they met it promptly and terribly. +And they taught a lesson for which there has never since been occasion for +repetition. + + + + +CHAPTER TWENTY-ONE + +RESTORATION OF WHITE SUPREMACY + + +The state election in 1870 resulted in a victory for the Democratic and +Conservative party, but there was a persistent effort to deprive that +party of the fruits of victory. There was instituted on behalf of the +incumbent governor and treasurer a proceeding in the chancery court to +enjoin the presiding officer of the senate from counting the votes for +candidates for those two offices. The legislature met November 20, and the +law required that the vote be counted, with the two houses assembled +jointly, within the first week. In the proceedings instituted, Governor +Smith alleged irregularity in the election. The judge of the circuit court +refused to grant an injunction, on the ground that the legislature could +not be enjoined by a court. It was then filed with a supreme court judge. +It prayed that the presiding officer of the senate be restrained from +counting the vote until the legislature could provide rules by which the +proposed contest should be tried. Judge Saffold, as chancellor, granted +the injunction. Lieutenant-Governor Applegate was dead, and Barr, an Ohio +man, was presiding. The injunction was served on Barr, and he very +cheerfully obeyed it. + +There are some interesting facts in relation to this senate. The radical +constitution gerrymandered the senatorial districts, in some instances +apportioning a senator to a single county; in others, a senator to a group +of three or four counties, with nearly threefold greater population. + +The constitution provided that representatives in the legislature should +be elected for two years, and senators for four years; that one-half of +the seats of senators first elected (in 1868) should be declared vacant at +the end of two years, thus providing for continuation of a certain number. +In accordance with this provision, at the session in November the question +whether the senators should draw for the long and short terms was +discussed; nobody wished to vacate his seat, and by hocus-pocus they +reached the conclusion that all should hold over. Consequently, one-half +of them sat four years and the others for six. This procedure contributed +much to the complication of affairs. This senate connived at the attempt +to prevent the count of returns. + +At noon on the last day of the week the two houses assembled and Barr +proceeded to count the returns for other officers, declaring that for +Lieutenant-governor E. H. Moren had received a majority of the votes cast +at the election; that for secretary of state J. J. Parker had defeated J. +T. Rapier; that W. A. Sanford had defeated Joshua Morse in the race for +attorney-general; that Joseph Hodgson succeeded N. B. Cloud as +superintendent of public instruction. These winners were all Democrats. As +soon as he had declared these results. Barr and the radical senators +withdrew. Lieutenant-Governor Moren then appeared, took the oath of +office, assumed the chair of the presiding officer, and directed that the +returns for governor and treasurer be brought in. This being done, he +proceeded forthwith to count them and declared that Robert B. Lindsay, for +governor, and James F. Grant, for treasurer, had received majorities, and +to proclaim them duly elected. These officers were sent for and sworn in. +Consternation seized the Republican leaders. They were caught in their own +trap, for the injunction had been served on Barr and he had qualified his +own successor in the person of Dr. Moren, who as lieutenant-governor was +unaffected by the injunction. Lindsay lost no time in demanding possession +of the office, but Smith refused to yield and had federal soldiers +guarding all entrances to the offices of governor and treasurer. + +Judge J. Q. Smith went from Selma to Montgomery, and before him Lindsay +and Grant instituted proceedings, demanding that the seal and all books +and papers and other property pertaining to the offices of governor and +treasurer be delivered to them, respectively. The proceedings lasted +several days. Meanwhile, Montgomery was fast filling up with young men, +strangers in the community, and there were rumors that bodies of men in +near-by towns were awaiting summons to the capital, and that locomotives +with steam up and cars attached, ready for service, were side-tracked at a +number of stations. Judge Smith's court-room was daily crowded with +strange men. Excitement was intense. + +Lindsay in his complaint alleged that he was the qualified successor of +Governor Smith; that he had made a demand upon him for the books, papers +and paraphernalia of the office of governor, and that Smith refused to +deliver them. The trial was set for three o'clock in the afternoon, and +Governor Smith was ordered to appear in person in court and show cause why +he should not be compelled to deliver the property demanded. Governor +Smith did not like the appearance which Montgomery had assumed, nor did he +relish the necessity of appearing in that court-room and before that +audience contesting the right of the people's representatives to assume +the offices to which they had elected them, nor the certainty that as soon +as judgment should be given against him an order for commitment to custody +would issue. Accordingly, he had a conference with General Pettus, and +soon thereafter announced that he "would yield, upon the ground that, +although he was satisfied he was fairly and lawfully re-elected, his +continuance of the litigation and the contest in the palpable excitement +that surrounded the whole matter would tend to disturb the public peace; +and the detriment to the material interests of the people of the state +would be infinitely greater than the possession of the office itself by +any particular man could possibly compensate." + +Thus negro domination in Alabama was overcome. + +And the Ku Klux rode no more. + + + + + + +End of the Project Gutenberg EBook of When the Ku Klux Rode, by Eyre Damer + +*** END OF THIS PROJECT GUTENBERG EBOOK WHEN THE KU KLUX RODE *** + +***** This file should be named 35771-8.txt or 35771-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/5/7/7/35771/ + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: When the Ku Klux Rode + +Author: Eyre Damer + +Release Date: April 5, 2011 [EBook #35771] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK WHEN THE KU KLUX RODE *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + +</pre> + + + + + +<h1>WHEN THE KU KLUX RODE</h1> +<p> </p><p> </p> +<div class="figcenter"><img src="images/img01.jpg" alt="" /></div> +<p> </p><p> </p> +<p class="center"><span class="huge">WHEN THE<br />KU KLUX RODE</span></p> +<p> </p> +<p class="center">BY<br /> +<span class="big">EYRE DAMER</span></p> +<p> </p> +<div class="figcenter"><img src="images/img02.jpg" alt="" /></div> +<p> </p> +<p class="center">NEW YORK<br />THE NEALE PUBLISHING COMPANY<br />1912</p> +<p> </p><p> </p> +<p class="center">Copyright, 1912, by<br />The Neale Publishing Company</p> + + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span></p> +<h2>INTRODUCTION</h2> + +<p>This work is undertaken with the wish to gratify a popular desire for +addition to the scant literature relating to the Reconstruction Era and +that most remarkable organization of modern times—begotten of conditions +unparalleled in history, conditions which can never recur, and vanishing +with the emergency which created it—the militant Ku Klux Klan. Only one +writer has ventured far into this field of research, which until then +seemed forbidden, and in his contribution to history, fact and fiction are +so interwoven as to be almost indistinguishable. But the widespread and +intense interest manifested in his revelations of the origin and purposes +of the Klan indicates that the present generation eagerly imbibes +knowledge of the sacrifices and achievements of the men who in the awful +crisis of reconstruction, and against almost insuperable obstacles, +rescued the commonwealth from the control of corrupt adventurers and +ignorant freedmen, and established orderly government, without which the +subsequent marvelous development of natural resources<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> and advancement in +education which have placed the state in the forefront of progress would +have been impossible. This evident interest encourages the hope that a +simple narrative of facts connected with the struggle in that part of the +Black Belt of Alabama which formed the Fourth Congressional District, by +one who was in the midst of it and a close observer, will receive a +welcome.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span></p> +<h2>CONTENTS</h2> + +<table border="0" cellpadding="0" cellspacing="5" summary="table"> +<tr><td> </td><td align="right"><small>PAGE</small></td></tr> +<tr><td><span class="smcap">Chapter One—Provisional Government</span></td><td align="right"><a href="#Page_9">9</a></td></tr> +<tr><td><span class="smcap">Chapter Two—Native Government</span></td><td align="right"><a href="#Page_14">14</a></td></tr> +<tr><td><span class="smcap">Chapter Three—Military Government</span></td><td align="right"><a href="#Page_19">19</a></td></tr> +<tr><td><span class="smcap">Chapter Four—A Grave Problem</span></td><td align="right"><a href="#Page_26">26</a></td></tr> +<tr><td><span class="smcap">Chapter Five—The Freedmen’s Bureau</span></td><td align="right"><a href="#Page_34">34</a></td></tr> +<tr><td><span class="smcap">Chapter Six—Military Regulations</span></td><td align="right"><a href="#Page_38">38</a></td></tr> +<tr><td><span class="smcap">Chapter Seven—The Union League</span></td><td align="right"><a href="#Page_47">47</a></td></tr> +<tr><td><span class="smcap">Chapter Eight—A Republican Blunder</span></td><td align="right"><a href="#Page_51">51</a></td></tr> +<tr><td><span class="smcap">Chapter Nine—Carpetbag Government</span></td><td align="right"><a href="#Page_54">54</a></td></tr> +<tr><td><span class="smcap">Chapter Ten—Ruinous Misgovernment</span></td><td align="right"><a href="#Page_74">74</a></td></tr> +<tr><td><span class="smcap">Chapter Eleven—The Whites Aroused</span></td><td align="right"><a href="#Page_84">84</a></td></tr> +<tr><td><span class="smcap">Chapter Twelve—The Ku Klux Klan</span></td><td align="right"><a href="#Page_90">90</a></td></tr> +<tr><td><span class="smcap">Chapter Thirteen—A Miscarriage</span></td><td align="right"><a href="#Page_99">99</a></td></tr> +<tr><td><span class="smcap">Chapter Fourteen—A Convention Supplements Ku Klux</span></td><td align="right"><a href="#Page_105"><ins class="correction" title="original: 104">105</ins></a></td></tr> +<tr><td><span class="smcap">Chapter Fifteen—Foiled the Ku Klux</span></td><td align="right"><a href="#Page_107">107</a></td></tr> +<tr><td><span class="smcap">Chapter Sixteen—In Tuscaloosa</span></td><td align="right"><a href="#Page_114">114</a></td></tr> +<tr><td><span class="smcap">Chapter Seventeen—A Series of Tragedies</span></td><td align="right"><a href="#Page_116">116</a></td></tr> +<tr><td><span class="smcap">Chapter Eighteen—Disappearance of Price</span></td><td align="right"><a href="#Page_124">124</a></td></tr> +<tr><td><span class="smcap">Chapter Nineteen—Riots in Marengo</span></td><td align="right"><a href="#Page_127">127</a></td></tr> +<tr><td><span class="smcap">Chapter Twenty—Killings and Rioting in Greene</span></td><td align="right"><a href="#Page_132">132</a></td></tr> +<tr><td><span class="smcap">Chapter Twenty-One—Restoration of White Supremacy</span></td><td align="right"><a href="#Page_148">148</a></td></tr></table> + + +<p><span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span></p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span></p> +<h2>WHEN THE KU KLUX RODE</h2> +<p> </p><p> </p> +<h2>CHAPTER ONE</h2> +<p class="center"><span class="big"><span class="smcap">Provisional Government</span></span></p> + +<p>In a proclamation which issued on May 10, 1865, the president of the +United States declared the Civil War at an end. April 9, the date of +General Lee’s surrender, was recognized as the date of the actual +termination of the war. On May 29, 1865, the president, by proclamation, +directed the restoration of seized private property, except “as to +slaves”; and on June 24, 1865, restored commercial intercourse between all +the states.</p> + +<p>Relying on the promises made by federal generals while Southern armies +were in the field; on the terms arranged between Generals Grant and Lee +and Sherman and Johnston when the Southern armies capitulated, and on the +proclamation of the president,<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> the people of Alabama believed that as +soon as they could in the proper way repeal the ordinance of secession and +comply with other immediate requirements, Alabama and the people thereof +would be restored to their former coequal condition in the Union.</p> + +<p>The real issue of the war had been the right of the southern people to +renounce allegiance to and citizenship in the Union; in its triumph at +arms the United States sustained its contention that there could be no +such renunciation; and consequently the southern people laid down their +arms as citizens of the United States defeated in the attempt at +renunciation. The authorities at Washington could not fairly avoid this +conclusion, and certainly President Johnson reached it instantly.</p> + +<p>That there would be permitted prompt resumption of equal rights, except in +a few cases, was more than hoped for,—it was confidently expected; and +for some time there was no indication that there would be disappointment.</p> + +<p>President Johnson’s attitude toward the southern states encouraged the +hope of speedy restoration of order and a large measure of prosperity. The +president was as generous as Lincoln would have been, had he survived the +conflict. In order that readers may clearly understand the situation as it +then <span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span>existed, a brief explanation of President Johnson’s attitude is +necessary here:</p> + +<p>Immediately following the surrender of the Confederate armies and the +declaration of peace, President Johnson formally stated his view of the +situation to be that the war had neither destroyed nor impaired the Union; +that the southern states had no right to withdraw from the compact, and +having failed by resort to arms to accomplish separation, they emerged +from the strife as they entered it, states and members of the Union, still +possessing their constitutions, laws and territorial boundaries as they +had been prior to the adoption of the ordinance of secession; that the +constitutions and laws of those states, however, must be suspended pending +unavoidable acceptance by the people of the fact that slavery having been +a stake in the struggle, the accomplished abolition of that institution +was irreversible; also, that debts contracted by the states during the war +should be repudiated; that with acquiescence in these requirements the +states should be restored to their former relations with the Union. He +therefore announced as his policy that while the southern states were +adjusting themselves to the change, provisional state governments should +be established as necessary and constitutional agencies; that the citizens +who were included in the proclamation<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> of amnesty, together with those +who, having been leaders in the secession movement, were pardoned, should +participate in the work of restoration; that citizens of the states were +best entitled to fill the public offices, and should be appointed to them; +that the emancipated slaves were not qualified to take part in such work, +nor had the president of the United States power to confer upon them the +right of suffrage, because the determination of their political status was +a function of the states.</p> + +<p>In the light of subsequent events, there can be no doubt that President +Johnson’s views and purposes were wise and statesmanlike, and had they +prevailed, the horrors caused by congressional enactments would not have +afflicted the people, nor would the relations between the races have +become unfriendly, as they did, and continue to be. But, unfortunately, +the embittered and aspiring leaders in Congress were planning at +cross-purposes with the president. His moderate and conservative course, +and scrupulous respect for his oath to support the Constitution, seemed +along in 1866 to have won popular favor; but his indiscreet expressions in +public addresses in western cities created hostility so strong that in the +congressional elections his enemies triumphed over him. By two-thirds +votes in Congress they nullified his vetoes of oppressive legislation; and +in 1868<span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span> the Senate reinstated Secretary of War Stanton, whom he had +during the previous year suspended from office. Out of this transaction +grew the unsuccessful attempt to impeach him. While this attempt failed, +the president’s influence with his party was destroyed and he was +powerless to enforce his beneficent policies.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span></p> +<h2>CHAPTER TWO</h2> +<p class="center"><span class="big"><span class="smcap">Native Government</span></span></p> + +<p>But meanwhile, having announced his policy in reorganizing the southern +states, President Johnson in the summer of 1865 appointed Lewis E. +Parsons, of Talladega, provisional governor of the state of Alabama, and +that gentleman entered upon the discharge of his duties. There was popular +approval of the appointment. Parsons was a native of New York, but long a +resident and practicing lawyer in Talladega, an uncompromising Whig and +Union man, possessing fine abilities and much dignity.</p> + +<p>On July 20 Governor Parsons published a proclamation directing that an +election be held in each county on August 3 for delegates to a state +convention to assemble on September 12, 1865. Accordingly, intelligent and +patriotic delegates were chosen in all the counties, and the convention +met at the capitol in Montgomery, with Benjamin Fitzpatrick presiding. +That convention, dealing with the constitution, abolished the ordinance in +relation to the<span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span> institution of slavery, declared null and void the +ordinance of secession and other ordinances and proceedings of the +convention of 1861; adopted ordinances repudiating the war debt, and +provided for an election for state, county and municipal officers and +members of Congress, and assembling of the legislature on the third Monday +in November, 1865. The convention then adjourned, subject to call of the +presiding officer.</p> + +<p>Worthy of note here is the fact that Alabama, in its sovereignty, and +represented by some of its best citizens, abolished slavery within its +borders. Alexander White, who subsequently was among the first to adopt +“the new departure” (acquiescence in all the measures of reconstruction), +was the only delegate in the convention who voted against the proposition +to make abolition of slavery constitutional; but outside the convention, +Governor Parsons and Samuel Rice, also to become “new departurists,” +concurred with him; while General Clanton, who was the wise and fearless +leader of the Democratic party from its reorganization until the day of +his tragic death, advocated both that measure and the extension of civil +rights to the negroes.</p> + +<p>And also worthy of note is the fact that Judge Brooks, of Selma, judge +Goldthwaite, of Montgomery, and others of unquestioned loyalty to their<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> +people, shortly after in the legislature advocated qualified suffrage for +negroes. This was prior to the advent of carpetbaggers and organization in +Alabama of the Republican party.</p> + +<p>Under this authority, an election was held, and the legislature then +elected assembled on November 20, 1865, and ratified the amendments to the +federal Constitution, excepting the fourteenth. That was regarded as +equivalent to a bill of attainder, depriving vast numbers of the rights of +citizenship without trial. The legislature comprised a majority of men who +had been anti-secessionists—the senate at least two-thirds; but they had +held offices before the war and served the Confederate government. The +legislature rejected the fourteenth amendment; its adoption would have +been political suicide for the members. It enacted a law to protect +freedmen in Alabama in their rights of person and property. The federal +authorities were duly notified of the proceedings, and on December 18, +1865, Governor Parsons received from Secretary of State Seward a telegram +saying that “in the judgment of the president the time had arrived when +the care and conduct of the affairs of Alabama could be remitted to the +constitutional authorities chosen by the people thereof without danger to +the peace and safety of the United States”, and directing him to transfer<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> +to his excellency the governor of Alabama, the papers and property in his +hands. Accordingly, on December 10, 1865, Robert M. Patton, of Lauderdale, +was inaugurated governor, and Parsons retired.</p> + +<p>(Patton was a Virginian, long settled as a merchant in northern Alabama. +As a Whig, he had served in both houses of the legislature and become +president of the senate. In the election of 1865, he defeated Colonel M. +J. Bulger. He was intelligent and painstaking in the discharge of duties. +Patton continued in the office of governor until 1868, several months +beyond the full term, pending action by Congress respecting the results of +the election of that year, when he was displaced by operation of the +reconstruction acts. During his incumbency a federal military commander, +supported by soldiers stationed in the capitol, supervised all of his +appointments and official acts.)</p> + +<p>As evidence of confidence, the legislature elected former Governor Parsons +United States senator for the term ending March 3, 1871. At the same time, +it chose George S. Houstan for the term ending March 3, 1867, and John +Anthony Winston for the term of six years, commencing March 4, 1867.</p> + +<p>At the election in November, 1865, C. C. Langdon was elected to Congress +from the first district: George C. Freemen, from the second; Cullen A.<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> +Battle, from the third; Joseph W. Taylor, from the fourth; Burwell T. +Pope, from the fifth, and Thomas J. Foster, from the sixth.</p> + +<p>Then came early rumblings of the storm that was soon to break. These +chosen men were not permitted to take their seats as representatives, and +the state was not represented in Congress until 1868.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span></p> +<h2>CHAPTER THREE</h2> +<p class="center"><span class="big"><span class="smcap">Military Government</span></span></p> + +<p>March 2, 1867, after two years of peace, Congress passed over President +Johnson’s veto a bill relegating the southern states to the condition of +conquered provinces. A military commander was appointed and authorized to +supersede civil and judicial tribunals by military courts of his own +creation, with power to inflict usual punishments, excepting only death.</p> + +<p>This act was supplemented with another, of July 13, forbidding state +authorities to interfere with the military commander, who was given the +additional power to displace any official and appoint his successor. This +act provided that military rule should cease within a state when a +convention of the people thereof should frame, and the voters adopt, a +constitution ratifying the amendment to the federal Constitution which +conferred the suffrage on negroes, and being otherwise acceptable to +Congress, and when the legislature also should ratify that amendment.</p> + +<p><span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span>The new constitution was to be framed by delegates to be chosen by votes +of all male citizens of legal age, excepting those disfranchised by the +fourteenth amendment; and it was to be ratified by an affirmative vote of +a majority of voters registered under the supervision of the military +commander and his subalterns.</p> + +<p>Under the reconstruction acts of 1867, in April of that year, Alabama +became a part of the department comprising, with itself, the states of +Georgia and Florida. The military commander called a convention to frame a +constitution. At the election for delegates the polls were kept open for +five days. The whites held aloof from it. The gathering of delegates thus +elected was stigmatized as “the carpetbaggers’ convention.” The men who +composed it and framed the constitution were in many cases grossly corrupt +and ignorant.</p> + +<p>As an illustration of the character of the men sent to the convention, +Samuel Hale, a brother of United States Senator Hale, one of the few Union +men and later Republicans resident in Sumter county, wrote Senator Wilson +in January, 1868, a letter protesting against recognition by Congress of +radicals in the south, in which he said that the men who sat in the +convention and framed the constitution were, “so far as I am acquainted +with them,<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> worthless vagabonds, homeless, houseless, drunken knaves”; +that the Sumter delegates were a negro and two whites—Yordy and Rolfe. +Rolfe, he said, left his family in New York and had not seen them for four +years, during which period he had led an immoral life with negroes; that +he was known as the “Hero of Two Shirts,” having left at a hotel in Selma, +as security for an unpaid hotel bill, his carpetbag containing only two +shirts: that his name was not signed to the constitution which he helped +to frame because he was too drunk to write it. These men and Hays and +Price, all strangers, were the only white men in Sumter county who took +part in the election for delegates. As an early indication of future +leadership, at that election Price ordered the negroes to secure their +arms and prevent expulsion from the booth of one of their members who was +vauntingly flourishing a gun. Only intervention by cool-headed whites +prevented trouble. Mr. Hale, in the letter quoted from, stigmatized the +election thus: “As shameless a fraud as was ever perpetrated upon the face +of the earth.”</p> + +<p>Rolfe and Hays were wheelwrights, but their talents found employment in +more lucrative occupations. Rolfe’s first “get-rich-quick” scheme was the +selling to negroes of badges, which he said he was engaged in by order of +General Grant.</p> + +<p><span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span>While agent of the Freedmen’s Bureau Hays defrauded negroes of a thousand +dollars derived from sales of cotton with which they had entrusted him. +That was his disappearing act.</p> + +<p>That convention deprived of the right to vote all men who were proscribed +by the fourteenth amendment from holding office.</p> + +<p>The constitution framed called for an election in February, 1868, to which +it was to be submitted for ratification, and at which time officers were +to be elected. It was submitted under a solemn congressional provision +that if it should not receive in its favor the ballots of a majority of +the registered voters, it was to be considered as rejected.</p> + +<p>The Democratic convention of 1865 entrusted to the party’s state executive +committee, of which General James H. Clanton was chairman, all matters of +policy. When the military order for the convention issued, General Clanton +called into council with the executive committee one hundred of the +leading men of the state. After deliberation, they concluded that the +wisest course for the party to pursue would be to go to the polls and +endeavor to defeat the constitution, but, in view of the possibility of +failure in this, to place candidates in the field, to be voted for under +it. Having agreed on this policy, the council was about to adjourn, when<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span> +the chairman received from ex-Governor Parsons, who was the accredited +agent in Washington of the Democratic party, a dispatch, saying:</p> + +<p>“I am on my way to Montgomery; will be there to-night. Don’t adjourn your +convention; don’t act till I get there.”</p> + +<p>The council waited, and the former governor arrived and delivered a +speech, in which he uttered the memorable sentence:</p> + +<p>“So far as the reconstruction measures are concerned, and this +constitution, touch not, taste not, handle not the unclean thing.”</p> + +<p>He said that this was in accordance with the advice of President Johnson. +Messrs. Samuel Rice and Alexander White supported the ex-governor, and the +council was persuaded to reverse its decision and advise the voters to +refrain from taking any part in the election. Mr. White prepared the +address to the voters.</p> + +<p>Accordingly, the Democratic voters abstained from voting, and only one +Democratic state senator was elected, and he was not endorsed. Negroes in +battalions, armed with muskets and stepping to the beat of drums, marched +to the polls, stacked arms, placed guards about them, and cast their +ballots for the constitution and their candidates.</p> + +<p>The registration of voters for the election of 1868<span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span> was under military +supervision and regulation. Registration was kept open at polling places +up to and including time of election. The registers of voters and election +officers were appointed by military officers, and nearly every register +was a candidate for office. He was given power to reject any applicant for +registration. Soldiers were present at all polling places to enforce the +regulations, which forbade the challenging of illegal voters: citizens +were forbidden under severe penalties to warn election judges or expose +the fact even if they should see a non-resident or minor or repeater offer +to deposit a ballot. Voters were permitted to cast their ballots at any +precinct in the county. Negroes were eligible to all offices.</p> + +<p>The returns of the election disclosed the fact that the majority of the +registered voters had abstained from participation in the election, and +hence the constitution was not adopted by the people—according to the +declaration of the military authorities, lacking 8,000 of the requisite +number of votes. In view of this authoritative declaration, the radical +candidates did not claim the offices to which they had aspired, and the +incumbents for the time being were not disturbed. But, to the amazement of +the people and its own dishonor, Congress in June, 1868, accepted the +constitution as ratified by the people, and recognized<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span> the candidates as +elected officers, and in July they were installed by military power, the +former officers retiring under protest.</p> + +<p>In order that the reader may understand the situation and how poorly +prepared were the people for such a reign, we must go back to the +beginning and note other occurrences which had a direct bearing on that +situation.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span></p> +<h2>CHAPTER FOUR</h2> +<p class="center"><span class="big"><span class="smcap">A Grave Problem</span></span></p> + +<p>At the termination of the war between the sections, the southern people +had thrust upon them for solution the gravest and most difficult problem +with which the white race on this continent was ever perplexed,—how to +preserve their civilization with the government operating in opposition to +their efforts.</p> + +<p>After four years of warfare, the south was prostrate before the victorious +people of the north, whose armies were quartered in garrisons everywhere +in the surrendered territory, to enforce with arms, if necessary, whatever +oppressive and humiliating measures might be conceived in hatred and +vengeance by fanatics whose intolerance had made the bloody conflict +irrepressible, and who were determined to extend and perpetuate the +political power gained by conquest. The means adopted were enfranchisement +of the emancipated slaves and disfranchisement of all white men who had at +all distinguished themselves as leaders, while extending<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> favors to those +who would ally themselves with the oppressors and betray their countrymen.</p> + +<p>The difficulties of the situation in which the defeated southerners were +placed were appalling. Naught of the former wealth of the country was left +save the land—which in the disorganized state of labor was almost a +burden to the possessors—and some cotton which had accumulated because +exportation was prevented by the blockade of the ports; and upon this the +federal government imposed an unconstitutional tax of three cents a pound. +Farm implements were crude and scarce; the necessities of the Confederate +government in its expiring struggles had stripped the country of the best +of the draft and food animals; in the Black Belt there were no factories; +development of transportation had been checked in its incipiency; +education was almost abandoned, and the civil laws suspended. Everything +had to be organized or reorganized.</p> + +<p>Cotton was one of the principal resources left to the people at the close +of the war. In great demand and readily convertible into money at prices +ranging from fifty cents a pound upward, and in considerable quantities, +it would have furnished means for a “fresh start” had the people been +permitted to hold it in undisputed possession; but the government +begrudged even this remnant of lost fortunes. <span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span>Unfortunately, during the +war agents of the Confederacy from time to time contracted for quantities +of cotton, to be paid for in bonds, but in most cases there had been no +actual transfer of either bonds or cotton, and the latter remained on the +plantations. After the surrender of General Taylor to General Canby, the +federal commander promulgated an order requiring all persons who held such +cotton to surrender it to the United States agents, under penalty of +confiscation of their property. The military authorities claimed this +cotton as a prize of war, and treasury agents—some of them fictitious, as +afterward proven—were soon ranging the country in search for it. The +holders believed that the question of ownership was at least debatable. +Prior to the surrender, the Confederate government, fearing that federal +raiders would seize the cotton, ordered that it be destroyed by the +holders; but the authority of that government was not then potent, and the +planters, instead of obeying the order, conveyed the bales to places of +concealment in swamps and elsewhere, and believed that this act confirmed +their claim to ownership. Some of the cotton was thus concealed when the +agents began their search. The order of seizure was subsequently so +modified as to permit the original holders to claim one-fourth of the +cotton as compensation for caretaking. Very<span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span> few took advantage of this +concession; and, indeed, the greedy agents actually suppressed the order +for months while the seizures were in progress. Attorneys who contested +before military tribunals the right of seizure argued that, by reason of +non-delivery, sales to the Confederate government had not been completed, +and that the federal government had no right to capture the cotton after +final surrender of the Confederate armies; but in some instances these +attorneys were arrested and threatened with imprisonment unless they +abated their zeal in behalf of clients.</p> + +<p>There was in resulting evil practices a touch of picturesqueness. The +unconquered and unconquerable veterans of the vanquished southern armies, +in many instances impoverished, were ripe for any enterprise which +promised congenial adventure and spoils which they regarded as legitimate. +The agents went about supported by federal troops, and many were the +clashes between the latter and so-called guerrilla bands composed of their +late antagonists on other and more glorious fields. These bands were +actuated by the conviction that the Confederate government having had no +clear title to ownership of the cotton, the conquerors succeeded to none; +and so they took up the contest where the intimidated attorneys dropped +it, and contested with the<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span> agents and their armed supporters. These +agents were well supplied with army teams and wagons, and often these, +falling into the hands of the “guerrillas,” served the captors as a +convenient means of transportation of booty. Yet, it sometimes happened +that the guerrillas were the captives, and when in the toils were in sore +straits to raise the ransom which was exacted in lieu of arrest and +arraignment for trial. Even steamboats were hauled to and relieved of +cargoes. That was the golden era for steamboatmen, when freight charges +and salaries, especially of pilots, were phenomenal.</p> + +<p>These transactions soon degenerated into plunder pure and simple, +involving private cotton to which the government could lay no sort of +claim.</p> + +<p>Perhaps there had been collusion between holders of “Confederate” cotton +and the raiding bands which seized and bore it off; anyhow, the inevitable +effect was that unscrupulous men, taking advantage of popular tolerance of +practices which originally sprang from patriotic impulses, disregarded +private rights and indiscriminately stole. Planters paid for guards as +high as thirty dollars each per night at critical times. Men who were +unaccustomed to the command of money grew rich in a brief space and +correspondingly lavish in their expenditures. Extravagance and +demoralization which left their <span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span>enduring impress ensued. Admissions were +made in high quarters in after years that not one-tenth of the proceeds of +cotton seized by agents ever went into the treasury of the United States. +One example will suffice: An agent in Demopolis claimed and was allowed +for four months’ services, on the basis of one-fourth of the cotton seized +by him, $80,000; and the settlement was between him and military +authorities who were quite as adept as he in the art of pilfering. Thus in +a time of stress the producers were despoiled and adventurers enriched by +the ungenerous policy of the victorious government.</p> + +<hr style="width: 25%;" /> + +<p>The following facts are gathered from evidence taken before the committee +in Congress in the investigation as to General Howard:</p> + +<p>At the close of the war there were held in the south at least five million +bales of cotton, worth in Liverpool $500,000,000. Only a fraction of this +cotton was owned by the Confederate states government, and this was turned +over to General E. R. S. Canby by General E. Kirby Smith on May 24, 1865. +Besides the swarm of official agents, informers and spies sent down by the +Treasury Department in search of Confederate cotton, contracts were made +with private individuals to engage in the work. Much cotton was taken from +plantations<span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span> before the owners returned to their homes after the +disbandment of the armies. Seizures were indiscriminate. Proof of private +ownership had to be supported by tender of toll; there was no redress.</p> + +<p>A Treasury Department regulation required that all cotton seized in the +Atlantic and Gulf states should be shipped to Simon Draper, United States +cotton agent in New York City; and that seized on the upper Mississippi +river and in northern Georgia and northern Alabama to William P. Mellen, +agent in Cincinnati. These agents sold by samples which were spurious and +inferior to the cotton which they represented. Accordingly, cotton worth +sixty cents to one dollar per pound was sold for ten to fifteen cents. The +purchasers were in collusion with the agent. By the system of “plucking,” +the weight of bales was reduced anywhere from one hundred to two hundred +pounds before they were sold: the plucked cotton was termed “waste +cotton,” packed and sold as “trash” to mills, but not at trash prices. +These terms figured only in the reports to the department. Sometimes +owners traced stolen cotton to the New York or Cincinnati agency; and if a +thousand bales were involved, the agent reported that only two hundred had +been received, and of very inferior quality, and was sold for ten or +fifteen cents per pound, which his books would prove; that<span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span> +transportation, storage and commissions left only a small sum. Draper, +when he became cotton agent, was a bankrupt. Subsequently he settled his +debts and when he died was a multimillionaire. Fifty million dollars’ +worth of cotton was shipped to Draper; the government derived only +$15,000,000 net from that source as the reward for the wrong which it had +committed in entrusting the enforcement of its doubtful claim against the +impoverished southern people to dishonest and unscrupulous agents.</p> + +<p>The Confederate States government imposed a tax in kind upon all +provisions produced on plantations—one-tenth. The first year after the +war this tax was enforced in some isolated sections by orders of minor +military officers, and collected by agents. Of course this was fraudulent, +and was stopped after a while.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span></p> +<h2>CHAPTER FIVE</h2> +<p class="center"><span class="big"><span class="smcap">The Freedmen’s Bureau</span></span></p> + +<p>Meanwhile, the Freedmen’s Bureau had been established. General Swayne +promulgated an order recognizing as agents of the bureau former civil +magistrates who could and would obtain endorsement of negroes; but, as a +rule, carpetbaggers filled the places. Offices were opened at the county +seats, where complaints of freedmen were lodged and investigations +conducted. The agents prescribed a uniform division of products of the +soil between planters and hands. They supervised all contracts and +regulated the conduct of affairs between employer and employe, and their +dicta were absolute and final, being enforced, if necessary, by soldiers +of the garrison.</p> + +<p>The agents gave notice that nobody would be allowed to employ freedmen +unless the contracts were submitted to and approved by them and left in +their custody. They gave ear to any tale of complaining freedmen, arrested +the white man <span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span>complained of, tried and punished him, unless he proved +willing to purchase immunity. Sometimes after the planter had contracted +in the prescribed manner with freedmen, and had his crops in process of +cultivation, the hands would quit work, and only intervention by the agent +would make them return. Such intervention cost as high as ten dollars per +hand, and the occasion for it might recur before the crops could be +gathered. Some of the agents secured plantations and used them as refuges +for dissatisfied freedmen, who were fed and clothed.</p> + +<p>The agents were as a rule “fanatics without character or responsibility, +and were selected as fit instruments to execute the partisan and +unconstitutional behests of a most unscrupulous head.” (Senator Beck, in +an official report.) Some of them were preachers, and had been selected as +being the most devout, zealous and loyal of a certain religious sect. In +league meetings they told the negroes that although they had been married +according to plantation custom for many years, they must procure licenses +and be remarried. Thus they made large sums in fees, in many instances +from old couples who had grandchildren and great-grandchildren.</p> + +<p>All of this was humiliating and irritating to the planters, but submitted +to so long as the agents confined their activities to legitimate +functions. But<span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span> they soon became mischievously meddlesome, and discovered +in their powers means for promoting their political fortunes.</p> + +<p>As a body, the negroes had been conducting themselves with propriety, and +good feeling prevailed. Their greatest delight was in the dignity of +unaccustomed surnames, duster coats, gauntlet gloves, albums, clocks and +other wares, with which enterprising northern peddlers tempted them. Their +childish delight in these novel possessions for a while filled the measure +of their happiness. But some of them who had been following armies +contracted nomadic habits; others were incapable of rational exercise of +their novel privileges, and became disturbers of the peace. Their +depredations soon rendered stock raising impracticable. Every plantation +had a gin-house, and these houses, with their valuable contents, were +exposed to incendiaries seeking revenge for real or fancied grievances, +and many were destroyed. Men with the “easy money” acquired during the +period of cotton stealing set up crossroad stores at every available point +and dispensed vile whiskey in barter for bags of loose cotton and corn, +ostensibly the “shares” of those offering them, but really often stolen +from lint rooms and cribs, and even from the ungarnered crops in the +fields. These traders did an immense<span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span> business, many of them setting up +gins and baling screws. The existing “sundown and sunrise” law was enacted +to destroy this nefarious traffic. It prohibited the sale of farm products +between sunset and sunrise.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span></p> +<h2>CHAPTER SIX</h2> +<p class="center"><span class="big"><span class="smcap">Military Regulations</span></span></p> + +<p>Another cause of irritation was the offensive conduct of soldiers +composing the garrisons, which provoked collisions with the more impetuous +citizens. In 1865 the federal soldiers in Tuscaloosa, Greensboro, Eutaw +and other towns subjected the people to very offensive regulations. Only a +few examples need be mentioned as exhibiting the temper of both sides: The +former soldiers of the Confederacy, having no means with which to +replenish their wardrobes, wore their uniforms. The federals threatened, +and sometimes attempted, to cut the buttons from the old gray coats, and +the proud wearers were forced to resort to the expedient of covering them +with thin cloth rather than let them serve as a pretext for insults. Flags +were stretched across the sidewalks, so that pedestrians would have to +pass under them. To defeat the obvious purpose, men and women, in going +about, resorted to the roadway or diverged from the sidewalks at points +where<span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span> the flags were placed. In some instances these unwilling and +protesting people were seized and forced under the flags. These and other +practices, devised to provoke the people to exhibitions of hostility, +caused severe smarting. Perhaps many young men who had received war +schooling were not reluctant to encounter their former antagonists.</p> + +<p>A memorable tragedy, with annoying consequences, resulted from such an +encounter. August 31, 1865, election day, the brothers Tom and Toode +Cowan, formerly heroic members of Forrest’s cavalry, became involved in a +controversy with a squad of soldiers of the garrison in Greensboro; in the +resulting affray pistols were used; the younger Cowan killed one of the +soldiers, while his brother dangerously wounded another. The slayer +mounted a horse and escaped, but the intrepid Tom scorned flight and +yielded only to overpowering numbers. Intense excitement prevailed; the +enraged soldiers sprang to arms, seized Cowan, and, defying their +officers, prepared to hang the prisoner. At the critical moment came a +message from the wounded man, generously acknowledging he was the +aggressor and pleading for a fair trial for Cowan. This appeased the +military mob and the prisoner was locked up. That night squads of cavalry +roamed the country, ostensibly seeking the fugitive, but really to disarm<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span> +and arrest the planters. Mr. Cowan was tried and acquitted. His brother +was not apprehended.</p> + +<p>In some cases the soldiers were insubordinate and manifested hostility to +the people. One notable example in illustration is recalled: During the +hours of darkness soldiers burned the Episcopal church in Demopolis. Some +of them were detected with articles stolen from the sacred edifice, and +the colonel was requested to have the impious robbers arrested. That +officer declined to make the order, because the guilty men were dangerous +characters and would seek revenge if called to account. Indeed, they +threatened that when transferred from Demopolis they would set fire to the +town. To prevent the execution of this purpose, another colonel was +substituted for the commander of the regiment, and he placed sentinels +around the quarters and marched the men away in ignorance of the fact that +it was their final departure.</p> + +<p>In Greensboro, in 1867, was enacted another regrettable tragedy, the +attendant circumstances of which intensified the growing hostility between +the races. John C. Orick shot and killed Aleck Webb, negro register of +voters. The shooting occurred in daylight and on one of the principal +sidewalks. Orick calmly retired from the scene, locked the doors of his +store, and in disguise fled the town.</p> + +<p><span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span>Orick was a bold, dashing and handsome young man who had won enviable +laurels in the war. When hardly more than a boy, his adventurous spirit +impelled him to leave home without parental consent and attach himself to +Colonel Mosby’s command. One of his achievements is worthy of mention +here: As an “observer” he visited Baltimore and Washington, and in the +latter city ascertained the time of departure of the army pay train on the +Baltimore and Ohio railroad. Reporting to his commander the valuable +information he had acquired, successful plans were formed for the capture +of the train by Mosby’s command. With his share of the booty obtained in +this enterprise, Orick, after the final surrender, purchased a stock of +goods and established himself in business in Greensboro.</p> + +<p>The negroes of the town and vicinity bitterly resented the killing of +Webb, and during the night large bands of them roamed the surrounding +country, avowedly seeking the slayer, but really bent on any mischief for +which opportunity might offer. One band went to the Gewin premises. A +young man, a member of the family, in his night clothes and barefooted, +was encountered in the yard. Seeing that the marauders intercepted retreat +to the house, Gewin fled to the woods, hotly pursued. After a chase which +extended for a mile, over rough<span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span> fields and woods, the fleeing man was +overhauled, tied to the bare back of a horse and conveyed to the office of +Dr. Blackford, in Greensboro. After a lengthy parley, his friends secured +his release.</p> + +<p>At dusk the town was thronged with infuriated armed negroes, who +threatened to apply the torch. After some of the leading citizens had +vainly expostulated with them, the whites armed themselves and prepared to +expel them by force; but when Gewin was released, the negroes retired, +sullenly, and a clash was averted.</p> + +<p>The Gewin family and its connections comprised a considerable number of +brave and resolute men, of remarkably fine physique, and they and their +friends were indignant with Blackford, the probate judge, because of the +suspicion that he had directed the negroes who committed the outrage,—a +suspicion justified by the fact that Gewin was conveyed to Blackford’s +office. Everybody sympathized with them. It was said that Blackford told +the negroes they should avenge the killing of Webb, and that he instigated +the incendiary threats, and he was thenceforward regarded as a factor of +disturbance in the community.</p> + +<p>As a result of these occurrences, an organization was formed in Greensboro +for public defense, and arms were obtained. The members were, in event<span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span> of +necessity, to assemble at the ringing of a certain bell, and a rendezvous +was selected. No oath was required of the members.</p> + +<p>The first attempt to enforce the flag regulation in the case of a woman, +in Tuscaloosa, was the last. Intrepid Ryland Randolph, editor of the +<i>Monitor</i>, in uncontrollable indignation seized a sabre and in person +challenged the responsible commander to mortal combat. Declining the +proposed close encounter, that official thenceforward was more circumspect +in his conduct.</p> + +<p>The story of Randolph’s career is an interesting part of the history of +Tuscaloosa. As an editor, he was belligerent, and relentless in his +denunciation of radical maladministration of public affairs. So effective +was his hostility that publication of his paper (official organ of the Ku +Klux) was suppressed by military order. He accepted a challenge to a duel +provoked by attacks upon the chief justice of the state supreme court, +addressed to him by the judge’s son-in-law; but on the field mutual +friends effected an amicable and honorable settlement.</p> + +<p>A less dignified encounter involved him in more serious difficulties. +Opposite the <i>Monitor</i> office a number of negroes were assembled one day, +and two of them assaulted a white man. Suddenly Randolph, with pistol and +bowie-knife in hand, <span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span>appeared in the midst of the struggling throng. One +shot was fired by him, when he, in turn, became the object of attack. One +of the assailants, a political leader, received in his side a thrust from +Randolph’s bowie, and another in the back, where the broken point of the +knife remained. Within a few minutes the prostrate leader was the only one +who remained on the scene. But the negroes, with augmented numbers, +reassembled a short distance away. Randolph returned to his office and +reappeared with a shotgun. His dauntless bearing discouraged further +hostile demonstration by the blacks. In consequence of this affair, +Randolph was arrested by the soldiers and taken to Montgomery for trial. +En route, by stage-coach, he was made a spectacle for gloating negroes. He +was acquitted, and his return was made an occasion of popular +manifestation of esteem. A cavalcade met him some miles outside of +Tuscaloosa, and on nearer approach to town was magnified into a vast +procession of carriages and marchers, embracing men and women and school +children. The procession moved to the sound of bells. A great meeting, +with speechmaking, followed.</p> + +<p>At that time the University of Alabama, at Tuscaloosa, was controlled by +the radicals and boycotted by the whites. A brother of Governor Smith was<span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span> +a regent of the institution, and this regent’s son a student. One of the +professors, Vaughan, had been persistently assailed by the <i>Monitor</i>, +which charged him with incompetence and drunkenness. It was said that +Vaughan enlisted Smith as a champion. Anyhow, the two sought Randolph on +the streets and found him in conversation with a friend. While Vaughan +stood some distance away, Smith approached Randolph and insultingly +jostled him. Simultaneously and without hesitation, the two men drew +pistols and began firing, each discharging five chambers of his revolver. +One shot struck a thick book in Randolph’s coat pocket and lodged therein; +another struck above the knee and ranged up the thigh, his leg being +crooked at the moment. This shot necessitated amputation of the injured +limb. An innocent bystander on the opposite side of the street was killed +by a stray bullet. Smith and Vaughan were arrested. The former was rescued +by fellow students and fled to Utah.</p> + +<p>Randolph survived the reconstruction period and enjoyed the restoration of +white supremacy. He died in 1903 from the effects of a fall in a +streetcar.</p> + +<p>An incident of the military régime in Eutaw early embittered relations +between the people and their rulers. An “undesirable citizen” was given a<span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span> +ride on a rail. In the court martial trial of the accused, James A. +Steele, Thomas W. Roberts, F. H. Mundy, John Cullen, Hugh L. White, +William Pettigrew and Mr. Strayhorn were sentenced to hard labor at Dry +Tortugas for periods ranging from two to six years. The circumstances +attending their treatment as prisoners exhibited harshness which aroused +indignation. Handcuffed and chained, they were conveyed by a squad to New +Orleans and thence by sea to the island prison. They were not permitted to +communicate with their families or friends nor to receive funds to relieve +their wants. Their sufferings and indignities were severe and humiliating. +An appeal in their behalf, with a presentation of the facts connected with +the trial, was made to General Meade, and that commander remitted the +sentence. The return of the victims to their homes was made the occasion +of a memorable demonstration of popular feeling.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span></p> +<h2>CHAPTER SEVEN</h2> +<p class="center"><span class="big"><span class="smcap">The Union League</span></span></p> + +<p>In pursuance of their schemes which culminated at the election in 1868, +the carpetbag adventurers early in 1867 organized everywhere in Alabama +branches of the Union League, a secret, oathbound political society, with +all the mysticism of grips, signs, signals and passwords, national in +scope, with grand national and grand state councils. Secrecy and obedience +to commands were enjoined under severest penalties, including even death. +Their meeting places were guarded by armed sentinels. The negro members +were taught to disregard the feelings and interests of the whites, and +told that if their former masters should obtain control of the government, +they would re-enslave them; and this was an irresistible appeal to +ignorant people enjoying the first delights of release from bondage. On +the other hand, they were promised that if the Republicans should gain +control, they would enact such oppressive tax laws that the landowners +would be unable<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> to meet the exactions, and consequently their lands would +be forfeited; after which the Republicans would allot them in parcels of +forty acres, together with a mule, to each head of a negro family resident +thereon; they were told, further, that, in order to facilitate and +expedite this process of confiscation and apportionment, they should +slight their work and thus increase the difficulties under which their +former masters would have to struggle to save their properties from +spoliation. The student of history should not be harsh in judgment of the +negro because of his susceptibility to a lure so enticing. He was +ignorant, and regarded every pretentious white stranger as one of that +great army which had liberated him from bondage.</p> + +<p>Serious as was the situation, it was not without amusement in its +demonstration of the negro’s gullibility. A bogus “land agent” circulated +slips conveying directions regarding “preëmption of homesteads,” and the +credulous negroes bought them, and, besides, painted sticks with pointed +ends to be driven into the ground to mark their boundaries; they also +purchased chances in a sort of lottery for the distribution of parcels of +land. All of these were sold under alleged authority received from the +government at Washington, all dependent on the success of the Republican +party.</p> + +<p><span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span>By request of President Johnson, General Grant in 1865 made a tour of the +southern states, to learn the feelings and intentions of the people and to +ascertain to what extent, in the interest of economy, the military forces +there could be reduced. He reported that white troops excited no +opposition: thinking men would offer no violence to them. But black troops +demoralized labor, “and the late slaves seem to be infused with the idea +that the property of their late masters should by right belong to them, or +at least should have no protection from the colored soldiers. There is +danger of collision being brought by such causes.”</p> + +<p>The so-called abandoned lands on the coast of South Carolina and +Georgia—lands from which whites had fled to escape dangers of the +war—were actually seized and colonized with wandering negroes, though the +lands were afterward restored to the owners. The germ of the “forty acres +and a mule” idea, no doubt, originated in those colonies. The idea was of +early conception, as the Grant report shows.</p> + +<p>The first annoyances caused by the league were the neglect of field work +by negroes in order to attend political meetings in daylight, and taking +hard-worked mules from lots at night and riding them to league meetings. +But in the course of time<span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span> the organization assumed a military aspect, +drilling regularly. Bodies appeared in procession, in regular company +order, with arms, banners, drums and fifes, the officers wearing +side-arms. At the election they were met outside the towns by emissaries +and furnished with tickets, and then proceeded to the polling places and +deposited them as directed. All of this appealed to the negroes’ taste for +novelty and spectacle.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span></p> +<h2>CHAPTER EIGHT</h2> +<p class="center"><span class="big"><span class="smcap">A Republican Blunder</span></span></p> + +<p>This narrative is now brought again to the point at which it digressed, +the election on the constitution, but before resuming that subject a few +words of comment here will not be out of place.</p> + +<p>The perfidy of Congress in imposing upon the people of Alabama, in +violation of its own solemn covenant, a constitution which they had +rejected in a lawful manner, was a blunder fatal to the future influence +of the Republican party in Alabama. The fourteenth amendment had already +injured the party because of its application to great numbers of men who +might have allied themselves with it if they had not been involved in the +proscription. They had opposed secession as long as there was any reason +in opposition, and then reluctantly adapted themselves to the situation. +Jefferson Davis had been in prison, demanding trial and ready to abide the +result; he was discharged, and the proceedings looking to personal +punishment abandoned. Other leaders, including Admiral Semmes, “the +pirate,” as he was termed<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> in intensity of hatred, were at their homes, +pursuing the vocations of peace and ready to try the issue. The excuse for +abandoning the prosecution was that, the fourteenth amendment having +imposed the penalty of deprivation of citizen rights, the courts could not +inflict other punishment.</p> + +<p>Thus, the men who had, at the cost of popular good will and private +friendship, opposed with all their abilities severance of the Union were +equally subject to a penalty deemed adequate for “the arch traitor” and +“the pirate,” so called.</p> + +<p>Then, there were thousands of men in northern Alabama not subject to the +proscription, who were nursing the grievance that Democrats had +precipitated secession without permitting the people to vote on the +ordinance. They believed that, had it been submitted, it would have been +defeated. Northern Alabama was so loyal to the Union that leaders there +proposed separation of that section at the line of the mountains, and that +its people organize and “fight it out” in the foothills. But the +promptness with which the Confederate authorities organized the military +forces discouraged such a project. The strong resentment of the summary +accomplishment of secession was rendered bitter by conscription laws. +Sections of the mountains in which drastic measures were necessary to +enforce those laws <span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span>became easy recruiting grounds for the federal army. +It is recorded that 2,700 men from Walker, Winston and Fayette counties +enlisted in one federal command. North Alabama was more than once occupied +by contending armies, and partisan organizations embittered the contest.</p> + +<p>In central and southern Alabama were many Whigs and Union men who had no +liking for the Democratic party.</p> + +<p>In this state of affairs, convinced that not many of the proud +Confederates would sue for relief from fourteenth amendment disabilities, +and that the constitution which disqualified thousands of white voters +would perpetuate negro supremacy in Alabama, the Republican leaders in +Congress committed a wrong which to this day bears heavily upon their +party.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span></p> +<h2>CHAPTER NINE</h2> +<p class="center"><span class="big"><span class="smcap">Carpetbag Government</span></span></p> + +<p>The negroes had exercised without hindrance their new privilege of the +suffrage. Their incapacity as voters was illustrated in the character of +the men who assumed office after the election in 1868.</p> + +<p>In Sumter county, Tobias Lane was elected probate judge, but during the +period of uncertainty when the constitution was in abeyance, concluding +that congressional action respecting it would be unfavorable, he packed +his carpetbag and returned to Ohio, having been one of the migrants from +that state, so prolific of birds of his feather.</p> + +<p>Beville, the sheriff, was an appointee of General Swayne. He was unable to +give bond, but Swayne waived that formality and ordered him to continue in +office without bond. In 1868 Richard Harris, a negro, who could neither +read nor write, became his worthy successor.</p> + +<p>As solicitor the discriminating voters chose Ben Bardwell, a negro, who +was wholly deficient in the<span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span> knowledge of reading and writing, a +deficiency which made him “an easy mark” for one of the most learned bars +in the state.</p> + +<p>George Houston, a freedman, was sent to the lower house of the +legislature. As his colleague Ben Inge, another “person of color,” +absolutely illiterate, was selected.</p> + +<p>An army captain, one Yordy, received the state senatorial honors, which he +wore while serving Uncle Sam in the custom house at Mobile. He was a +long-distance representative, having no domicile in Sumter, nor ever +making his appearance there.</p> + +<p>John B. Cecil, reputed federal army sutler and coming with the influx from +fecund Ohio, was elected treasurer. He gradually and logically degenerated +into a partnership with a negro in a grog-shop enterprise.</p> + +<p>Badger, another bird of passage, became tax assessor. The revenue and road +commission was a motley aggregation which comprised one carpetbagger and +three negroes.</p> + +<p>Edward Herndon, a native Union man, by grace of appointment and election, +simultaneously devoted his talents to the offices of circuit clerk, +register in chancery, notary public, justice of the peace, keeper of the +poorhouse and guardian <i>ad litem</i>,—and <span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span>perhaps felt aggrieved that he +didn’t have “all that was coming to him.”</p> + +<p>It would seem that, with this multiplicity of trusts, Mr. Herndon +monopolized the privilege of plurality in office holding; but not so, for +Mr. Daniel Price, a typical scalawag, with the reputation of a jailbird +and desperado, made flight from Wetumpka to Sumter, and was endowed with a +bunch of federal and county jobs,—register of voters, superintendent of +education, postmaster and census taker. Insatiable, like Oliver Twist he +wanted more, and as a side line to his multifarious activities, employed +his scholarly attainments in the conduct of a negro school, meanwhile +boarding and associating with negroes.</p> + +<p>The harmony of the “color scheme” of the official colony in Perry county, +adjoining Hale county, was never broken by a trace of the ebony hue.</p> + +<p>Without exception, all of the county offices were held by carpetbaggers, +officers of the 8th Wisconsin regiment, originally sent on garrison duty. +Their characters are illustrated by the fact that, under the guise of +selling properties which they had acquired in the county, all of them sold +their offices in the time of political regeneration and betook themselves +to the north. During Lindsay’s administration the sheriff, charged with +conniving at the escape from<span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span> jail of a prisoner incarcerated for murder, +sold his job for $1,500. Democrats succeeded the aliens.</p> + +<p>In Marengo county there were more places than “loyal and reconstructed” +place-seekers, and consequently Charles L. Drake, who made his advent in +1866 as an army captain, was burdened with the cares and responsibilities +of register in chancery, circuit clerk, United States commissioner and +agent of the Freedmen’s Bureau; yet had time for political activity which +made him especially obnoxious.</p> + +<p>Another conspicuous character in Marengo was one Burton, a carpetbagger, +who established in Demopolis a weekly newspaper, <i>The Southern +Republican</i>. He had incorporated in the oppressive tax laws a provision +that where a deed was made to a purchaser at a tax sale, it should be made +conclusive evidence, whether the sale was legal or illegal, that all +requisites to a valid sale had been complied with. In order to increase +the advertising, a section of land was divided into sixteen parts and each +part advertised separately. Legal advertising was confined to “loyal” +papers, the test of loyalty being allegiance to the Radical party. <i>The +Southern Republican</i>, being the only loyal paper in all that +unreconstructed region, was designated as the official organ of Marengo, +Greene, Perry and Choctaw counties.</p> + +<p><span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span>The newspaper statute referred to was in these words:</p> + +<p>“That it shall be the duty of the probate judge in each county of this +state to designate a newspaper in which all local advertisements, notices, +or publications of any and every character required by law to be made in +his county shall be published. Provided, that no newspaper shall be +designated as such official organ which does not in its columns sustain +and advocate the maintenance of the government of the United States and of +the government of the state of Alabama, which is recognized by the +Congress of the United States as the legal government of this state; and +if there be no such paper published in the county, then the probate judge, +whose decision upon the question shall be final, shall designate the paper +published nearest the county seat of his county which does sustain said +government.”</p> + +<p>The “loyal” papers so designated had no circulation beyond a small free +distribution among office-holders. Few of the negroes in their general +illiteracy could read them, and none of them were concerned in the +advertisements. The white people, to whom all of the advertisements were +addressed, would not permit a copy of the publications to be sent to them. +Consequently, the payment of fees was a waste of public money. The purpose +of the<span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span> law was to create and sustain a detestable press at the expense of +the taxpayers, or seduce the existing papers.</p> + +<p>In 1870 Burton was nominee for lieutenant-governor. On account of some +personally offensive publication, Mr. E. C. Meredith, of Eutaw, a +Democratic leader (“Bravest of the Brave”), severely chastised him in +Eutaw. Thereafter the “trooly loil” journalist made his periodical +collections of fees in Greene county by proxy. About the time when frost +touched with withering chill his budding political aspiration, Burton +received an ominous communication, not intended for publication, but for +his own guidance. It was embellished with pictures of cross-bones, skull +and dagger, and inscribed with a legend which he interpreted as a sort of +“move on” ordinance. And he stood not on the order of his going, but +hiked.</p> + +<p>General Dustin, a northern soldier, of good family connections, who +settled in Demopolis and allied himself by marriage with one of the old +and prominent families of the town, was appointed major general of +militia, and endeavored, but unsuccessfully, to organize a force. The law +provided that whenever forty or more men should enroll themselves and +choose officers, the governor upon application should recognize them as a +volunteer <span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span>company. Governor Smith could not be persuaded to encourage the +formation of a militia force; he preferred federal regulars, and they were +always available.</p> + +<p>While awaiting opportunity for employment of his warrior genius and +acquirements, General Dustin, equally soldier and statesman, served the +people of his adopted county in the legislature. His colleague in that +august assembly of solons was Levi Wells, a “ward of the nation.”</p> + +<p>Others who made reconstruction history in Marengo county will be mentioned +incidentally as this narrative progresses. They were a rare lot, and +equally with the others worthy of a place on the scroll of fame.</p> + +<p>Choctaw county officials distinguished themselves in some features of +their administration of affairs, according to testimony before a +government commission. Dr. Foster was appointed probate judge and elected +state senator, and served in the dual capacity. Receiving the appointment +of revenue collector at Mobile, he discarded the probate judgeship, to +which Hill was appointed, but polygamously refused to be divorced from the +other love, the senatorship. Hill had been appointed treasurer before +receiving the appointment to the judgeship. Withdrawing from the former +place, his brother, <span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span>Alexander, succeeded. It may not too much confuse the +already complex situation to mention incidentally that the industrious +Alexander filled in spare time by discharging the humble duties of justice +of the peace, having before him the example of his eminent brother, who +scorned not the lesser duties of register in chancery, with which also he +was charged. In the progress of time, an inquisitive grand jury, nosing +into matters, ascertained that Treasurer Aleck had received from the +county tax collector fees to the amount of $3,600. While the jury was +investigating, a disturbance occurred on the streets; the sheriff +resigned, rather than interfere with the disturbers, and sought pastoral +scenes. Circuit Judge J. Q. Smith, serving as a substitute for Luther R. +Smith, adjourned court without receiving the jury’s report. Immediately +after adjournment Probate Judge Hill, who had received a significant +communication, with skull and dagger adornment, and maybe had been +playfully shot at, retired to his farm, leaving his office in the care of +the overburdened but willing Aleck. The circuit clerk accompanied the +probate judge to his sylvan retreat, and imposed more work on Aleck by +making him custodian of his office also. By the way, this clerk was first +elected, but failed to qualify, whereupon Judge Smith cured the defect by +appointing him to the<span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span> place. Such was the situation of affairs when, at +midnight, April 14, the structure burned, and, excepting documents in the +hands of the jury, all of the records of the two offices, together with +the treasurer’s account of moneys received and disbursed, fed the hungry +flames. The treasurer said that all the funds were in the safe, but only +charred packages of Confederate “shinplasters” were found therein when the +safe was opened. The succeeding treasurer, an expert accountant, under +instructions from the commissioners’ court, investigated accounts between +the collector and former treasurer, and reported that the latter was in +default to the extent of about $7,000, and the tax collector about $2,700. +Meanwhile, the tax collector had sought a change of air in “the glorious +climate of California.” Before his departure he related a tale of woe, the +burden of which was that highwaymen had despoiled him of official +collections of between $5,000 and $6,000.</p> + +<p>The fire fiend had marked Choctaw officials for its victims. According to +his own statement, the dwelling of the county superintendent of education +was the repository of $4,000 of county funds when said “fiend” consumed +it. The superintendent was the author of his own official bond, and in his +inexperience omitted therefrom the customary penalty clause, which +omission rendered the instrument <span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span>non-enforceable. Feeling the inadequacy +of local employment for his talents, he took up residence across the line +in Sumter county, and thus qualified for election to the legislature, but +there was no requisition for his services.</p> + +<p>The superintendent was law partner of Joshua Morse, attorney general of +the state. They were jointly indicted for the murder of Editor Thomas of +the county paper at Butler, the county seat; they obtained a change of +venue and were tried and acquitted in Mobile, the principal witness +against them having disappeared.</p> + +<p>William Miller, a former slaveowner and one of the largest landowners, +became probate judge of Greene county in 1868. Judge Oliver, the +incumbent, refused to recognize his claim, and Miller invoked the +ever-responsive military powers; the soldiers forced entrance to the +office and inducted the claimant. Oliver filed a protest and retired. +Alexander Boyd, a nephew of Miller, became county solicitor and register +in chancery.</p> + +<p>Judge Luther R. Smith had a brother, Arthur A., who was languishing in +Massachusetts, with talents unemployed and maybe unrecognized. The judge +imported his brother and made him county superintendent of education. +There were not many white Republicans in Greene, and it happened that the<span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span> +circuit court clerkship was “lying around loose,” and the judge thought +Arthur was the man for the place. The latter accepted the gift, but failed +to relinquish the superintendency of education. One Yordy figured as agent +of the Freedmen’s Bureau.</p> + +<p>These officials were unable to obtain board and lodging at either of the +taverns or elsewhere, and jointly established and maintained for some time +a bachelor establishment, duly ostracised by the people of the town and +county.</p> + +<p>Hale county had a complement of officials in keeping with the layout +common to the counties of the district, including a negro legislator. The +most troublesome was Dr. Blackford, probate judge. He had served as a +delegate to the constitutional convention of 1867. He displaced Judge +Hutchinson, a popular gentleman who had lost three brothers in one of the +battles in Virginia, members of the famous Greensboro Guards.</p> + +<p>Blackford was a skillful physician and surgeon, and of fair education. He +served as surgeon in the Confederate army, and was stationed at Vicksburg +during the siege. Subsequently a story circulated that he was there +court-martialed on a charge of appropriating to his own use hospital +stores, including liquors. However that may be, his services were +dispensed with and he took up abode in Greensboro,<span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span> and began to practice +his profession with much success. In an evil hour he was tempted to cast +his lot with the adventurers who were greedily fastening their clutches +upon the substance of the country, and fell. Going from bad to worse, he +affiliated with negroes and soon obtained absolute control of them. +Claiming, as probate judge, that he had the right to supervise contracts +between them and their employers, he constantly meddled in private +affairs. Calling league meetings and taking the hands away from their +work, he caused much vexation and loss to the planters.</p> + +<p>About the time when he became probate judge an incident occurred in +Greensboro in which was exhibited by the soldiers an unusual +disapprobation of the administration of affairs. The agent of the +Freedmen’s Bureau, one Clause, incurred the displeasure of some of them +who were inclined to insubordination, and they administered to him a +beating. Varying the proceeding, they seized a negro school teacher and +conveyed him to a pond, in which they ducked him repeatedly.</p> + +<p>Blackford became alarmed at this manifestation of displeasure, and fled to +the hills north of the town. There he was pursued by the rioters in +uniform, and, resuming his flight, sought refuge at the home of a citizen, +who apprised leading citizens of<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span> Greensboro of his whereabouts and peril. +They informed the military commander, who, in turn, dispatched a squad of +cavalry to rescue him and conduct him to town. Blackford, on his return, +renounced his political heresies and aspirations to the judgeship, which +he declared he would not accept; but, recovering his confidence in the +stability of the military powers and his negro backing, he quickly +recanted and relapsed into arrogance.</p> + +<p>Tuscaloosa county was not neglected by place-hunters, but the +preponderance of whites in that county was a restraining influence.</p> + +<p>Luther R. Smith, a carpetbagger from Michigan, provisional circuit judge +in 1866, was elected to that position in 1868, and simultaneously a member +of the legislature, but had decency to resign the latter trust. +Notwithstanding he subsequently violated the judicial proprieties by +presiding over a radical state convention in Selma. He was one of the most +respectable of the intruders, and reputed to be just, impartial and +courteous on the bench. Nevertheless he shared, in a lesser measure, the +odium which attached to all. The feeling of the people was that no +right-minded man would thrust himself into public position under the +peculiar circumstances.</p> + +<p>All the members of the United States House of<span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span> Representatives from +Alabama were carpetbaggers—officers in the United States army. Charles W. +Pierce represented the fourth district. He held a commission as major. His +course in the interval when the constitution was in abeyance was the same +as that of Colonel Callis, who caused more discussion. Colonel Callis was +elected to Congress from the Huntsville district, in competition with +General Joseph W. Burke, a man of character and education. General Burke +was the Republican nominee, and Callis bolted. Callis was a federal +soldier and agent of the Freedmen’s Bureau, at Huntsville. While +canvassing, he was attired in the uniform of a colonel. When the +constitution was rejected and declared rejected by General Meade, and the +fact communicated to General Grant and by him communicated to Congress, +and the action of Congress looked to the rejection of the constitution, +Colonel Callis left Huntsville and went upon duty to Mississippi as an +army officer. When Congress accepted the constitution and admitted Alabama +under the “omnibus” measure, Callis hurried to Washington and took his +seat as a representative from Alabama, notwithstanding he had never been a +citizen of the state and was then a resident of Mississippi. Pierce was +succeeded by Charles Hays, of Greene county, in November, 1869.</p> + +<p><span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span>The state was represented in the federal Senate by Willard Warner and +George E. Spencer, the first named a northern general, the other, an army +contractor. Judge Busteed, under oath, said that when elected Warner was +not a citizen of Alabama; that when summoned a short while before as a +juror in his court, Warner claimed exemption on the plea that he was a +senator of the state of Ohio. Governor William H. Smith, in a letter +published in the <i>Huntsville Advocate</i>, said: “Spencer lives upon the +passions and prejudices of the races. The breath of peace would leave him +on the surface, neglected and despised.” And Spencer characterized his +colleague as a “a trifling and worthless man.”</p> + +<p>Being unobjectionable as to “loyalty,” all of these non-citizens were +permitted to take their seats; and for the first time since 1861 Alabama +was represented (?) in the federal Congress, notwithstanding the fact that +during a part of that period the people were taxed by the government which +denied them representation—taxed unconstitutionally (in the case of +cotton), as the Supreme Court subsequently decided.</p> + +<p>William H. Smith, of Randolph county, displaced Governor Patton. His +character will be revealed as these pages multiply.</p> + +<p>The state supreme court justices were evicted,<span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span> and S. W. Peck, Thomas M. +Peters and B. F. Saffold substituted for them. There is little to be said +of them by a layman, except that the first named favored suspension of the +writ of habeas corpus, during the Ku Klux era, and the last named declared +unconstitutional the law under which a justice of the peace was convicted +of solemnizing the rites of matrimony between a white man and a negro, and +reversed the judgment of the lower court.</p> + +<p>President Lincoln in 1863 appointed Richard Busteed United States district +judge, and in 1865 the appointee came to the state and assumed the bench. +Whatever else may be said of him, he was bold in expression of opinion, +judicial and personal; and during the carpetbag régime he testified that +“the general character of Alabama office-holders for intelligence and +honesty was not good.” In 1870 Francis S. Lyon, of Demopolis, testified +that a bill was filed in Judge Busteed’s court to foreclose two mortgages +on the Alabama Central Railroad (Selma to Meridian), and the cost of that +suit, paid by New York creditors of the road, amounted to $122,000. The +institution presided over by Judge Busteed was costly to litigants, to say +the least.</p> + +<p>A. J. Applegate became lieutenant-governor. Mr. William M. Lowe, of +Huntsville, testifying before the congressional commission in 1870, said +of him:</p> + +<p><span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span>“I had occasion to look into his record, and published a statement in +reference to his character, in which I proved conclusively that any petit +jury in any New England state would have convicted him of grand larceny +upon the evidence by his own declarations,—his own letters. These charges +were made by me when he was living. Every opportunity was given him to +make his defense; he had no defense to make but a lie. He had been a +member of McPherson’s body-guard that stopped near Mrs. Jacob Thompson’s +residence in Mississippi. He was there taken sick and taken into her house +and nursed and kindly treated by her. At that time and under those +circumstances, he, or some one with his knowledge and connivance, stole +the deeds and patents and valuable papers belonging to the Thompson +estate. After the war he settled here and wrote a letter to Mrs. Thompson. +In his first letter he thanked her for her kind and Christian treatment of +him while he was sick, although he was an enemy to her cause, saying that +he would ever hold it in remembrance. The second letter called to her mind +the fact that she had lost those valuable papers, and offered to return +them or have them returned to her for a consideration. She wrote him back. +The correspondence was published in full. Finally, he wrote to her if she +wanted these papers better than<span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span> she wanted $10,000, to send him on the +money and get the papers. That was about his language, written in the most +abominable and illiterate style.” The matter was placed in the hands of +lawyers, who induced Applegate with $300 to surrender the papers.</p> + +<p>General James H. Clanton, under oath, spoke thus of Harrington, speaker of +the house of representatives:</p> + +<p>“Mr. Harrington came to Mobile very poor, from the northeast somewhere. He +was never a soldier that we knew of. He is now very rich. Just after the +war he was charged with running free negroes into Cuba. I do not know +whether it is true or not. The present sheriff of Montgomery county showed +me a reward offered for him, from what purported to be a northwestern +paper, on a charge of bank robbery. He requested me to say nothing about +it lest Harrington should get away. He said he was going for him that +night; that he had his accomplice in jail, and the accomplice said +Harrington was the man. The description he showed me was lifelike.”</p> + +<p>Asked whether it could not be a mistake, the general replied:</p> + +<p>“No, sir; a man of marked physique. I did not give this information at the +time to any of my law<span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span> partners, but they smiled when I told them that +Harrington would pay more reward to Barbour (the sheriff) and we would +never hear of it again. And we never did hear of it till we published it +in the last campaign, to which Harrington, who still lives there, made no +response whatever. Colonel Thomas H. Herndon, a prominent lawyer of +Mobile, said to me that a friend saw Harrington, during the last session +of the legislature at which he presided, take a crowd off to drink +champagne at a barroom known as the Rialto, in Montgomery, and when +remonstrated with for his extravagance, he ran his hand in his pocket and +pulled out seventeen one-hundred-dollar bills, with the remark that he +could afford it, as he had made that much in one day in engineering a bill +through the house.” The general further testified that Eugene Beebe, of +Montgomery, told him he paid Harrington a sum of money to advocate a +lottery charter before the house. He said that of the representatives whom +he “approached” on the subject of the lottery, only one, a negro, +exhibited any qualms, and he accepted fifty dollars, protesting that it +was only “as a loan.”</p> + +<p>When Colonel Joseph Hodgson became superintendent of education, he said +that county superintendents had embezzled between $50,000 and $60,000<span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span> of +school funds. Two sons of the former state superintendent were fugitives +on that account.</p> + +<p>Mr. P. T. Sayer, speaking of the Montgomery county representatives in the +lower house of the legislature, said: “One of them is a man who came from +Austria, by the name of Stroback. I understood that he was a sutler or +something of that kind in the federal army. I further understood that he +never has been naturalized; I do not know about that. He was said to be a +gentleman in his own country; I do not know about that, but he certainly +is not one in Montgomery. He is a man of a great deal of sense, and I +think a dangerous man in any community situated as ours is. The others are +three negroes.”</p> + +<p>These character sketches of radical officials might be multiplied +indefinitely, but the monotony would weary the reader. Necessarily others +will be mentioned incidentally as this story of reconstruction +progresses.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span></p> +<h2>CHAPTER TEN</h2> +<p class="center"><span class="big"><span class="smcap">Ruinous Misgovernment</span></span></p> + +<p>Only misrule could be expected from such officials. Nothing was sacred +from their greedy grasp. The most cherished institutions were debased to +their purposes. In time the university was avoided by all who were +unwilling to forfeit public esteem. One of the early arrivals from +fruitful Ohio was Rev. A. S. Lakin. He was commissioned by Bishop Clark, +of the Cincinnati conference of the Methodist Episcopal Church, to +organize negro churches in Alabama. He was a fanatic of the extreme type, +and his work of the politico-religious character. He regarded the +Methodist Episcopal Church, south, as an aggregation of rebels, and aimed +to array his negro proselytes against it by preaching political sermons, +in which he reminded his audiences of their former bondage and alleged +there was danger of its renewal. According to his own statements, he was +the unterrified victim of a concatenation of Ku Klux attacks. In +prosecuting his roving missions in the mountains of northern Alabama, +Lakin’s morbid fancy <span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span>distorted every lone hunter encountered on the +roadside into a lurking assassin, and every innocent group of gossiping +rustics into a band of Ku Klux. He organized a camp-meeting, and one night +at an early hour during its progress a party of horsemen rode through. +Lakin wrote for publication in one of the church organs a hair-raising +story of the incident, magnifying it into a Ku Klux foray. His explanation +of the cause of the intrusion was that the klansmen were offended because +of a rumor circulating in the camp that an infant born in the neighborhood +was “a Ku Klux child,” an exact image in miniature of a disguised Ku Klux, +horns and hood included. Lakin solemnly affirmed the fact of the birth of +the monstrosity, but ungenerously robbed it of distinction by adding that +six other infants in that klan-infested region were similarly “Ku Klux +marked.” The woods must have been full of human curios!</p> + +<p>In 1868 the regents elected this superstitious and prejudiced emissary +president of the University of Alabama! Accompanied by Dr. N. B. Cloud, +state superintendent of education, Lakin journeyed to Tuscaloosa to assume +the station which the people once hoped would be graced by the illustrious +Henry Tutwiler. Professor Wyman was in charge of the institution and held +the keys; the former president had withdrawn and appointed him custodian. +On<span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span> the ground that the board of regents was illegally constituted, +Professor Wyman refused to yield to Lakin, and the latter, discerning +signs of popular displeasure, lost the courage which had nerved him to +assert his claim, mounted his horse and hurriedly rode away in the +direction of Huntsville, while Dr. Cloud departed with equal celerity in +the direction of Montgomery.</p> + +<p>Some time afterward Lakin related a blood-curdling story of pursuit from +Tuscaloosa by a band of Ku Klux and his almost miraculous escape from the +horrible death to which the band had condemned him. This story provoked +the publication of a counter charge,—that while Lakin was preaching +somewhere in New York State he ill requited the hospitality of an +entertainer by dishonoring the household.</p> + +<p>And this man’s ultimate aspiration was to represent Alabama in the United +States Senate!</p> + +<p>One of the most scandalous chapters in the history of the Republican +régime relates to railroad subsidies. The Lindsay administration favored +encouragement to the building of railroads, as means for development of +natural resources, and in 1867 the legislature passed, and the governor +approved, an act which authorized the state to indorse bonds of new +railroads to the extent of $12,000 per mile,<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span> with an additional +endorsement for bridges; but indorsement was safeguarded carefully, and no +wrongs were committed in connection with the execution of the law until +the Radicals assumed control. Then there began a riot of bribery and +corruption.</p> + +<p>November 10, 1871, I. F. Grant, state treasurer, submitted to the +congressional commission investigating affairs in the southern states a +statement from which the following extracts are made:</p> + +<p>“Bonded debt of the state January 11, 1861, $3,445,000.</p> + +<p>“The state is and was bound to pay in perpetuity for annual interest on +the school fund the sum of $134,367.80.</p> + +<p>“Interest unpaid during the war, accrued up to and including January 1, +1867, was then funded and new bonds issued for the sum of $621,000, which +made the total bonded debt on</p> + +<table border="0" cellpadding="0" cellspacing="5" summary="table"> +<tr><td>January 1, 1867</td><td align="right">$4,066,000</td></tr> +<tr><td>“The war debt, amounting to $12,094,731.95 was repudiated.</td></tr> +<tr><td>“Eight per cent. bonds sold in 1867-68</td><td align="right">659,100</td></tr> +<tr><td>“Eight per cent. bonds sold in 1869-70</td><td align="right">657,700</td></tr> +<tr><td>“Total bonded debt January 1, 1871</td><td align="right">$5,382,800</td></tr></table> + +<p><span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span>“Cause of increase, sale of bonds to carry on the government.</p> + +<p>“There is a prospective liability for an indefinite amount growing out of +the passage of an act, approved February 19, 1867, and amended August, +1868, whereby the state is required to indorse railroad bonds to the +amount of $12,000 per mile, which act was further amended in March, 1870, +so as to increase the indorsement to $16,000 per mile.</p> + +<p>“The same legislature in March, 1870, made a loan to the Alabama and +Chattanooga Railroad Company of $2,000,000 in Alabama 8% bonds, over and +above the indorsement of $16,000 per mile for the entire length of the +road, thereby adding to the direct and collateral liability of the state +for this one road the sum of $6,700,000. In addition to this, the +Republican governor, W. H. Smith, issued to the road bonds to the amount +of $500,000 above what the road could ever by any possibility claim under +the law.</p> + +<p>“The said road made default in payment of January and July, 1871, +interest, which the state paid as its owner and creditor, $508,000.</p> + +<p>“There are eight or ten other roads for which the state, under the law +above referred to, is liable as indorser.”</p> + +<p><span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span>The state auditor reported this summary of liabilities September 30, 1871:</p> + +<table border="0" cellpadding="0" cellspacing="5" summary="table"> +<tr><td>Direct indebtedness</td><td align="right">$ 8,761,967 37</td></tr> +<tr><td>Present conditional indebtedness</td><td align="right">15,420,000 00</td></tr> +<tr><td>Conditional indebtedness provided by law</td><td align="right">14,200,000 00</td></tr></table> + +<p>Under Democratic administration, a committee of the legislature +investigated the railroad deals and reported that “Two millions of state +bonds which the law authorized the governor to issue in aid of said +company (Alabama and Chattanooga) in sums sufficient to pay off the cost +of having constructed a certain amount of road in excess of the state +indorsement of $16,000 per mile, were issued in bulk, with reckless haste, +and were hurried away to the money marts of Europe”; that “there has been +no record kept by any officer of the state of the number and amount of the +bonds issued or indorsed by the state in favor of the various railroads +entitled by law to the aid of the state, except as to loans of bonds to +the Montgomery and Eufaula Railroad Company, $300,000 in amount, and the +indorsement of bonds in favor of the Mobile and Montgomery Railroad +Company.”</p> + +<p>R. M. Patton testified that although he had accepted the presidency of the +Alabama and Chattanooga<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> Railroad Company, he was ignored because he +opposed the loan bill. D. N. Stanton, of Boston, was elected president, +and Patton “was not invited or expected at the consultation of friends of +the road. He said: “I do not think the stockholders ever paid in any of +the capital stock of the company.”</p> + +<p>Arthur Bingham, state treasurer from 1868 to 1870, asked whether he knew +of any fraud or illegality in connection With the issue or indorsement of +the railroad bonds, declined to answer upon the ground that by so doing he +would criminate himself.</p> + +<p>Mr. Holmes testified that on the last day of the session of the +legislature of 1869-70 Mr. Gilmer, president of the North and South +Railroad, borrowed from him and Mr. Farley $25,000. Next day Mr. Gilmer +complained that John Hardy, of Dallas county, chairman of the committee of +the legislature, had treated him shabbily; that “he had agreed to pass the +bill for him for $25,000, but that at the eleventh hour he went back on +him and made him pay $10,000 more, making in all $35,000.”</p> + +<p>Jere Haralson, colored, Mr. Hardy’s colleague from Dallas, was a shrewd +negro, but at that time a cheap commodity. Later he appraised himself more +highly. Ben Turner, a negro (successor to the carpetbag congressman), +continued for some time<span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span> after regeneration to represent the Dallas +district in Congress, and Jere spent much time with him in Washington, +engaged in profitable political work. But at the Montgomery distribution +only fifty dollars was apportioned to him. He ingenuously explained that +he accepted it as a loan.</p> + +<p>When the state, some years later, attempted to make Mr. Hardy disgorge the +$35,000 (bonds) and imprisoned him, he escaped on the plea that it was +imprisonment for debt.</p> + +<p>Ex-Governor Patton published a statement in which he said that, when in +Boston, parties to the Alabama and Chattanooga Railroad complained to him +because legislation in Alabama had cost the company $200,000.</p> + +<p>J. P. Stowe, a Montgomery county representative, asserted, and the +assertion was published, that John Hardy took away the night the +legislature adjourned not less than $150,000, but not all of it was +his—he had much of it for distribution.</p> + +<p>Construction of the Alabama and Chattanooga (now the Great Southern) +Railroad, extending from Meridian to Chattanooga, referred to in the +report quoted from, was under direction of D. N. Stanton. He was a skilled +and unscrupulous lobbyist and get-rich-quick builder. There was testimony +to the effect that the only money used in construction work<span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span> was that +which was derived from state indorsement. The indorsement for bridges was +$60.00 per lineal foot of structure. In the hill country, beginning in +Tuscaloosa county, the line of road described a serpentine trail among the +hills. Mere increase of mileage presented no great disadvantage to +Stanton, but tunneling, cutting and filling were difficulties studiously +avoided. Consequently, when the road passed into other hands and +reorganization was effected, changes necessary in straightening left the +landscape with marks of peculiar interest to civil engineers. Travelers by +that road may observe from car windows at many points abandoned roadbeds +to right and left, winding among the low places and avoiding hills which +were so formidable to Stanton, reminding the observer of meandering brooks +seeking lower levels. Lines of least resistance were most attractive to +Stanton, regardless of circuitousness.</p> + +<p>While government was thus growing in costliness, the resources of the +people who had to foot the bills were diminishing.</p> + +<p>State Treasurer Grant’s statement showed that the average cost of state +government in Alabama for 1859 and 1860 was $813,000; for 1868, 1869, +1870, $1,514,000; and the increase, he said, was<span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span> partly due to increase +of bonded debt, but mainly to ignorant and corrupt legislation.</p> + +<p>The report of the superintendent of census showed:</p> + +<table border="0" cellpadding="0" cellspacing="5" summary="table"> +<tr><td>Assessed valuation of property in Alabama, including slaves, in 1860</td><td align="right">$432,198,762</td></tr> +<tr><td>Assessed valuation in 1870</td><td align="right">156,770,387</td></tr> +<tr><td>State taxation in 1860</td><td align="right">530,107</td></tr> +<tr><td>State taxation in 1870</td><td align="right">1,477,414</td></tr> +<tr><td>County taxation in 1860</td><td align="right">309,474</td></tr> +<tr><td>County taxation in 1870</td><td align="right">1,122,471</td></tr></table> + +<p>Now consider, as representing average conditions in the counties of the +Black Belt, these facts derived from the report of Judge Hill, an expert, +employed to investigate affairs in Marengo county.</p> + +<p>Taxes in 1870 were threefold greater than in 1860. The value of subjects +of taxation had diminished two-thirds; 22,000 slaves, of an average value +of $500 each, had ceased to be enumerated as taxable property; lands had +depreciated in value sixty per cent.; there was less than one-half as much +live stock as formerly; two townships had been lopped off and given to the +newly-created county of Hale.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span></p> +<h2>CHAPTER ELEVEN</h2> +<p class="center"><span class="big"><span class="smcap">The Whites Aroused</span></span></p> + +<p>The people of the Black Belt had borne with all possible patience the +multiplied grievous wrongs recited in the foregoing pages. During the +transition from master and slave to the new relations between them there +was a strong disposition in both races to live in peace and harmony and +make the best of their altered relations; the negroes were civil and +confiding, scarcely realizing the change in their status, while the whites +appreciated their good behavior during the war, when families of men in +the army were unprotected, and were disposed to gratitude for it. But +since the establishment of the league friendly intercourse between the +races had been growing rarer, and now ceased altogether; the estrangement +was complete.</p> + +<p>With the imposition of the constitution began the reign of the +carpetbagger—“demon of discord and anarchy”—and the negro, and the +infliction of “the horrors of reconstruction”; a civil convulsion in which +the foundations of society were broken up;<span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span> “a vast sluice of ignorance +and vice was opened; a race which never had evolved anything of its own +motion was given the ballot, the highest right of American citizenship,” +and never regarded it as more than a personal perquisite, while white men +of the highest type were disqualified from voting by the constitution of +their state; negroes were made eligible to all offices, while the federal +Constitution deprived the people of the wisdom, knowledge and experience +in office of former leaders at a time when they were most needed. A +comment of the time was, that a proscribed white man could not have been +bailiff to his former slave if that former slave was a justice of the +peace, as he might well have been, if he was not in fact. Democrats had +not opposed negro suffrage in order to oppress the negroes, but to prevent +negroes from crushing them; and the situation produced by the imposition +of the constitution attested the reasonableness of their fear of the +effect of the endowment of the negro with the ballot. They realized that +“in popular government where two races exist in mass who are from any +cause so different that they cannot mingle in marriage and become one, the +exercise of political power must be confined to one or the other of those +races if there be a wish for security and peace.”</p> + +<p>In the fourth district, the whites were greatly <span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span>outnumbered by the +blacks, and, comparing voting strength, a contest with them at the polls +seemed hopeless.</p> + +<p>The census of 1870 credited Choctaw county with 5,802 whites and 6,872 +blacks; Greene county, 3,858 whites and 14,541 blacks; Hale county, 4,802 +whites and 16,990 blacks; Marengo county, 6,090 whites and 20,058 blacks; +Sumter county, 5,202 whites and 18,907 blacks; Tuscaloosa county, 10,229 +whites and 8,294 blacks.</p> + +<p>Thus, excepting the first- and last-named counties, the whites were +outnumbered by more than three to one.</p> + +<p>All of the towns in the section under review were small, the populations +ranging from 1,500 to 2,000. Greensboro in Hale, Eutaw in Greene, +Demopolis in Marengo, Butler in Choctaw, Livingston in Sumter, and +Tuscaloosa in the county of the same name, were the seats of government of +their respective counties, centers of religion, education and sociability. +At Tuscaloosa were located the State University and a fine girls’ school; +in Marion were the Seminary, the Institute, Judson, and Howard College; in +Greensboro, the Methodist Southern University and an advanced girls’ +school. These towns had been founded as the home places of wealthy and +cultured planter families whose plantations<span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span> were in the fertile prairies +and canebrakes. Office-holding had always been their honorable +distinction, gained by highest merit.</p> + +<p>An epitome of conditions in the southern states at that period will serve +to portray those in Alabama: “Legislatures in some instances composed in +part of pardoned felons and penitentiary convicts enacting laws; the +judiciary in the hands of charlatans and bribe-takers; every office, from +the highest to the lowest, filled with ignorance, vice and unblushing +corruption; with the land swarming with libelers and malignant slanderers; +the country divided into military districts and garrisoned with troops, +whose officers were ever ready, at the slightest bidding, to annoy and +oppress an unarmed people.”</p> + +<p>But the whites realized that in this section, at least, civilization +itself was at stake, and notwithstanding the adverse odds and other +disadvantages, resolved to risk all in combat with the forces arrayed +against them. They were acquainted with the character of the Union League; +aware of its horrible objects and aims; the almost daily crimes of lustful +fiends, assassins and incendiaries were regarded as the fruits of its +teachings; its responsibility for the existence of courts of law void of +decency and recognized authority, and for officials incapable of<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> +enforcing law and order, for injury to public credit by prodigal pledges, +and waste of public money, was fixed by its foolish and persistent +allegiance to false leaders. This league was the institution marked for +destruction. An organization pledged to undertake the task relentlessly +and unflinchingly was regarded as a necessity. As the mighty Anglo-Saxon +race on this continent had ever proved equal to emergencies, so now the +men of this race, war-trained in arms and horsemanship, sensible that the +great stake of Christianity and civilization lay in the balance, nerved +themselves for the conflict.</p> + +<p>The rule of the carpetbagger and scalawag and freedman was a “reign of +terror,” and thrilling as well as deplorable were the incidents of the +struggle to throw off the yoke. The mere recital of them, without comment, +would fill volumes. Only those regarded as culminating events in the +several counties of the district will be related. And in the relation +sworn testimony of the time supports the writer’s statements where +personal observation was lacking. They illustrate the sacrifices of the +devoted men who were impelled to deeds distasteful but regarded as a +necessary choice of evils, and who rescued that garden spot of the state +from savage domination and again made it fit abiding place for the race +which before had dispossessed the <span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span>aborigines. These men knew that the +negroes were misguided dupes of designing and ruthless leaders, and pitied +them, but for the ultimate good of both races sternly resolved that they +should be compelled to discard those leaders and submit to the legitimate +rulers of the land.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span></p> +<h2>CHAPTER TWELVE</h2> +<p class="center"><span class="big"><span class="smcap">The Ku Klux Klan</span></span></p> + +<p>Before proceeding with the narrative, an explanation of the origin and +purposes of the Ku Klux Klan may interest the reader. The facts mentioned +were derived from authentic and official sources.</p> + +<p>The first den was organized in Pulaski, Giles county, Tennessee, in 1866, +and Pulaski continued to be the centre of the order throughout its +existence as an interstate organization. Six men organized the den for +diversion and amusement in a community where life was dull and monotonous. +The original name was Ku Kloi (from the Greek word Ku Klos), meaning band +or circle. It was changed to Ku Klux and Klan was added.</p> + +<p>The constitution of Tennessee was imposed by a fraction of the people. The +legislature passed an act restricting suffrage which disfranchised +three-fourths of the native population of the middle and western parts of +the state. This obsequious legislature also passed acts ratifying the +illegal edicts of the autocratic and tyrannical Governor Brownlow<span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span> (“The +Parson”); the sedition law was revived and amplified; freedom of speech +and press was overthrown, and a large militia force composed of negroes +was created and made responsible to the governor alone. At an election +enough men had been permitted to register to thwart Brownlow’s plans. He +threw out the entire vote of twenty-eight counties. Registrars were +removed, registration set aside, the counties placed under martial law, +and negro militia quartered therein. The legislature had become +unanimously Republican in both branches.</p> + +<p>The people began to consider means of counteracting this high-handed +tyranny. The Pulaski Ku Klux organization had attracted much attention and +branches of it had been organized in many parts of the state. Leaders of +the people quickly saw that it could be utilized for the purpose in view. +And this was done. The order, thus perverted, soon spread from Virginia to +Texas. The ritual was simple and easily memorized and was never printed; +but a copy of the prescript was obtained and used in a trial in Tennessee +and reproduced in United States government publications. At a meeting in +Nashville of delegates from all dens this was modified. That convention +designated the southern territory as “The Invisible Empire.” It was +subdivided into “realms” (corresponding to states); realms were<span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span> divided +into “dominions” (congressional districts); dominions into “provinces” +(counties); provinces into “dens.” Officers were designated as follows: +Grand Wizard of Invisible Empire and his ten Genii (and the grand wizard’s +powers were almost autocratic), Grand Dragon of Realm and his Eight +Hydras, Grand Titan of Dominion and his Six Furies, Grand Cyclops of Den +and his Two Night Hawks, Grand Monk, Grand Scribe, Grand Exchequer, Grand +Turk, Grand Sentinel, The Genii, Hydras, Furies, Gobbins and Night Hawks +were staff officers. It is said that the gradation and distribution of +authority were perfect, and that no more perfectly organized order ever +existed in the world. The costume consisted of a mask with openings for +the nose and eyes; a tall, pointed hat of stiff material; a gown or robe +to cover the entire person. Each member was provided with a whistle, and +with this, and by means of a code of signals, communicated with his +comrades. They used a cypher to fix dates, etc., and published their +notices in the newspapers, until repressive laws forbade this. Their +horses were robed and their hoofs muffled.</p> + +<p>Meanwhile, other orders formed: White brotherhood, White League, Pale +Faces, Constitutional Union Guards and Knights of White Camelia; but all +evidence shows that they were for the most part<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span> short-lived, the very +name of Ku Klux having caught the fancy of the members. General Forrest is +credited with having consolidated all of them into the one grand order. An +interview with General Forrest was published in the <i>Cincinnati +Commercial</i> in September, 1868, in which he was quoted as saying that in +Tennessee the klan embraced a membership of 40,000, and in all the states +550,000. He said to the congressional commission that the order was +disbanded by him when it had fulfilled its purpose. No doubt he meant that +the general organization was disbanded, for certainly detached bodies +existed after the date fixed by him as that of the disbandment. Fleming +says that the general was initiated by Captain John W. Morton, formerly +his chief of artillery, and became Grand Wizard. In his testimony General +Forrest said that the klan in Tennessee was intended as a defensive +organization to offset the Union League; to protect ex-Confederates from +extermination by Brownlow’s militia; to prevent the burning of gins, mills +and residences.</p> + +<p>Congress and the radical legislatures resorted to all possible means to +break up the klans, but they existed until after white supremacy was +restored. Even then, counterfeit bodies perverted the name until they were +suppressed by the natural rulers of the land. Congress passed a bill which +provided for<span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span> suspension of civil government in any district in which Ku +Klux lawlessness existed, thus depriving all the people of trial by jury +and other rights, and placing whole communities under the ban of military +power. The Alabama legislative enactment pronounced anyone found in +disguise a felon and outlaw. It also provided that if a person was whipped +or killed by men in disguise, the county could be sued for a penalty +ranging from $1,000 to $5,000; and it made it the duty of the prosecuting +attorney of the county to institute suit for and in behalf of the victim +or his relatives, in any case where no indictment was found.</p> + +<p>After the Nashville convention the order courted publicity, in order to +inspire respect for its powers, and the Ku Klux sometimes paraded in +daylight. Their appearance in public was sudden and unheralded; and they +disappeared as silently and mysteriously. The perfection of their +movements in drill revealed the training which the members had received as +cavalrymen during the war. Sometimes the parades were at night, and then +the mystery of their sudden appearance and the weirdness of the spectacle +were heightened. One of the night parades was in Huntsville, and the story +of it was circulated throughout the north as evidence that another +revolution was imminent. It was in the nature of an <span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span>acceptance of +challenge, and the circumstances connected with it were as follows:</p> + +<p>On October 30, 1868, C. C. Sheets, a Grant candidate for elector, made a +speech in Florence. About ten o’clock that night a band of disguised men +visited his sleeping apartment. He attempted to escape by way of a +gallery, but was caught and taken back to his room. After a short stay the +band retired without having in any way harmed him. Sheets said that they +exacted from him a promise that he would desist from making inflammatory +speeches. Later in the same month Sheets delivered a speech in Huntsville. +It was reported that in the course of that speech he told his colored +audience that he had been interfered with a few nights before in Florence +by Ku Klux, and that he had promised them then that he would not make the +abusive and inflammatory speeches that he had been making; but up there, +where there were so many colored people, he wasn’t afraid to say what he +pleased, and that if the colored people would do what was becoming in +them, they would carry with them weapons and shoot down those disguised +men wherever they found them; that the reason the Ku Klux paraded the +country was because the negroes were weak-kneed.</p> + +<p>The speech excited the negroes. They remained<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span> in town all day, and at +night a meeting was held in the court-house and many negroes, with guns, +attended. During the day leading negroes loudly proclaimed that Ku Klux +would never again be permitted to enter the town; that if they attempted +to do so, they would be shot on sight. A federal military officer had said +it would be lawful to do this. A rumor circulated that Ku Klux were +assembling at a point some miles distant, and about dark two large posses +of negroes, under command of deputy sheriffs, repaired to points along +principal roads to intercept them. While the speaking at the court-house +was in progress, fugitive negroes from the posses, which had suddenly +dissolved at the approach of danger, rushed to the court-house and +announced that Ku Klux were marching on the town. The meeting broke up in +confusion and the people hurried into the yard. All the near-by streets +and the sidewalks surrounding the square were thronged with people, white +and black. Suddenly the cavalcade, numbering about two hundred, fully +uniformed in tall conical hats, long gowns, and hoods with eyeholes, some +armed with guns and sabres, wheeled into the square, and without sound +save the whistle signals—then almost as awe-inspiring as had been the +“rebel yell”—rode in military order completely around the court-house, +and then turned<span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span> into one of the streets. Proceeding along this some +distance, the column halted and formed into battle line. After maintaining +this formation for a few minutes, the march was resumed and the band +disappeared.</p> + +<p>There was stationed in Hunstville at that time a regiment of regular +troops, and their commander, General Cruger, with some of his staff +officers, from a hotel veranda viewed the spectacle of the Ku Klux parade. +His comment was that “it was fine but absurd.”</p> + +<p>There was an unfortunate episode of the event:</p> + +<p>Just as the Ku Klux withdrew there was a discharge of firearms in the +courtyard. Some witnesses said that the first discharge, an accidental +one, due to nervousness, caused the others. Judge Thurlow, a visitor, was +mortally wounded, and said a short while before his death that he was shot +accidentally by his Republican friends. A negro seated on the court-house +steps was killed instantly. Two white men and a negro were wounded. This +tragedy was without design, and the excitement was quickly quieted.</p> + +<p>A rumor that a few undisguised Ku Klux were posted about the square was +supported by the fact that after the departure of the troop three men, +having disguises in hand, were arrested by soldiers<span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span> while in the act of +mounting horses in one of the side streets. Later in the night they were +rescued from jail by their comrades, and were never officially identified. +But their paraphernalia was retained by the officials and often exhibited +and photographed. Perhaps none other was ever captured directly from a +wearer.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span></p> +<h2>CHAPTER THIRTEEN</h2> +<p class="center"><span class="big"><span class="smcap">A Miscarriage</span></span></p> + +<p>There were some miscarriages in the operations of the klan. A memorable +one of this character is recalled. A cavalcade, supposed to have started +from the western side of the Warrior river, rode through Greensboro and +proceeded to Marion, a distance of about thirty-five miles, presumably to +take from jail and execute a negro who had, with but slight provocation, +killed a white man with a paling which he wrenched from a fence. The +riders visited the jail and demanded the keys. The jailer’s wife appeared +and implored them to desist. The jailer himself, a member of a fraternal +order, made an appeal which was recognized and respected by members of the +party and was successful, and after much parleying, the invaders withdrew +without molesting the custodian of the county Bastile or his charge. But +an episode of the foray was embarrassing and dangerous. The riders had +proceeded only a short distance when one of the horses<span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span> fell and expired, +in full mock panoply. Here was an awkward situation for the raiders. A +comrade, far away from home, unhorsed and subjected to inevitable +detection should he be abandoned! It is not known by what means he escaped +and regained the realms of the “Grand Cyclops.”</p> + +<p>The warning to evil-disposed persons conveyed by this raid perhaps +obviated the necessity for another in that particular part of the county.</p> + +<p>Across the border line of Mississippi occurred a lamentable disaster, due +to incompetent leadership and ignorance of locality.</p> + +<p>In 1870 the carpetbag government in Mississippi reached the zenith of its +power, and its baleful influence pervaded every nook and corner of the +state. The effects of misgovernment were deplorable. Lands which in +ante-bellum days were appraised at twenty-five to seventy-five dollars per +acre had so depreciated in value that at forced sales only about one +dollar per acre could be obtained. There were few real estate transfers; +some of the lands were depopulated; the only immigrants were carpetbaggers +seeking offices; taxation was oppressive, especially for the support of +schools, and almost the entire burden was laid upon the whites; the scanty +possessions of negroes were within the limits of exemption; even the poll +tax, devoted to<span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span> school purposes, was evaded by them. In some counties +tax-payers bore the expense of schooling three negro pupils to one white +pupil. At length they resisted collection of the tax.</p> + +<p>Robert W. Flournoy, of Pontotoc, distinguished himself in the resultant +controversy. When not engaged as deputy postmaster and county +superintendent of education, he conducted a weekly newspaper, and made it +and himself odious. In his paper he bitterly denounced the Ku Klux as +“midnight prowlers and assassins,” and responsible for the suppression of +public schools. He insisted that in the schools there should be no +separation of races, and engaged in a prolonged and heated controversy +with the governor over the question of admitting negroes to the State +University.</p> + +<p>Colonel Flournoy received from the Grand Cyclops a communication, +intimating that at an early date he would receive a visit from the men +whom he had denounced. About midnight, May 13, 1871, Flournoy’s office +foreman and a companion aroused him from sleep with the startling +announcement that a band of Ku Klux had appeared in the village, and the +leader was inquiring where the colonel’s residence was located. He had +some shotguns, and, arming himself and his callers, departed from home and +repaired to a blacksmith shop near by. At this<span class="pagenum"><a name="Page_102" id="Page_102">[Pg 102]</a></span> place a number of +townsmen, well armed, had already assembled. The colonel subsequently +accounted for their presence with arms with the statement that during the +afternoon they had been hunting, and when the foreman had alarmed them +they were engaged in a game of cards. Altogether, these men constituted a +strong force, and proceeded to arrange an ambuscade at the shop.</p> + +<p>Meanwhile the Ku Klux, who, according to later revelations, were +strangers, wholly unacquainted with the locality, having learned the +situation of the Flournoy residence, were approaching it, unconscious of +the state of affairs. Fronting the place and extending a long distance +were deep and tortuous gulleys, and in their progress the horsemen became +entangled and bewildered as in a maze and their formation broken. +Extricating themselves in groups and singly, they approached the shop. +Chancellor Pollard and Deputy Sheriff Todd were with the concealed +villagers, and the former emerged from the rear of the shop and commanded +the riders to surrender. Simultaneously, someone in concealment fired a +shot, and instantly the ambushers sprang from cover and discharged a +volley in the direction of the disordered klansmen. The surprise was +complete and overwhelming. Horses, becoming unruly, frantically turned and +fled. The riders in<span class="pagenum"><a name="Page_103" id="Page_103">[Pg 103]</a></span> advance were thus thrown back upon those emerging +from the gulleys. In the resultant confusion there was desultory firing +back and forth, but the unfortunate strangers were unable to rally at any +point, and singly and in small groups they withdrew to the main street, +where they found themselves in little less embarrassing a situation. No +one knew in what direction they should retreat. They had lost their +bearings and knew not how to reach the road over which they had entered +the village. Disbanded, they fled in different directions.</p> + +<p>Colonel Flournoy’s supporters, for the most part, were ignorant of the +character of the men whom they had assaulted and the object of the foray, +and were easily led into the mistake of pressing the advantage they had +gained. Consequently, led by Flournoy, they intercepted a small body of +the raiders and fired on them.</p> + +<p>Stampeded as they were, the resolute riders halted and returned the fire.</p> + +<p>After daybreak a man, fully costumed and still in mask, badly shot, was +found at the place where he and his comrades had been waylaid. The +unfortunate was tenderly cared for, but expired a few hours later. Three +others were wounded, but escaped. Sixteen horses, abandoned by their +riders, together with the disguises of those riders, were<span class="pagenum"><a name="Page_104" id="Page_104">[Pg 104]</a></span> picked up next +day. The original party comprised thirty men.</p> + +<p>There was profound sorrow in the little town when the inhabitants learned +what an awful mistake had been made.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_105" id="Page_105">[Pg 105]</a></span></p> +<h2>CHAPTER FOURTEEN</h2> +<p class="center"><span class="big"><span class="smcap">A Convention Supplements Ku Klux</span></span></p> + +<p>Throughout the reconstruction period there was perhaps more turbulence in +Choctaw than in any other county of the district, but, after all, the +climax in the struggle for restoration of white supremacy was in an +orderly and regularly-organized meeting of citizens, without any attempt +at secrecy of proceedings.</p> + +<p>Judge J. Q. Smith, as substitute for Judge Luther R. Smith, as previously +chronicled, undertook to hold the regular term of the circuit court at +Butler. The sheriff attempted to arrest a boisterous man outside the +court-house and met defiance and resistance; consequently, in alarm he +resigned, and the judge, after some deliberation, concluded he could not +proceed without a sheriff and returned to his own proper jurisdiction. The +people in attendance and the residents of Butler held a meeting and +adopted a resolution requesting resignations from all public officials. +More cautious men dissuaded the leaders from promulgating the resolution, +and<span class="pagenum"><a name="Page_106" id="Page_106">[Pg 106]</a></span> a movement started to have meetings in all the precincts and +delegates to a county meeting chosen. This project was successfully +accomplished, and the county meeting adopted a resolution which had been +adopted at a meeting in Sumter county. But in the interval between the +impromptu gathering and the regularly-organized county meeting most of the +officials had taken time by the forelock and anticipated the request that +they vacate the offices. The resolution adopted declared devotion to law +and order and opposition to any violation thereof, but recited the fact +that the objectionable officials held office, not by choice of the people, +but contrary to their will; that the officers had demonstrated their +incapacity to enforce the laws, and, therefore, in the interest of the +public they should resign.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_107" id="Page_107">[Pg 107]</a></span></p> +<h2>CHAPTER FIFTEEN</h2> +<p class="center"><span class="big"><span class="smcap">Foiled the Ku Klux</span></span></p> + +<p>Throughout the reconstruction period there was less lawlessness in Hale +than in the counties adjoining, and overthrow of the radical +administration was effected without bloodshed.</p> + +<p>January 19, 1871, in the wee sma’ hours, a cyclops and his retinue of +seventy unceremoniously called at Judge Blackford’s apartments to pay +their respects. The call was intended as a sort of “surprise party”; but +coming events had cast their shadows before, and those shadows were as +premonitions of an early nocturnal visit, and the judge was “not at home.” +He was cautiously domiciled in a room adjoining his office, in another +part of town. Here, in the embrace of Morpheus, perhaps reveling in dreams +of a blessed land beyond the jurisdiction of the Grand Wizard, he was +aroused with the cry of “Ku Klux!” by an alert negro, who had hastened +from the judge’s home to apprise him of the presence there of the +unwelcome visitors. The alarm was not premature, for the horsemen were +hotfooting in the<span class="pagenum"><a name="Page_108" id="Page_108">[Pg 108]</a></span> wake of the negro and reached the office almost as soon +as he. The judge needed no repetition of the dreadful tidings. His +transition from Dreamland to earth was instantaneous, and his plunge in +dishabille through an open window was a disappearing act worthy of +reproduction on a dramatic stage. The weird sound of a whistle close at +hand broke discordantly into the sweet concert of frogs, katydids and +other melodists of the nights and accelerated the speed of him who sought +asylum and ghostly solitude in the boneyard in the depths of the forest.</p> + +<p>Recounting the thrilling incidents of that awful night, and his sojourn of +three nights in the gruesome refuge, Dr. Blackford, expressed bitter +resentment of the rude treatment to which his glossy tile, which he +abandoned in vanishing through the window, was subjected by the klansmen; +they placed it on the end of a staff and bore it as a sort of mock pennant +at the head of the cavalcade. Often trivial incidents, if ridiculous or +amusing, eclipse those that are grave. It was so in the Eutaw riot, when a +“plug hat” diverted dangerous men from an unlawful purpose,—but that is +another story, and will be told in due time.</p> + +<p>For the next few days, Dr. Blackford camped at night and returned to his +office in the morning. According to his own statement, a prominent +<span class="pagenum"><a name="Page_109" id="Page_109">[Pg 109]</a></span>Confederate general took him to his quarters in a hotel and promised him +protection temporarily. One evening, in general conversation, the subject +of the Ku Klux was broached, and the host imparted to his very receptive +guest much information thereon. The klans pervaded the country, and were +better organized than the Confederate army had ever been. There was no +escape for a proscribed man if he should tarry when ordered to be on the +move; when they dealt with a man, a klan from some other county or state +did the work, and all residents could be seen pursuing their accustomed +walks. “You are watched,” he said, “day and night, and your whereabouts +cannot long be concealed. On that night when the Ku Klux were after you, +not more than one or two persons in the vicinity had knowledge of their +coming.”</p> + +<p>[There were at that time in Greensboro two distinguished Confederate +generals, Forrest and Rucker, engaged in building the Selma and Memphis +Railroad.]</p> + +<p>Judge Blackford conferred with some prominent citizens, and at his request +they consented to purchase his property on condition that he resign and +betake himself to other parts. After prolonged negotiations, the +arrangement was effected. Governor Lindsay appointed as Blackford’s +successor to<span class="pagenum"><a name="Page_110" id="Page_110">[Pg 110]</a></span> the probate judgeship Mr. James M. Hobson, father of +Congressman Richmond P. Hobson. Dr. Blackford, with his grievances, +repaired to Washington, where an emollient in the form of a special agency +of the Postoffice Department diverted his thoughts from the enemies he had +left behind.</p> + +<p>The details of Dr. Blackford’s statement of information derived from the +Confederate general should be taken with a grain of salt, because his +memory was not accurate. In Washington he testified in regard to another +occurrence in Greensboro, and General Blair’s inquisitiveness exposed the +infirmity referred to.</p> + +<p>He said the citizens regarded the soldiers “as a set of niggers and +offscourings of creation” whom they could “buy with two dollars and a +drink of whisky,” and make them do their will. Then he related that “while +probate judge” there was an election in Greensboro, and soldiers in charge +at the polls got drunk and changed negroes’ votes. He interfered, and one +of them asked: “What the devil have you got to do with it?” The doctor +replied: “I have simply this much, I am the presiding officer here of this +county; I propose to keep the peace and enforce my rights as the presiding +officer of the county, and I will deal with you myself if you do not +leave.” The valiant doctor then drew a pistol<span class="pagenum"><a name="Page_111" id="Page_111">[Pg 111]</a></span> and said, “If you do not +leave here now, I will shoot you.” Comrades of the obstreperous soldier +interposed and bore him away, leaving the doctor in serene enjoyment of +his rights as “presiding officer of the county.” After he had testified +further at considerable length, Senator Blair suddenly projected himself +into the inquiry with the question:</p> + +<p>“On what occasion was it you drew your pistol upon a United States soldier +and told him you would shoot him if he would not desist?”</p> + +<p>“It was on the day of the election.”</p> + +<p>“What election?”</p> + +<p>“For the constitution; the day we voted on the constitution, I think that +was the day.”</p> + +<p>“What office did you hold then?”</p> + +<p>“No, sir; it was not the day of the constitutional election; it was the +day on which the election, I think, of officers took place, and I know +that I was—or at least my impression is that I was probate judge at the +time; that is my impression, that I was probate judge at the time.”</p> + +<p>“The officers were elected on the same day the constitution was voted on. +So you could not have been a probate judge until you were elected and +commissioned.”</p> + +<p>“No, sir; my impression is, that it was after I was probate judge that +that occurred. I think I told<span class="pagenum"><a name="Page_112" id="Page_112">[Pg 112]</a></span> him that by virtue of the office that I +held, if he did not desist from this—I know that was my assertion to the +soldier.”</p> + +<p>“Was that a proper act for an officer, a conservator of the peace?”</p> + +<p>“I do not know that it was, but the acts of violence going on, I thought, +demanded it, and the sheriff of the county had left,—and left these +soldiers there to do just what they pleased, and they were drunk; and when +I asked them several times to desist from this thing, and this fellow +clapped his hand on his pistol,—and I had a large derringer in my pocket, +and I told him he should do it.”</p> + +<p>“You drew your pistol on him?”</p> + +<p>“Yes, sir; I drew my pistol.”</p> + +<p>“Was it your duty to arrest him?”</p> + +<p>“Perhaps it might have been, sir. I did not think so; in the midst of that +excitement, I did not think so, sir.”</p> + +<p>“If a peace officer set such examples, they cannot complain that they are +followed by others.”</p> + +<p>“Yes, sir; that may be all true, but the peace officers had all forsaken +me and I was there, either to let the election go by default or else to +pursue that course,—and I resolved on that to get him away from there.”</p> + +<p><span class="pagenum"><a name="Page_113" id="Page_113">[Pg 113]</a></span>“Would not the course have been just as effectual if you had arrested him +in the name of the law?”</p> + +<p>“I think the parties around him would have resisted arrest.”</p> + +<p>“Would not they have equally resisted your firing upon him?”</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_114" id="Page_114">[Pg 114]</a></span></p> +<h2>CHAPTER SIXTEEN</h2> +<p class="center"><span class="big"><span class="smcap">In Tuscaloosa</span></span></p> + +<p>Two young men belonging in the hills of Tuscaloosa county, were journeying +in a wagon, bound homeward from a trading trip to Northport (across the +river from Tuscaloosa). Passing a negro lad, they jestingly pretended that +they would kidnap him. In alarm, the boy fled to his home and informed his +father that he had been mistreated; and the man armed himself with a gun +and pursued the unconscious young men. Overtaking them, he leveled his gun +menacingly and cursed the unarmed and defenseless white men. That night +they, with some friends, repaired to the negro’s house to chastise him. He +had assembled a number of armed friends in anticipation of an attack. He +had loosened some of the flooring, and through the opening thus provided +crawled to the edge of the house, and, emerging from this position, crept +unperceived to the near-by bushes. While the whites were parleying with +the inmates of the house, he discharged both barrels of his gun, and young +Finley fell dead.<span class="pagenum"><a name="Page_115" id="Page_115">[Pg 115]</a></span> Shots from the house succeeded. Attacked front and +rear, the whites withdrew in disorder. News of the occurrence quickly +spread far and wide.</p> + +<p>Next day one of the negroes implicated was caught and killed. Later, +another, who had been captured and incarcerated in jail at Tuscaloosa, was +taken therefrom by a band of men and executed. The ringleader escaped +temporarily. Twice in pursuit of him steamboats were stopped and searched. +The fugitive had been on one of them, but debarked at one of the landings. +About twelve months after the unsuccessful chase, the fugitive was traced +to a plantation in Hale county, where the habit of wearing a heavy +revolver even while at field work rendered him an object of suspicion, and +caused an investigation which revealed his identity. His dead body, weapon +in hand, was found one day on the roadside, and his taking off was +associated in the minds of the people with the brief visit to that +neighborhood of two white men, who departed in the direction of Tuscaloosa +county. Consequences of this affair were a change in the office of +sheriff, recall of troops, and other tragedies, but the ultimate effect +was a better understanding between the races.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_116" id="Page_116">[Pg 116]</a></span></p> +<h2>CHAPTER SEVENTEEN</h2> +<p class="center"><span class="big"><span class="smcap">A Series of Tragedies</span></span></p> + +<p>In Sumter county affairs were approaching a climax when Enoch Townsend, a +negro, about dark one evening waylaid and repeatedly stabbed Mr. Bryant +Richardson, a planter, and fled after Mr. Richardson, despite his wounds, +bravely struggled to overcome his assailant. A warrant for the arrest of +the assailant issued, and officers sought him on the plantation of Dr. +Choutteau.</p> + +<p>Choutteau was of French descent and migrated to Sumter from Louisiana, +where, it was rumored, he had been involved in serious trouble. He is +described as a swaggerer. During his early residence in Sumter he +expressed intense dislike of freedmen and lost caste with the whites by +seriously advocating wholesale poisoning as a means of relieving the +county of the surplus of its negro population. Later he yielded to the +temptation of office, and identified himself with the league and gained +odious notoriety by his radicalism. He had constantly about him at<span class="pagenum"><a name="Page_117" id="Page_117">[Pg 117]</a></span> his +plantation armed negro guards; the league met there and picketed the roads +thereabout. At length he became intolerable.</p> + +<p>To this plantation officers with the warrant of arrest repaired and +searched the cabins in the negro quarters. After the search was nearly +completed, a negro scrambled from the chimney of a cabin to the roof, +sprang thence to the ground and fled. Disobeying the summons to halt, he +was fired upon by the posse and killed. Poor fellow! he was the wrong man, +and no one ever learned why he acted so like a criminal. The dead man +proved to be Yankee Ben, president of the Loyal League at Sumterville. +(The fugitive Townsend was arrested by two law-abiding freedmen and lodged +in jail at Livingston.)</p> + +<p>The killing of Yankee Ben excited the negroes, and a meeting was called at +Choutteau’s place for the purpose of formulating plans to avenge it. Sixty +armed negroes assembled accordingly on Saturday, but were dispersed. On +Monday one hundred and fifty met at Choutteau’s. Simultaneously, twelve +white men went there to hold an inquest on the remains of Yankee Ben, +which had previously been interrupted by the proceedings narrated. On the +latter occasion Choutteau refused to permit an inquest unless by a jury +composed of negroes. In this<span class="pagenum"><a name="Page_118" id="Page_118">[Pg 118]</a></span> his dusky adherents supported him, and were +insulting in demeanor. One hundred whites reinforced the jury and +scattered the negroes. Thereupon Choutteau withdrew his objection. +Moreover, he promised that if permitted to remain on his place undisturbed +for a few days, he would leave the neighborhood, adding that he had for +some time contemplated the move. He was told that what he purposed to do +was unnecessary, and that he was required only to cease his turbulent +practices.</p> + +<p>Choutteau moved to Livingston, and shortly afterward his plantation house +was destroyed by fire. He then posed as a victim of Ku Klux incendiarism, +magnified his losses, memorialized the legislature for reimbursement, +published exaggerated stories of the occurrence, and vociferously +threatened revenge. He was regarded as a menace to the safety of the +community in which he had taken up his residence.</p> + +<p>Shortly after midnight August 13, 1869, his house was attacked by a small +band of men, who forced an entrance into the hall. Doors on each side gave +entrance to sleeping quarters, and an invader broke out a panel of one of +them, struck a match and thrust his face into the opening. A gun was fired +from within the room and the man fell to the floor. The weapon was +discharged by a German named<span class="pagenum"><a name="Page_119" id="Page_119">[Pg 119]</a></span> Coblentz, whom Choutteau had hired as a +guard. The intruder’s head was blown to pieces, and the entire brain, with +one hemisphere intact, together with the mask the unfortunate had worn, +was found on the floor next morning. When the victim fell back from the +door, a comrade sprang to the vacated place and fired several shots at +Coblentz, inflicting wounds from which he died an hour or so later. +Believing they had killed Choutteau, the band departed, taking the fallen +comrade. Blood drippings marked for some miles, to the river, the trail of +the retiring invaders. The negro ferryman testified that they ferried +themselves over the stream.</p> + +<p>The dead man’s identity was never disclosed to the public, but there was a +rumor that he was a young doctor, and that his remains were interred by +companions, who sent to his home his watch and other valuables which he +had about his person, with information regarding the place of burial. In +some unhappy home, a mother, wife or other loved ones long mourned the +fate of him who had died so tragically. Choutteau did not tarry. He was +given employment in Washington, and disappeared from view.</p> + +<p>The party which visited Livingston that fateful night divided and a +detachment went to the house of George Houston, one of the negro +legislators.<span class="pagenum"><a name="Page_120" id="Page_120">[Pg 120]</a></span> When the firing began at Houston’s home, someone sprang from +a window and fled to the brush. Thinking it was Houston and that he had +escaped, this band reunited itself with the others and all departed. It +was Houston’s son who escaped. Houston himself was wounded, but recovered, +and left for Montgomery, returning no more. Houston was accused of having +repeatedly uttered the threat that if the whites did not cease their +regulating activities he would have Livingston laid in ashes.</p> + +<p>On August 8, of the same year leading citizens of Livingston received +telegrams advising them that one hundred armed negroes, en route to +Livingston, had stopped at Gainesville, in the same county, and purchased +quantities of ammunition. Very soon thereafter Captain Johnson, commander +of a steamer on the Tombigbee river, telegraphed to Livingston that in +steaming up the stream he had seen groups of negroes on the banks,—all +with guns,—who said they were going to Livingston to attend a nominating +meeting, to be held next day; that they had been ordered to attend with +arms. Another dispatch was received from Eutaw saying that Congressman +Hays had engaged transportation next day for one hundred negroes.</p> + +<p>The white people of Livingston, on receipt of<span class="pagenum"><a name="Page_121" id="Page_121">[Pg 121]</a></span> these dispatches, bestirred +themselves and summoned reinforcements from other points.</p> + +<p>The night preceding the day set for the meeting the negroes camped outside +of town. Next day, when they entered Livingston, they were confronted by a +body of white men, who told them they would not be permitted to retain +their guns while in town and must take them back to the camp. The negroes, +after some disputation, on learning that the congressman would not be +present, retired. Burke, the negro legislator and president of the league, +went to the camp and harangued them. He urged them to return to town with +their guns and resist any interference that might be offered. He wrought +them into a state of excitement.</p> + +<p>One negro, Hayne Richardson, refused to lay down his gun, and was shot on +the road some distance out of town. The report of the gun attracted +attention both in town and camp, and suddenly a party of horsemen dashed +toward the latter, firing their weapons. The sudden attack abruptly +terminated Burke’s fervid oratory and his audience fled. Some were shot. +Richardson was badly hurt, but escaped and left the county. The following +night twenty horsemen surrounded Burke’s dwelling. He escaped from it and +fled, under fire. Early in the<span class="pagenum"><a name="Page_122" id="Page_122">[Pg 122]</a></span> morning his body was found stretched in a +path leading to the dwelling of his former master.</p> + +<p>Price, the man of multifarious official employment, called the meeting, +and the negroes who testified in the investigation said that his runners +told them he directed that they attend with guns. Price took final leave +of Sumter before the shooting commenced.</p> + +<p>Congressman Hays said he was prevented from attending by sickness of a +member of his family. He disavowed any responsibility for the negroes +going armed. “I only want to state this,” he said, while testifying in +Livingston, “in connection with that matter—I do not know that it is +worth stating: that I understood from friends of mine here that there was +a regular mob down there to assassinate me the very moment I got off the +train. I heard that afterward,—that if I had come here, I would have been +killed instantly. If I had been, I would have been killed innocently.”</p> + +<p>Congressman Hays was unfortunate in being placed in alleged false +situations. There was another memorable occasion when appearances were +against him, however innocent of evil designs he may have been:</p> + +<p>There was to be a meeting at Boligee, in Greene county, and Colonel J. J. +Jolly, of Eutaw, was <span class="pagenum"><a name="Page_123" id="Page_123">[Pg 123]</a></span>invited to address the gathering. The Boligee +Democratic Club sent a committee to Major Charles Hays with an invitation +to discuss jointly with Colonel Jolly the issues of the campaign. The +invitation was accepted. When Major Hays arrived there was gathered a +party of armed negroes. According to his own statement under oath, Hays, +in relating the incidents of the abortive meeting, said that a half-hour +after his arrival “there came some fifteen young men riding up, with +double-barreled guns and a few hounds following them. I saw this +demonstration at once and I came to the conclusion that it was gotten up +for a row.” He had been present for a half-hour and was all the time aware +that a crowd of armed negroes was gathered, but said nothing in +remonstrance, but as soon as the party of young white men rode up he +immediately stepped to the door of the building in which he was waiting, +and said to the negroes: “You have come here with guns in your hands, and +you know that I have expressly said to you that I would never speak to you +on any occasion whatever when you brought arms to a political meeting at +any place, and I shall decline to have anything to do with this matter in +any way whatever.” Then, turning to the white men, “I hope, gentlemen, you +will excuse me; I’m going home.”</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_124" id="Page_124">[Pg 124]</a></span></p> +<h2>CHAPTER EIGHTEEN</h2> +<p class="center"><span class="big"><span class="smcap">Disappearance of Price</span></span></p> + +<p>Price was the most turbulent and desperate character among the radicals. +One of his own ilk declared that Price had not brought with him even so +much as a carpetbag, but was soon grasping everything in sight. After the +trouble in Livingston, just described, he fled to Meridian, and continued +there to be a disturbing element.</p> + +<p>Lauderdale county, Mississippi, of which Meridian is the capital, and +Sumter county, Alabama, adjoin. A negro of Livingston went to Meridian to +obtain some farm laborers. On his return he reported that he had been +assaulted by disguised negroes, in whose leader he recognized Price. An +officer went from Livingston to investigate, and was assaulted by Price +and others. Price was arrested by the Meridian authorities, and when the +trial was due a number of Alabamians were gathered in that town. The trial +was to be before the mayor. Some of the county and city officials +requested the mayor not to permit the trial to proceed, because if he did +there would certainly be an outbreak. In compliance with the request, the +trial<span class="pagenum"><a name="Page_125" id="Page_125">[Pg 125]</a></span> was postponed and Price permitted to escape. He never reappeared +and nothing is known of his subsequent career. But he entailed trouble on +the people, and there was a bloody sequel to his arrest and release. +Negroes held a meeting and resolved that they would repel with force any +future “raids” by Alabamians. After the meeting adjourned an incendiary +fire started, and leading negroes at the scene discharged revolvers +recklessly. This caused much excitement, and some colored men were +arrested and held under guard. Monday morning at eleven o’clock white +citizens met and adopted a resolution asking the mayor to resign and leave +the city. At three o’clock the trial of the negro prisoners began. Many +Alabamians were in town, among them, according to statements, the noted +Steve Renfroe, of Sumter, and Joe Reynolds, of Eutaw (“Captain Jenks”). +The trial or investigation was before a justice named Bramlette. A white +witness concluded his testimony and was about to retire, when one of the +accused negroes, Tyler, insultingly asked him to continue on the stand a +few minutes, as he wished to impeach his testimony with that of some negro +witnesses whom he would introduce. The witness picked up a cane which was +lying on the table and moved toward Tyler. A pistol was fired from the +direction of that<span class="pagenum"><a name="Page_126" id="Page_126">[Pg 126]</a></span> part of the room in which Tyler and a number of others +were grouped. Bramlette sank back in his chair, dead. Firing of pistols +became general and there was great disorder and confusion. Clopton, one of +the negroes under arrest and charged with incendiary utterances, was +wounded and thrown from a window of the room, which was in the second +story. He was taken into the sheriff’s office, and in the uproar there +killed. Tyler escaped from the building and hid in a shop some distance +away. Pursuers found and killed him. Few doubted that he fired the shot +which killed the justice.</p> + +<p>Excitement continued through the afternoon. Three other negro leaders were +arrested and placed under a guard for protection. Two nights afterward +they were taken from the guards and executed.</p> + +<p>The mayor abandoned his office and left the state. An obnoxious member of +the legislature was sought, but fled and did not return.</p> + +<p>One of the utterances of Tyler at the negro meeting recalled a remarkable +incident in the history of Meridian. In a drunken brawl an Indian +belonging to the Mississippi Choctaw tribe was killed there. A band of his +tribesmen, in a spirit of retaliation, visited Meridian and killed the +slayer. Tyler referred to this action of the Choctaws as an example worthy +of emulation by his people.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_127" id="Page_127">[Pg 127]</a></span></p> +<h2>CHAPTER NINETEEN</h2> +<p class="center"><span class="big"><span class="smcap">Riots in Marengo</span></span></p> + +<p>In the campaign of 1870, a former slave owner was one of the Republican +candidates for office in Marengo county, and made what was regarded as an +inflammatory speech to negroes gathered at Shiloh, a hamlet, situated in a +section of Marengo county largely populated by negroes. A few white men +were present, and between them and the candidate an angry controversy +arose. The immediate result was cessation of the speechmaking and +dissolution of the meeting. The orator was escorted by white men to a +buggy and departed in safety. He was a pugnacious man and had a record of +at least one victim to attest his prowess in rencontre. Some days later he +repaired to Linden, the county seat, accompanied by two negro men, +ostentatiously bearing a United States flag. There had assembled a great +crowd of negroes, who were, as usual, armed. With him on the platform was +Captain C. L. Drake, the man of many offices, and above them floated<span class="pagenum"><a name="Page_128" id="Page_128">[Pg 128]</a></span> Old +Glory. An offensive reference to the disturbance at Shiloh provoked a +quick retort from one of a small group of white men who were listening to +the speech. The orator paused, dramatically removed from his pockets his +watch and purse, and from its fastening a diamond pin, handed them to the +sheriff, with the request that he convey them to the candidate’s wife, in +the event of a fatality, drew a pistol, and, remarking that he had been +mistreated and would “fight it out,” descended from the platform. Negroes +with guns sprang into double ranks, enclosing him on two sides. The group +of whites promptly seized and disarmed him, and meanwhile white men with +arms were rushing to the scene from all quarters. Somewhere on the +outskirts of the throng a pistol was fired which caused a stampede in that +quarter. The negroes about the platform, confronted by a line of +determined whites, yielded and retired from the scene. Drake fled to his +office and thence to tall timber. The candidate, forsaken by his +followers, asked for protection, and was hurried into a room of the +court-house and locked in with two or three citizens. The angry crowd +outside was clamorous and the beleaguered man, rejecting all suggestions +of plans for flight, himself finally proposed as a means of quieting the +uproar to sign a paper relinquishing his candidacy for sheriff and<span class="pagenum"><a name="Page_129" id="Page_129">[Pg 129]</a></span> +withdrawing from politics. Duplicate copies of the paper were drawn up and +signed; he retained one of them, and the other was taken outside and read +to the people. It produced the desired effect. The candidate was placed in +a buggy and, accompanied by an escort, proceeded to his home. And thus +ended “the Linden riot.” But the candidate was irrepressible and speedily +repudiated his act of self-abnegation as having been done under +intimidation.</p> + +<p>He spoke at Belmont, a small settlement, and became involved in an affray +with a resident. This created a general disturbance, in which the meeting +was broken up and the negroes sullenly retired from the scene. They +threatened to burn the place, and a white man was shot at from ambush. So +unusually hostile and aggressive were the negroes that warrants issued for +the arrest of certain of their leaders, among them Zeke High. There were +posted notices of a meeting of negroes at Belmont on July 5, 1870. White +men in considerable numbers assembled there on that date, and the meeting +was prudently postponed. A negro was whipped that night, and next night he +assembled at his house, in a dense swamp near the river, a number of armed +friends. A scouting party of whites, seeking information respecting the +purposes of the negroes, <span class="pagenum"><a name="Page_130" id="Page_130">[Pg 130]</a></span>approached their stronghold in the darkness of +night; one of them (Melton) entered the yard and was fired at. Melton +dropped to the ground and feigned death to escape another volley. Both +sides, thinking he was dead, ceased firing, and the whites withdrew to +give the alarm. A warrant of arrest was placed in the hands of an officer, +but he was unwilling to attempt to serve it at night. A young man named +Collins, bold and fond of excitement and adventure, volunteered to serve +the warrant and was duly commissioned. Collins, with three companions, +approached the house, but before he had time to summon the inmates to +capitulate, a volley was fired by the latter and Collins sank from his +horse in death. Two of his companions were slightly injured, and the +party, after returning the fire, retired. This occurrence created intense +excitement and indignation. Whites gathered from the surrounding country. +The negroes were greatly reinforced and fortified a position in an almost +impenetrable part of the swamp. Some of the whites favored an immediate +assault, but other counsels prevailed, and the sheriff, with a small +posse, proceeded to the scene and demanded Collins’ body. The demand was +refused. Next day the sheriff rode into the midst of the mob and again +demanded the body, and got it. A few hours later<span class="pagenum"><a name="Page_131" id="Page_131">[Pg 131]</a></span> the white forces made a +quick and determined forward movement to dislodge the negroes from their +almost impregnable position, and found it abandoned,—the negroes had +disbanded and fled in terror. This terminated “the Belmont riot”; but it +had a sequel in the retributive death of the negro leader, Zeke High, who +boasted that his shot killed Collins. On his own boastful confession High +was arrested and lodged in the Sumter county jail at Livingston. September +29 a party of mounted and disguised men from the direction of Marengo +forced the sheriff to surrender the jail keys, entered the prison and took +High from his cell, conveyed him a short distance away and hung and shot +him to death. This High was a desperate and dangerous character, and even +when seized by his executioners fought ferociously. When the leader +entered the dark cell in which High and three other prisoners were +incarcerated, he was assaulted and struck in the face with a heavy piece +of furniture, the blow dislodging several front teeth.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_132" id="Page_132">[Pg 132]</a></span></p> +<h2>CHAPTER TWENTY</h2> +<p class="center"><span class="big"><span class="smcap">Killings and Rioting in Greene</span></span></p> + +<p>In 1870 Eutaw, the seat of government of the rich county of Greene, +contained a population of 1,800 or 2,000, and prospered greatly in trade +with farmers in the surrounding country. It was a typical Southern +court-house town,—busy in fall and winter, almost dormant in late spring +and summer. Its men were among the earliest to volunteer for service in +the Confederate armies and latest to retire from that service; they were +also amongst the earliest to organize resistance to carpetbag rule and to +throw off the yoke.</p> + +<p>On the morning of April 1, 1870, the people of Eutaw were shocked when +informed of a tragedy which had been enacted during the night—Alexander +Boyd, county solicitor and register in chancery, had been shot to death by +Ku Klux! At first most persons discredited the gruesome story as an “April +fool” hoax, but incredulity gave place to amazement when the scene of the +awful tragedy was visited.</p> + +<p><span class="pagenum"><a name="Page_133" id="Page_133">[Pg 133]</a></span>Of all the acts attributed to the klan, perhaps none was bolder than the +slaying of Boyd. A bachelor, he had for a long time occupied sleeping +quarters in a detached office building situated in a corner of the +court-house yard; but having received a warning note, he became alarmed +and abandoned these quarters and obtained an apartment on the second floor +of the Cleveland Hotel only a few nights previous to his death. This hotel +was situated on a corner diagonally opposite the court-house, and was the +principal rendezvous of townsmen with a taste for gossip.</p> + +<p>Witnesses at the investigation into the circumstances testified that at +half-past eleven o’clock forty or fifty horsemen, in the regulation garb +and armed with revolvers, their horses robed and hooded, approached to +within a short distance of the hotel, where all except the customary +horse-holders dismounted and quickly and unhesitatingly entered the hotel +office, posted guards at all entrances, and then commanded the clerk to +take up a candle and show them to Mr. Boyd’s apartment. Obediently the +clerk led the way until he reached the corridor upon which opened the room +they sought. Pausing here, in his speechlessness he indicated the door by +pointing, and then fled the scene. Within a brief space an agonized +scream, heard blocks away, issued from<span class="pagenum"><a name="Page_134" id="Page_134">[Pg 134]</a></span> the room of the doomed man, and +was almost instantly succeeded by a heavy volley of pistol shots. The +panic-stricken clerk had hardly resumed his seat upon the office stool, +with hands to ears and head bowed upon his ledger, when the dread invaders +reappeared in the office. Signaling with whistles the recall of sentinels, +they quietly withdrew, remounted and rode around the square, in military +order, and then departed in the direction from which they first appeared. +[They were traced to the Mississippi border line.]</p> + +<p>After their departure, officials and others repaired to the corridor and +discovered the dead body, robed in night dress, perforated with many +bullets and almost completely drained of blood. Not a shot had missed the +mark. Inside the room a table, bearing a lighted lamp, his revolver and +watch, stood close to the head of the bed. He had not attempted to use the +weapon. Evidently the purpose of his slayers was to remove him from the +building, for one of them carried a suggestive coil of rope, but his +outcry and struggles settled his fate.</p> + +<p>Boyd was a nephew of William Miller, probate judge. Some years before the +war he was convicted of killing a young man named Charner Brown, and +sentenced to a term in the penitentiary.<span class="pagenum"><a name="Page_135" id="Page_135">[Pg 135]</a></span> A petition in his behalf was +presented to Governor Winston, and in response thereto the sentence was +commuted to one year’s imprisonment in the county jail. Having served the +sentence, Boyd departed for another state. At the close of the war he +reappeared, and, following the example of his uncle, sought office in 1868 +at the hands of the negroes, and was made county solicitor and register in +chancery. He was not distinguished as a prosecutor, but regarded as +indifferent.</p> + +<p>December 9, 1869, Dr. Samuel Snoddy left the village of Union, in the +northern part of Greene county, to return to his farm. Night overtook him +en route, and he became confused. Reaching the cabin of some negroes with +whom he was acquainted, he engaged one of them to pilot him. Early next +morning Dr. Snoddy’s badly mutilated remains were discovered on the +roadside. The unfortunate man had been murdered and robbed of a +considerable sum which he had on his person. Sam Caldwell, Henry Miller +and Sam Colvin, negroes, were arrested, accused of the crime, and lodged +in jail at Eutaw. The scene of the murder had become notorious on account +of being a centre of league activities and disorders, and the murder of +Snoddy aggravated the sense of wrong under which the whites had long been +restive; and when, a few days<span class="pagenum"><a name="Page_136" id="Page_136">[Pg 136]</a></span> later, the prisoners were released, one of +them on bond, they were seized and executed summarily. Solicitor Boyd, it +was alleged, manifested no zeal in the investigation of the Snoddy murder, +but became exceedingly active in the inquisition in connection with the +subsequent and consequent affair, and exultantly declared that he had +ascertained the names of all the men engaged in it, would send for +soldiers to effect their arrest, and vigorously prosecute them, and if +necessary hold the jury for six months.</p> + +<p>All of these facts were related in explanation of popular displeasure with +Boyd, which revealed itself first in the note of warning and finally in +the taking of his life. Mr. Boyd’s tombstone in the Messopotamia cemetery, +Eutaw, erected by Judge Miller, is inscribed: “Murdered by Ku Klux.”</p> + +<p>Greene county continued in a state of disorder, which grew worse as the +election approached.</p> + +<p>The Republican state executive committee advertised that on October 25, +1870, Senator Warner, Congressman Hays, Governor Smith and Ex-Governor +Parsons would deliver addresses at the court-house in Eutaw. On that day +the party of visitors, accompanied by General Crawford, military commander +of the department, and others, arrived in town. They were informed that +the Democratic<span class="pagenum"><a name="Page_137" id="Page_137">[Pg 137]</a></span> county committee had invited the voters to hear an address +by the Democratic candidate for the legislature, and had chosen the same +time and place. Thereupon the Republican leaders held a conference and +decided to invite the Democratic committee to hold with them a joint +meeting. Accordingly, Judge Miller, Congressman Hays and Mr. Cockrell were +commissioned to convey to the Democratic committee the following note:</p> + +<p>“We propose to appoint a committee of two to meet a committee of two from +your party, to arrange the terms of a discussion for the day, to meet +immediately at the circuit clerk’s office.”</p> + +<p>To this note the following reply was sent:</p> + +<p>“Gentlemen,—In answer to your note of this date, we, the committee +appointed by the president of the Democratic and Conservative Council of +Greene county, are instructed to say, that we do not consider the +questions in the present political canvass debatable, either as to men or +measures; and we therefore, in behalf of the Democratic and Conservative +party of Greene county, decline any discussion whatever.</p> + +<p class="poem">“<span class="smcap">J. J. Jolly</span>,<br /> +“<span class="smcap">J. G. Pierce</span>,<br /> +<span style="margin-left: 2em;">“<i>Committee</i>.”</span></p> + +<p><span class="pagenum"><a name="Page_138" id="Page_138">[Pg 138]</a></span>This reply was ominous. So apprehensive were the leaders that Congressman +Hays, who was exceedingly unpopular, decided, with the concurrence of the +others, that it would be safer if he should refrain from speaking. The +garrison troops were quartered a half-mile away from the court-house, and +Governor Smith requested General Crawford to have the entire body brought +to the court-house; but after conference with the sheriff, the general +concluded that a detachment posted two blocks distant would be a +sufficient safeguard.</p> + +<p>Immediately after the note of reply was sent, the Democrats called their +meeting to order on the north side of the court-house, and soon thereafter +the Republicans assembled on the south side. The Democratic meeting lasted +only a short time, and at its conclusion the auditors repaired to points +where they could listen to the Republican orators.</p> + +<p>Corridors run through the court-house, crossing each other in the centre +of the building. These spaces were thronged by white men.</p> + +<p>For the accommodation of the Republican speakers, an improvised platform, +formed of a table, was placed against a window opening from the clerk’s +office. All of the Republican visitors and local officials occupied chairs +in this office. By request of Senator Warner, the office door was<span class="pagenum"><a name="Page_139" id="Page_139">[Pg 139]</a></span> locked +from the inside, in order, as said, that “whatever danger there might be +would be in front.”</p> + +<p>Senator Warner spoke without unusual interference. Ex-Governor Parsons +followed and was listened to attentively. When he retired through the +window, the negroes called for Congressman Hays. A Democrat, Major Pierce, +approached Governor Parsons, who was seated inside near the window, and +advised him to restrain Hays. Parsons, in response, endeavored to attract +the attention of Hays, who had mounted the platform with the intention, as +he subsequently testified, not to deliver an address, but merely to +dismiss the audience. If this was true, his purpose was misunderstood, for +the table was suddenly tilted and Hays precipitated. As he fell a pistol +was fired, and the ball passed through Major Pierce’s clothing. Some +witnesses testified that Hays fired it, and Parsons afterward admitted +that Hayes was armed with a derringer; others, that the shot came from the +direction in which the negroes were massed. However this may be, there was +an impulsive forward rush by the negroes, and, as Warner admitted, they +had weapons in their hands.</p> + +<p>The first shot was instantly succeeded by a volley from the corridors, and +the onrush was halted. Suddenly, in a resonant voice, someone in a +corridor<span class="pagenum"><a name="Page_140" id="Page_140">[Pg 140]</a></span> shouted: “Go in, boys, now is your time!” Continuous firing +followed, and the negroes fled in great disorder, leveling the stout fence +which enclosed the yard, a few discharging pistols as they fled.</p> + +<p>Even in this grave situation there was an amusing incident. In his +testimony before an investigating commission Senator Warner, describing +the riot, related it accurately. Beaver hats were not worn in Eutaw at +that period. Mr. Parsons’ attire was similar to that of Quakers and +included a light-colored beaver hat. Senator Warner’s tile was +conventional, black and glossy. “I caught up the papers in my hands,” he +said, “and walked very deliberately to the right, in order to get out of +the way of the firing. There came from the right-hand side of the +court-house a pretty good line of men, thirty or forty, I should think. +They came around all together, and formed a tolerable line across from the +corner of the court-house to the fence, and commenced firing on the +negroes, who had broken down the court-house fence and were fleeing as +fast as they could. These men cocked their revolvers and fired upon them +as rapidly as they could. I looked at them for a moment, and then walked +up to them as they were firing. I saw some colored men falling on the +grass and then scrambling up and moving off. I walked up to these men and +held up my hand<span class="pagenum"><a name="Page_141" id="Page_141">[Pg 141]</a></span> in a deprecating manner, and said, ‘For God’s sake, stop +this!’ One of them who was nearest to me turned around and cast a kind of +defiant but yet somewhat surprised look at me. One of them leveled his +pistol upon us, Governor Parsons, Mr. Brown and myself; he was standing +about the length of this table distant from us. He leveled his pistol at +Governor Parsons. The governor said: ‘For God’s sake, don’t shoot at me; I +have done you no harm.’ The crowd stopped firing and turned their +attention to us. Just at that instant the sheriff came around with his +arms spread out, and said: ‘Stop this! stop this!’ The man stopped for a +moment and seemed to be deliberating whether he should shoot Parsons. He +then saw Mr. Hays on my right; turning a little to one side to avoid me, +he threw his pistol down upon Hays and Mr. Brown, who were both together, +and tried to shoot them. They both sprang behind me; I saw them getting +behind me and squatting on the ground to avoid his fire. By that time the +negroes had been driven out of the court-house yard and across the street, +where they had stopped and turned, and began to fire back. A few were +firing back. Just at that moment I heard somebody call out, ‘Boys, hold +your fire!’ The firing then ceased. I started and walked through the +crowd, right among them. I<span class="pagenum"><a name="Page_142" id="Page_142">[Pg 142]</a></span> suppose there were forty or fifty of them, all +standing there with their revolvers in their hands, smoking, as they had +been firing. Just as I was getting out of the crowd somebody from behind +struck at me and knocked my hat off; I just felt the blow on my head, but +I could not tell who it was, for when I turned around his hands were +dropped, whoever it was. I guess it was pretty lucky I did not know, for +the blow aroused me a great deal, and I am afraid I should have lost my +self-possession. I turned around to pick up my hat, when another man +kicked it; then another kicked it; and then the whole crowd, one after +another, played football with it and kicked it across the yard. I started +back to get it, when a man by the name of Dunlap, a Democrat, who seemed +to be in accord with the party there, walked up to me and took me by the +arm in a friendly sort of way, and said, ‘General, you had better get away +from here or you will get hurt!’”</p> + +<p>The senator’s hat furnished diversion at a critical moment, and in all +probability was the means of saving his life and the lives of his friends. +There had been firing from the clerk’s office, and Mr. Cowan (one of the +actors in the Greensboro tragedy mentioned in an earlier chapter), was +slightly grazed on the left thigh. He was brandishing a pistol and calling +to the white men to rally about him, and<span class="pagenum"><a name="Page_143" id="Page_143">[Pg 143]</a></span> standing near a window of the +clerk’s office. He believed that he was made a target by a prominent +Republican who was in the office. Two other white men, near Mr. Cowan, +were struck by missiles from the negro ranks just before they fled from +the yard. Some of the party with or about Senator Warner had, a moment +before the scene described by him, emerged from the office and were +retreating to the Cleveland hotel, and a determined group of men, +including Reynolds, with a shotgun, were pursuing them when the fun with +the hat commenced. While it was yet in progress, the soldiers wheeled +around the nearest corner and rescued the imperilled Republican leaders.</p> + +<p>Meanwhile the negroes, having fled in two directions to points where they +had guns concealed in wagons, secured these arms and resolutely moved back +toward the scene of their rout. They were aware of their preponderating +numbers, and counted on the sympathy of the soldiers. Those on Prairie +street had not proceeded far when they encountered a squad of mounted men +commanded by the marshal and a few sharpshooters posted behind trees in +private yards, who speedily checked their advance. At the intersection of +the two streets which were scenes of reviving combat a line of white men, +armed with guns, all men of tested courage, was<span class="pagenum"><a name="Page_144" id="Page_144">[Pg 144]</a></span> formed to prevent a +junction of the two bodies of negroes. Just then the soldiers, at +double-quick, made their appearance and were halted opposite the line of +armed citizens. After a brief hesitation, the officer gave the command to +move and the soldiers proceeded down Prairie street. The negroes quickly +lost courage and retreated, and before long none could be seen within +miles of the town. And so ended the Eutaw riot, in which, according to the +local newspaper, the <i>Whig and Observer</i>, and the testimony of witnesses, +54 men were shot, and from 250 to 300 white men and from 1,800 to 2,000 +negroes were engaged. The number of wounded was probably exaggerated.</p> + +<p>The pistol shot which followed so quickly the rude interruption of Hays’ +remarks was not the real cause of the riot; it was but the signal for the +opening of a conflict which had been impending for some time, and it gave +vent to indignation which had been suppressed with difficulty. The +explanation is found in earlier occurrences.</p> + +<p>In October the white people of Greene county were much disturbed by rumors +that a number of bands of negroes had been drilling with arms in parts of +the county where plantations were largest and the negro population +densest. A country store was burned by incendiaries, and threats were +made<span class="pagenum"><a name="Page_145" id="Page_145">[Pg 145]</a></span> that the several bands would be consolidated and Eutaw attacked by +the combined force.</p> + +<p>Lieutenant Charles Harkins, commanding the detachment of troops +garrisoning the town, reported to his superior officer at Huntsville as +follows:</p> + +<p>“I have the honor to report that on the evening of the 19th instant, +reports were brought to this town, by both colored and white men, to the +effect that a band of armed colored men intended burning the town that +night. The rumor seemed to be generally credited by the citizens, which +caused great alarm and excitement. Armed parties of citizens were +immediately formed, under the direction of the sheriff, and patrols and +pickets sent to the suburbs of the town, where they remained all night. No +demonstration was made by the colored men, if they had any such intention, +which I am inclined to doubt. The excitement has abated, but there is +still a feeling of distrust and anxiety among all classes.</p> + +<p>“The real facts of the case, and cause of the present alarm, I believe to +be as follows: The colored men and Republicans generally of this county, +feeling aggrieved at the many murders and outrages perpetrated on men of +their party by the Ku Klux organization, have determined to protect +themselves in future and have banded together for that purpose only, not +to assume the offensive, or interfere<span class="pagenum"><a name="Page_146" id="Page_146">[Pg 146]</a></span> with the peaceful, law-abiding +portion of the community.”</p> + +<p>The relation of cause and effect in this thwarted conspiracy to destroy +Eutaw and the riot which followed so soon is indisputable. The trend of +Lieutenant Harkins’ sympathies is equally plain. He was inclined to doubt +that the banded negroes intended to burn the town, but readily intimated +that they had provocation in “the many murders and outrages perpetrated on +men of their party by the Ku Klux organization.” Not a word is there in +the report concerning the burning of the store, nor of the fact that +refugee white families from the widely-separated plantations were moving +into Eutaw for protection against the menacing bands of negroes, nor that +the “patrols and pickets” were necessary precautions not of one night +only, but of three nights, and served to deter the negroes from +prosecuting their design.</p> + +<p>The prompt action of the whites in driving the negroes out of town on +October 25 would seem precipitate and unjustifiable if not considered in +connection with the facts just recited. Nearly two thousand negroes +attended that meeting, and they took with them guns, which were secreted +in wagons at the foot of Prairie street. They were aware that the +commanding officer of the garrison was in <span class="pagenum"><a name="Page_147" id="Page_147">[Pg 147]</a></span>sympathy with them, and that +they would encounter only a small body of white men should there be a +collision. No doubt they counted much on the presence of the radical +governor of the state, the military commander of the department, a senator +and a congressional representative, all in sympathy with them, and all +smarting under indignities received only a few days before at a meeting in +an adjoining county.</p> + +<p>The white men remembered the nights of anxiety for the safety of the women +and children and property of the town, and realized the danger of the +situation in which they were placed by the group of official Republicans +who heedlessly and recklessly assembled thousands of negroes who had so +recently been frustrated in a design to obtain revenge for punishment +administered to evildoers of their race. Those white men had courage and +resolution to meet the emergency, and they met it promptly and terribly. +And they taught a lesson for which there has never since been occasion for +repetition.</p> + + +<p> </p><p> </p> +<hr style="width: 50%;" /> +<p><span class="pagenum"><a name="Page_148" id="Page_148">[Pg 148]</a></span></p> +<h2>CHAPTER TWENTY-ONE</h2> +<p class="center"><span class="big"><span class="smcap">Restoration of White Supremacy</span></span></p> + +<p>The state election in 1870 resulted in a victory for the Democratic and +Conservative party, but there was a persistent effort to deprive that +party of the fruits of victory. There was instituted on behalf of the +incumbent governor and treasurer a proceeding in the chancery court to +enjoin the presiding officer of the senate from counting the votes for +candidates for those two offices. The legislature met November 20, and the +law required that the vote be counted, with the two houses assembled +jointly, within the first week. In the proceedings instituted, Governor +Smith alleged irregularity in the election. The judge of the circuit court +refused to grant an injunction, on the ground that the legislature could +not be enjoined by a court. It was then filed with a supreme court judge. +It prayed that the presiding officer of the senate be restrained from +counting the vote until the legislature could provide rules by which the +proposed contest should be tried. Judge Saffold, as chancellor, granted +the injunction.<span class="pagenum"><a name="Page_149" id="Page_149">[Pg 149]</a></span> Lieutenant-Governor Applegate was dead, and Barr, an Ohio +man, was presiding. The injunction was served on Barr, and he very +cheerfully obeyed it.</p> + +<p>There are some interesting facts in relation to this senate. The radical +constitution gerrymandered the senatorial districts, in some instances +apportioning a senator to a single county; in others, a senator to a group +of three or four counties, with nearly threefold greater population.</p> + +<p>The constitution provided that representatives in the legislature should +be elected for two years, and senators for four years; that one-half of +the seats of senators first elected (in 1868) should be declared vacant at +the end of two years, thus providing for continuation of a certain number. +In accordance with this provision, at the session in November the question +whether the senators should draw for the long and short terms was +discussed; nobody wished to vacate his seat, and by hocus-pocus they +reached the conclusion that all should hold over. Consequently, one-half +of them sat four years and the others for six. This procedure contributed +much to the complication of affairs. This senate connived at the attempt +to prevent the count of returns.</p> + +<p>At noon on the last day of the week the two houses assembled and Barr +proceeded to count the returns for other officers, declaring that for +<span class="pagenum"><a name="Page_150" id="Page_150">[Pg 150]</a></span>Lieutenant-governor E. H. Moren had received a majority of the votes cast +at the election; that for secretary of state J. J. Parker had defeated J. +T. Rapier; that W. A. Sanford had defeated Joshua Morse in the race for +attorney-general; that Joseph Hodgson succeeded N. B. Cloud as +superintendent of public instruction. These winners were all Democrats. As +soon as he had declared these results. Barr and the radical senators +withdrew. Lieutenant-Governor Moren then appeared, took the oath of +office, assumed the chair of the presiding officer, and directed that the +returns for governor and treasurer be brought in. This being done, he +proceeded forthwith to count them and declared that Robert B. Lindsay, for +governor, and James F. Grant, for treasurer, had received majorities, and +to proclaim them duly elected. These officers were sent for and sworn in. +Consternation seized the Republican leaders. They were caught in their own +trap, for the injunction had been served on Barr and he had qualified his +own successor in the person of Dr. Moren, who as lieutenant-governor was +unaffected by the injunction. Lindsay lost no time in demanding possession +of the office, but Smith refused to yield and had federal soldiers +guarding all entrances to the offices of governor and treasurer.</p> + +<p>Judge J. Q. Smith went from Selma to <span class="pagenum"><a name="Page_151" id="Page_151">[Pg 151]</a></span>Montgomery, and before him Lindsay +and Grant instituted proceedings, demanding that the seal and all books +and papers and other property pertaining to the offices of governor and +treasurer be delivered to them, respectively. The proceedings lasted +several days. Meanwhile, Montgomery was fast filling up with young men, +strangers in the community, and there were rumors that bodies of men in +near-by towns were awaiting summons to the capital, and that locomotives +with steam up and cars attached, ready for service, were side-tracked at a +number of stations. Judge Smith’s court-room was daily crowded with +strange men. Excitement was intense.</p> + +<p>Lindsay in his complaint alleged that he was the qualified successor of +Governor Smith; that he had made a demand upon him for the books, papers +and paraphernalia of the office of governor, and that Smith refused to +deliver them. The trial was set for three o’clock in the afternoon, and +Governor Smith was ordered to appear in person in court and show cause why +he should not be compelled to deliver the property demanded. Governor +Smith did not like the appearance which Montgomery had assumed, nor did he +relish the necessity of appearing in that court-room and before that +audience contesting the right of the people’s representatives<span class="pagenum"><a name="Page_152" id="Page_152">[Pg 152]</a></span> to assume +the offices to which they had elected them, nor the certainty that as soon +as judgment should be given against him an order for commitment to custody +would issue. Accordingly, he had a conference with General Pettus, and +soon thereafter announced that he “would yield, upon the ground that, +although he was satisfied he was fairly and lawfully re-elected, his +continuance of the litigation and the contest in the palpable excitement +that surrounded the whole matter would tend to disturb the public peace; +and the detriment to the material interests of the people of the state +would be infinitely greater than the possession of the office itself by +any particular man could possibly compensate.”</p> + +<p>Thus negro domination in Alabama was overcome.</p> + +<p>And the Ku Klux rode no more.</p> + + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of When the Ku Klux Rode, by Eyre Damer + +*** END OF THIS PROJECT GUTENBERG EBOOK WHEN THE KU KLUX RODE *** + +***** This file should be named 35771-h.htm or 35771-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/5/7/7/35771/ + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: When the Ku Klux Rode + +Author: Eyre Damer + +Release Date: April 5, 2011 [EBook #35771] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK WHEN THE KU KLUX RODE *** + + + + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + + + + +WHEN THE KU KLUX RODE + + + + + WHEN THE KU KLUX RODE + + + BY EYRE DAMER + + + NEW YORK + THE NEALE PUBLISHING COMPANY + 1912 + + + + + Copyright, 1912, by + The Neale Publishing Company + + + + +INTRODUCTION + + +This work is undertaken with the wish to gratify a popular desire for +addition to the scant literature relating to the Reconstruction Era and +that most remarkable organization of modern times--begotten of conditions +unparalleled in history, conditions which can never recur, and vanishing +with the emergency which created it--the militant Ku Klux Klan. Only one +writer has ventured far into this field of research, which until then +seemed forbidden, and in his contribution to history, fact and fiction are +so interwoven as to be almost indistinguishable. But the widespread and +intense interest manifested in his revelations of the origin and purposes +of the Klan indicates that the present generation eagerly imbibes +knowledge of the sacrifices and achievements of the men who in the awful +crisis of reconstruction, and against almost insuperable obstacles, +rescued the commonwealth from the control of corrupt adventurers and +ignorant freedmen, and established orderly government, without which the +subsequent marvelous development of natural resources and advancement in +education which have placed the state in the forefront of progress would +have been impossible. This evident interest encourages the hope that a +simple narrative of facts connected with the struggle in that part of the +Black Belt of Alabama which formed the Fourth Congressional District, by +one who was in the midst of it and a close observer, will receive a +welcome. + + + + +CONTENTS + + + PAGE + + CHAPTER ONE--PROVISIONAL GOVERNMENT 9 + + CHAPTER TWO--NATIVE GOVERNMENT 14 + + CHAPTER THREE--MILITARY GOVERNMENT 19 + + CHAPTER FOUR--A GRAVE PROBLEM 26 + + CHAPTER FIVE--THE FREEDMEN'S BUREAU 34 + + CHAPTER SIX--MILITARY REGULATIONS 38 + + CHAPTER SEVEN--THE UNION LEAGUE 47 + + CHAPTER EIGHT--A REPUBLICAN BLUNDER 51 + + CHAPTER NINE--CARPETBAG GOVERNMENT 54 + + CHAPTER TEN--RUINOUS MISGOVERNMENT 74 + + CHAPTER ELEVEN--THE WHITES AROUSED 84 + + CHAPTER TWELVE--THE KU KLUX KLAN 90 + + CHAPTER THIRTEEN--A MISCARRIAGE 99 + + CHAPTER FOURTEEN--A CONVENTION SUPPLEMENTS KU KLUX 104 + + CHAPTER FIFTEEN--FOILED THE KU KLUX 107 + + CHAPTER SIXTEEN--IN TUSCALOOSA 114 + + CHAPTER SEVENTEEN--A SERIES OF TRAGEDIES 116 + + CHAPTER EIGHTEEN--DISAPPEARANCE OF PRICE 124 + + CHAPTER NINETEEN--RIOTS IN MARENGO 127 + + CHAPTER TWENTY--KILLINGS AND RIOTING IN GREENE 132 + + CHAPTER TWENTY-ONE--RESTORATION OF WHITE SUPREMACY 148 + + + + +WHEN THE KU KLUX RODE + + + + +CHAPTER ONE + +PROVISIONAL GOVERNMENT + + +In a proclamation which issued on May 10, 1865, the president of the +United States declared the Civil War at an end. April 9, the date of +General Lee's surrender, was recognized as the date of the actual +termination of the war. On May 29, 1865, the president, by proclamation, +directed the restoration of seized private property, except "as to +slaves"; and on June 24, 1865, restored commercial intercourse between all +the states. + +Relying on the promises made by federal generals while Southern armies +were in the field; on the terms arranged between Generals Grant and Lee +and Sherman and Johnston when the Southern armies capitulated, and on the +proclamation of the president, the people of Alabama believed that as +soon as they could in the proper way repeal the ordinance of secession and +comply with other immediate requirements, Alabama and the people thereof +would be restored to their former coequal condition in the Union. + +The real issue of the war had been the right of the southern people to +renounce allegiance to and citizenship in the Union; in its triumph at +arms the United States sustained its contention that there could be no +such renunciation; and consequently the southern people laid down their +arms as citizens of the United States defeated in the attempt at +renunciation. The authorities at Washington could not fairly avoid this +conclusion, and certainly President Johnson reached it instantly. + +That there would be permitted prompt resumption of equal rights, except in +a few cases, was more than hoped for,--it was confidently expected; and +for some time there was no indication that there would be disappointment. + +President Johnson's attitude toward the southern states encouraged the +hope of speedy restoration of order and a large measure of prosperity. The +president was as generous as Lincoln would have been, had he survived the +conflict. In order that readers may clearly understand the situation as it +then existed, a brief explanation of President Johnson's attitude is +necessary here: + +Immediately following the surrender of the Confederate armies and the +declaration of peace, President Johnson formally stated his view of the +situation to be that the war had neither destroyed nor impaired the Union; +that the southern states had no right to withdraw from the compact, and +having failed by resort to arms to accomplish separation, they emerged +from the strife as they entered it, states and members of the Union, still +possessing their constitutions, laws and territorial boundaries as they +had been prior to the adoption of the ordinance of secession; that the +constitutions and laws of those states, however, must be suspended pending +unavoidable acceptance by the people of the fact that slavery having been +a stake in the struggle, the accomplished abolition of that institution +was irreversible; also, that debts contracted by the states during the war +should be repudiated; that with acquiescence in these requirements the +states should be restored to their former relations with the Union. He +therefore announced as his policy that while the southern states were +adjusting themselves to the change, provisional state governments should +be established as necessary and constitutional agencies; that the citizens +who were included in the proclamation of amnesty, together with those +who, having been leaders in the secession movement, were pardoned, should +participate in the work of restoration; that citizens of the states were +best entitled to fill the public offices, and should be appointed to them; +that the emancipated slaves were not qualified to take part in such work, +nor had the president of the United States power to confer upon them the +right of suffrage, because the determination of their political status was +a function of the states. + +In the light of subsequent events, there can be no doubt that President +Johnson's views and purposes were wise and statesmanlike, and had they +prevailed, the horrors caused by congressional enactments would not have +afflicted the people, nor would the relations between the races have +become unfriendly, as they did, and continue to be. But, unfortunately, +the embittered and aspiring leaders in Congress were planning at +cross-purposes with the president. His moderate and conservative course, +and scrupulous respect for his oath to support the Constitution, seemed +along in 1866 to have won popular favor; but his indiscreet expressions in +public addresses in western cities created hostility so strong that in the +congressional elections his enemies triumphed over him. By two-thirds +votes in Congress they nullified his vetoes of oppressive legislation; and +in 1868 the Senate reinstated Secretary of War Stanton, whom he had +during the previous year suspended from office. Out of this transaction +grew the unsuccessful attempt to impeach him. While this attempt failed, +the president's influence with his party was destroyed and he was +powerless to enforce his beneficent policies. + + + + +CHAPTER TWO + +NATIVE GOVERNMENT + + +But meanwhile, having announced his policy in reorganizing the southern +states, President Johnson in the summer of 1865 appointed Lewis E. +Parsons, of Talladega, provisional governor of the state of Alabama, and +that gentleman entered upon the discharge of his duties. There was popular +approval of the appointment. Parsons was a native of New York, but long a +resident and practicing lawyer in Talladega, an uncompromising Whig and +Union man, possessing fine abilities and much dignity. + +On July 20 Governor Parsons published a proclamation directing that an +election be held in each county on August 3 for delegates to a state +convention to assemble on September 12, 1865. Accordingly, intelligent and +patriotic delegates were chosen in all the counties, and the convention +met at the capitol in Montgomery, with Benjamin Fitzpatrick presiding. +That convention, dealing with the constitution, abolished the ordinance in +relation to the institution of slavery, declared null and void the +ordinance of secession and other ordinances and proceedings of the +convention of 1861; adopted ordinances repudiating the war debt, and +provided for an election for state, county and municipal officers and +members of Congress, and assembling of the legislature on the third Monday +in November, 1865. The convention then adjourned, subject to call of the +presiding officer. + +Worthy of note here is the fact that Alabama, in its sovereignty, and +represented by some of its best citizens, abolished slavery within its +borders. Alexander White, who subsequently was among the first to adopt +"the new departure" (acquiescence in all the measures of reconstruction), +was the only delegate in the convention who voted against the proposition +to make abolition of slavery constitutional; but outside the convention, +Governor Parsons and Samuel Rice, also to become "new departurists," +concurred with him; while General Clanton, who was the wise and fearless +leader of the Democratic party from its reorganization until the day of +his tragic death, advocated both that measure and the extension of civil +rights to the negroes. + +And also worthy of note is the fact that Judge Brooks, of Selma, judge +Goldthwaite, of Montgomery, and others of unquestioned loyalty to their +people, shortly after in the legislature advocated qualified suffrage for +negroes. This was prior to the advent of carpetbaggers and organization in +Alabama of the Republican party. + +Under this authority, an election was held, and the legislature then +elected assembled on November 20, 1865, and ratified the amendments to the +federal Constitution, excepting the fourteenth. That was regarded as +equivalent to a bill of attainder, depriving vast numbers of the rights of +citizenship without trial. The legislature comprised a majority of men who +had been anti-secessionists--the senate at least two-thirds; but they had +held offices before the war and served the Confederate government. The +legislature rejected the fourteenth amendment; its adoption would have +been political suicide for the members. It enacted a law to protect +freedmen in Alabama in their rights of person and property. The federal +authorities were duly notified of the proceedings, and on December 18, +1865, Governor Parsons received from Secretary of State Seward a telegram +saying that "in the judgment of the president the time had arrived when +the care and conduct of the affairs of Alabama could be remitted to the +constitutional authorities chosen by the people thereof without danger to +the peace and safety of the United States", and directing him to transfer +to his excellency the governor of Alabama, the papers and property in his +hands. Accordingly, on December 10, 1865, Robert M. Patton, of Lauderdale, +was inaugurated governor, and Parsons retired. + +(Patton was a Virginian, long settled as a merchant in northern Alabama. +As a Whig, he had served in both houses of the legislature and become +president of the senate. In the election of 1865, he defeated Colonel M. +J. Bulger. He was intelligent and painstaking in the discharge of duties. +Patton continued in the office of governor until 1868, several months +beyond the full term, pending action by Congress respecting the results of +the election of that year, when he was displaced by operation of the +reconstruction acts. During his incumbency a federal military commander, +supported by soldiers stationed in the capitol, supervised all of his +appointments and official acts.) + +As evidence of confidence, the legislature elected former Governor Parsons +United States senator for the term ending March 3, 1871. At the same time, +it chose George S. Houstan for the term ending March 3, 1867, and John +Anthony Winston for the term of six years, commencing March 4, 1867. + +At the election in November, 1865, C. C. Langdon was elected to Congress +from the first district: George C. Freemen, from the second; Cullen A. +Battle, from the third; Joseph W. Taylor, from the fourth; Burwell T. +Pope, from the fifth, and Thomas J. Foster, from the sixth. + +Then came early rumblings of the storm that was soon to break. These +chosen men were not permitted to take their seats as representatives, and +the state was not represented in Congress until 1868. + + + + +CHAPTER THREE + +MILITARY GOVERNMENT + + +March 2, 1867, after two years of peace, Congress passed over President +Johnson's veto a bill relegating the southern states to the condition of +conquered provinces. A military commander was appointed and authorized to +supersede civil and judicial tribunals by military courts of his own +creation, with power to inflict usual punishments, excepting only death. + +This act was supplemented with another, of July 13, forbidding state +authorities to interfere with the military commander, who was given the +additional power to displace any official and appoint his successor. This +act provided that military rule should cease within a state when a +convention of the people thereof should frame, and the voters adopt, a +constitution ratifying the amendment to the federal Constitution which +conferred the suffrage on negroes, and being otherwise acceptable to +Congress, and when the legislature also should ratify that amendment. + +The new constitution was to be framed by delegates to be chosen by votes +of all male citizens of legal age, excepting those disfranchised by the +fourteenth amendment; and it was to be ratified by an affirmative vote of +a majority of voters registered under the supervision of the military +commander and his subalterns. + +Under the reconstruction acts of 1867, in April of that year, Alabama +became a part of the department comprising, with itself, the states of +Georgia and Florida. The military commander called a convention to frame a +constitution. At the election for delegates the polls were kept open for +five days. The whites held aloof from it. The gathering of delegates thus +elected was stigmatized as "the carpetbaggers' convention." The men who +composed it and framed the constitution were in many cases grossly corrupt +and ignorant. + +As an illustration of the character of the men sent to the convention, +Samuel Hale, a brother of United States Senator Hale, one of the few Union +men and later Republicans resident in Sumter county, wrote Senator Wilson +in January, 1868, a letter protesting against recognition by Congress of +radicals in the south, in which he said that the men who sat in the +convention and framed the constitution were, "so far as I am acquainted +with them, worthless vagabonds, homeless, houseless, drunken knaves"; +that the Sumter delegates were a negro and two whites--Yordy and Rolfe. +Rolfe, he said, left his family in New York and had not seen them for four +years, during which period he had led an immoral life with negroes; that +he was known as the "Hero of Two Shirts," having left at a hotel in Selma, +as security for an unpaid hotel bill, his carpetbag containing only two +shirts: that his name was not signed to the constitution which he helped +to frame because he was too drunk to write it. These men and Hays and +Price, all strangers, were the only white men in Sumter county who took +part in the election for delegates. As an early indication of future +leadership, at that election Price ordered the negroes to secure their +arms and prevent expulsion from the booth of one of their members who was +vauntingly flourishing a gun. Only intervention by cool-headed whites +prevented trouble. Mr. Hale, in the letter quoted from, stigmatized the +election thus: "As shameless a fraud as was ever perpetrated upon the face +of the earth." + +Rolfe and Hays were wheelwrights, but their talents found employment in +more lucrative occupations. Rolfe's first "get-rich-quick" scheme was the +selling to negroes of badges, which he said he was engaged in by order of +General Grant. + +While agent of the Freedmen's Bureau Hays defrauded negroes of a thousand +dollars derived from sales of cotton with which they had entrusted him. +That was his disappearing act. + +That convention deprived of the right to vote all men who were proscribed +by the fourteenth amendment from holding office. + +The constitution framed called for an election in February, 1868, to which +it was to be submitted for ratification, and at which time officers were +to be elected. It was submitted under a solemn congressional provision +that if it should not receive in its favor the ballots of a majority of +the registered voters, it was to be considered as rejected. + +The Democratic convention of 1865 entrusted to the party's state executive +committee, of which General James H. Clanton was chairman, all matters of +policy. When the military order for the convention issued, General Clanton +called into council with the executive committee one hundred of the +leading men of the state. After deliberation, they concluded that the +wisest course for the party to pursue would be to go to the polls and +endeavor to defeat the constitution, but, in view of the possibility of +failure in this, to place candidates in the field, to be voted for under +it. Having agreed on this policy, the council was about to adjourn, when +the chairman received from ex-Governor Parsons, who was the accredited +agent in Washington of the Democratic party, a dispatch, saying: + +"I am on my way to Montgomery; will be there to-night. Don't adjourn your +convention; don't act till I get there." + +The council waited, and the former governor arrived and delivered a +speech, in which he uttered the memorable sentence: + +"So far as the reconstruction measures are concerned, and this +constitution, touch not, taste not, handle not the unclean thing." + +He said that this was in accordance with the advice of President Johnson. +Messrs. Samuel Rice and Alexander White supported the ex-governor, and the +council was persuaded to reverse its decision and advise the voters to +refrain from taking any part in the election. Mr. White prepared the +address to the voters. + +Accordingly, the Democratic voters abstained from voting, and only one +Democratic state senator was elected, and he was not endorsed. Negroes in +battalions, armed with muskets and stepping to the beat of drums, marched +to the polls, stacked arms, placed guards about them, and cast their +ballots for the constitution and their candidates. + +The registration of voters for the election of 1868 was under military +supervision and regulation. Registration was kept open at polling places +up to and including time of election. The registers of voters and election +officers were appointed by military officers, and nearly every register +was a candidate for office. He was given power to reject any applicant for +registration. Soldiers were present at all polling places to enforce the +regulations, which forbade the challenging of illegal voters: citizens +were forbidden under severe penalties to warn election judges or expose +the fact even if they should see a non-resident or minor or repeater offer +to deposit a ballot. Voters were permitted to cast their ballots at any +precinct in the county. Negroes were eligible to all offices. + +The returns of the election disclosed the fact that the majority of the +registered voters had abstained from participation in the election, and +hence the constitution was not adopted by the people--according to the +declaration of the military authorities, lacking 8,000 of the requisite +number of votes. In view of this authoritative declaration, the radical +candidates did not claim the offices to which they had aspired, and the +incumbents for the time being were not disturbed. But, to the amazement of +the people and its own dishonor, Congress in June, 1868, accepted the +constitution as ratified by the people, and recognized the candidates as +elected officers, and in July they were installed by military power, the +former officers retiring under protest. + +In order that the reader may understand the situation and how poorly +prepared were the people for such a reign, we must go back to the +beginning and note other occurrences which had a direct bearing on that +situation. + + + + +CHAPTER FOUR + +A GRAVE PROBLEM + + +At the termination of the war between the sections, the southern people +had thrust upon them for solution the gravest and most difficult problem +with which the white race on this continent was ever perplexed,--how to +preserve their civilization with the government operating in opposition to +their efforts. + +After four years of warfare, the south was prostrate before the victorious +people of the north, whose armies were quartered in garrisons everywhere +in the surrendered territory, to enforce with arms, if necessary, whatever +oppressive and humiliating measures might be conceived in hatred and +vengeance by fanatics whose intolerance had made the bloody conflict +irrepressible, and who were determined to extend and perpetuate the +political power gained by conquest. The means adopted were enfranchisement +of the emancipated slaves and disfranchisement of all white men who had at +all distinguished themselves as leaders, while extending favors to those +who would ally themselves with the oppressors and betray their countrymen. + +The difficulties of the situation in which the defeated southerners were +placed were appalling. Naught of the former wealth of the country was left +save the land--which in the disorganized state of labor was almost a +burden to the possessors--and some cotton which had accumulated because +exportation was prevented by the blockade of the ports; and upon this the +federal government imposed an unconstitutional tax of three cents a pound. +Farm implements were crude and scarce; the necessities of the Confederate +government in its expiring struggles had stripped the country of the best +of the draft and food animals; in the Black Belt there were no factories; +development of transportation had been checked in its incipiency; +education was almost abandoned, and the civil laws suspended. Everything +had to be organized or reorganized. + +Cotton was one of the principal resources left to the people at the close +of the war. In great demand and readily convertible into money at prices +ranging from fifty cents a pound upward, and in considerable quantities, +it would have furnished means for a "fresh start" had the people been +permitted to hold it in undisputed possession; but the government +begrudged even this remnant of lost fortunes. Unfortunately, during the +war agents of the Confederacy from time to time contracted for quantities +of cotton, to be paid for in bonds, but in most cases there had been no +actual transfer of either bonds or cotton, and the latter remained on the +plantations. After the surrender of General Taylor to General Canby, the +federal commander promulgated an order requiring all persons who held such +cotton to surrender it to the United States agents, under penalty of +confiscation of their property. The military authorities claimed this +cotton as a prize of war, and treasury agents--some of them fictitious, as +afterward proven--were soon ranging the country in search for it. The +holders believed that the question of ownership was at least debatable. +Prior to the surrender, the Confederate government, fearing that federal +raiders would seize the cotton, ordered that it be destroyed by the +holders; but the authority of that government was not then potent, and the +planters, instead of obeying the order, conveyed the bales to places of +concealment in swamps and elsewhere, and believed that this act confirmed +their claim to ownership. Some of the cotton was thus concealed when the +agents began their search. The order of seizure was subsequently so +modified as to permit the original holders to claim one-fourth of the +cotton as compensation for caretaking. Very few took advantage of this +concession; and, indeed, the greedy agents actually suppressed the order +for months while the seizures were in progress. Attorneys who contested +before military tribunals the right of seizure argued that, by reason of +non-delivery, sales to the Confederate government had not been completed, +and that the federal government had no right to capture the cotton after +final surrender of the Confederate armies; but in some instances these +attorneys were arrested and threatened with imprisonment unless they +abated their zeal in behalf of clients. + +There was in resulting evil practices a touch of picturesqueness. The +unconquered and unconquerable veterans of the vanquished southern armies, +in many instances impoverished, were ripe for any enterprise which +promised congenial adventure and spoils which they regarded as legitimate. +The agents went about supported by federal troops, and many were the +clashes between the latter and so-called guerrilla bands composed of their +late antagonists on other and more glorious fields. These bands were +actuated by the conviction that the Confederate government having had no +clear title to ownership of the cotton, the conquerors succeeded to none; +and so they took up the contest where the intimidated attorneys dropped +it, and contested with the agents and their armed supporters. These +agents were well supplied with army teams and wagons, and often these, +falling into the hands of the "guerrillas," served the captors as a +convenient means of transportation of booty. Yet, it sometimes happened +that the guerrillas were the captives, and when in the toils were in sore +straits to raise the ransom which was exacted in lieu of arrest and +arraignment for trial. Even steamboats were hauled to and relieved of +cargoes. That was the golden era for steamboatmen, when freight charges +and salaries, especially of pilots, were phenomenal. + +These transactions soon degenerated into plunder pure and simple, +involving private cotton to which the government could lay no sort of +claim. + +Perhaps there had been collusion between holders of "Confederate" cotton +and the raiding bands which seized and bore it off; anyhow, the inevitable +effect was that unscrupulous men, taking advantage of popular tolerance of +practices which originally sprang from patriotic impulses, disregarded +private rights and indiscriminately stole. Planters paid for guards as +high as thirty dollars each per night at critical times. Men who were +unaccustomed to the command of money grew rich in a brief space and +correspondingly lavish in their expenditures. Extravagance and +demoralization which left their enduring impress ensued. Admissions were +made in high quarters in after years that not one-tenth of the proceeds of +cotton seized by agents ever went into the treasury of the United States. +One example will suffice: An agent in Demopolis claimed and was allowed +for four months' services, on the basis of one-fourth of the cotton seized +by him, $80,000; and the settlement was between him and military +authorities who were quite as adept as he in the art of pilfering. Thus in +a time of stress the producers were despoiled and adventurers enriched by +the ungenerous policy of the victorious government. + + * * * * * + +The following facts are gathered from evidence taken before the committee +in Congress in the investigation as to General Howard: + +At the close of the war there were held in the south at least five million +bales of cotton, worth in Liverpool $500,000,000. Only a fraction of this +cotton was owned by the Confederate states government, and this was turned +over to General E. R. S. Canby by General E. Kirby Smith on May 24, 1865. +Besides the swarm of official agents, informers and spies sent down by the +Treasury Department in search of Confederate cotton, contracts were made +with private individuals to engage in the work. Much cotton was taken from +plantations before the owners returned to their homes after the +disbandment of the armies. Seizures were indiscriminate. Proof of private +ownership had to be supported by tender of toll; there was no redress. + +A Treasury Department regulation required that all cotton seized in the +Atlantic and Gulf states should be shipped to Simon Draper, United States +cotton agent in New York City; and that seized on the upper Mississippi +river and in northern Georgia and northern Alabama to William P. Mellen, +agent in Cincinnati. These agents sold by samples which were spurious and +inferior to the cotton which they represented. Accordingly, cotton worth +sixty cents to one dollar per pound was sold for ten to fifteen cents. The +purchasers were in collusion with the agent. By the system of "plucking," +the weight of bales was reduced anywhere from one hundred to two hundred +pounds before they were sold: the plucked cotton was termed "waste +cotton," packed and sold as "trash" to mills, but not at trash prices. +These terms figured only in the reports to the department. Sometimes +owners traced stolen cotton to the New York or Cincinnati agency; and if a +thousand bales were involved, the agent reported that only two hundred had +been received, and of very inferior quality, and was sold for ten or +fifteen cents per pound, which his books would prove; that +transportation, storage and commissions left only a small sum. Draper, +when he became cotton agent, was a bankrupt. Subsequently he settled his +debts and when he died was a multimillionaire. Fifty million dollars' +worth of cotton was shipped to Draper; the government derived only +$15,000,000 net from that source as the reward for the wrong which it had +committed in entrusting the enforcement of its doubtful claim against the +impoverished southern people to dishonest and unscrupulous agents. + +The Confederate States government imposed a tax in kind upon all +provisions produced on plantations--one-tenth. The first year after the +war this tax was enforced in some isolated sections by orders of minor +military officers, and collected by agents. Of course this was fraudulent, +and was stopped after a while. + + + + +CHAPTER FIVE + +THE FREEDMEN'S BUREAU + + +Meanwhile, the Freedmen's Bureau had been established. General Swayne +promulgated an order recognizing as agents of the bureau former civil +magistrates who could and would obtain endorsement of negroes; but, as a +rule, carpetbaggers filled the places. Offices were opened at the county +seats, where complaints of freedmen were lodged and investigations +conducted. The agents prescribed a uniform division of products of the +soil between planters and hands. They supervised all contracts and +regulated the conduct of affairs between employer and employe, and their +dicta were absolute and final, being enforced, if necessary, by soldiers +of the garrison. + +The agents gave notice that nobody would be allowed to employ freedmen +unless the contracts were submitted to and approved by them and left in +their custody. They gave ear to any tale of complaining freedmen, arrested +the white man complained of, tried and punished him, unless he proved +willing to purchase immunity. Sometimes after the planter had contracted +in the prescribed manner with freedmen, and had his crops in process of +cultivation, the hands would quit work, and only intervention by the agent +would make them return. Such intervention cost as high as ten dollars per +hand, and the occasion for it might recur before the crops could be +gathered. Some of the agents secured plantations and used them as refuges +for dissatisfied freedmen, who were fed and clothed. + +The agents were as a rule "fanatics without character or responsibility, +and were selected as fit instruments to execute the partisan and +unconstitutional behests of a most unscrupulous head." (Senator Beck, in +an official report.) Some of them were preachers, and had been selected as +being the most devout, zealous and loyal of a certain religious sect. In +league meetings they told the negroes that although they had been married +according to plantation custom for many years, they must procure licenses +and be remarried. Thus they made large sums in fees, in many instances +from old couples who had grandchildren and great-grandchildren. + +All of this was humiliating and irritating to the planters, but submitted +to so long as the agents confined their activities to legitimate +functions. But they soon became mischievously meddlesome, and discovered +in their powers means for promoting their political fortunes. + +As a body, the negroes had been conducting themselves with propriety, and +good feeling prevailed. Their greatest delight was in the dignity of +unaccustomed surnames, duster coats, gauntlet gloves, albums, clocks and +other wares, with which enterprising northern peddlers tempted them. Their +childish delight in these novel possessions for a while filled the measure +of their happiness. But some of them who had been following armies +contracted nomadic habits; others were incapable of rational exercise of +their novel privileges, and became disturbers of the peace. Their +depredations soon rendered stock raising impracticable. Every plantation +had a gin-house, and these houses, with their valuable contents, were +exposed to incendiaries seeking revenge for real or fancied grievances, +and many were destroyed. Men with the "easy money" acquired during the +period of cotton stealing set up crossroad stores at every available point +and dispensed vile whiskey in barter for bags of loose cotton and corn, +ostensibly the "shares" of those offering them, but really often stolen +from lint rooms and cribs, and even from the ungarnered crops in the +fields. These traders did an immense business, many of them setting up +gins and baling screws. The existing "sundown and sunrise" law was enacted +to destroy this nefarious traffic. It prohibited the sale of farm products +between sunset and sunrise. + + + + +CHAPTER SIX + +MILITARY REGULATIONS + + +Another cause of irritation was the offensive conduct of soldiers +composing the garrisons, which provoked collisions with the more impetuous +citizens. In 1865 the federal soldiers in Tuscaloosa, Greensboro, Eutaw +and other towns subjected the people to very offensive regulations. Only a +few examples need be mentioned as exhibiting the temper of both sides: The +former soldiers of the Confederacy, having no means with which to +replenish their wardrobes, wore their uniforms. The federals threatened, +and sometimes attempted, to cut the buttons from the old gray coats, and +the proud wearers were forced to resort to the expedient of covering them +with thin cloth rather than let them serve as a pretext for insults. Flags +were stretched across the sidewalks, so that pedestrians would have to +pass under them. To defeat the obvious purpose, men and women, in going +about, resorted to the roadway or diverged from the sidewalks at points +where the flags were placed. In some instances these unwilling and +protesting people were seized and forced under the flags. These and other +practices, devised to provoke the people to exhibitions of hostility, +caused severe smarting. Perhaps many young men who had received war +schooling were not reluctant to encounter their former antagonists. + +A memorable tragedy, with annoying consequences, resulted from such an +encounter. August 31, 1865, election day, the brothers Tom and Toode +Cowan, formerly heroic members of Forrest's cavalry, became involved in a +controversy with a squad of soldiers of the garrison in Greensboro; in the +resulting affray pistols were used; the younger Cowan killed one of the +soldiers, while his brother dangerously wounded another. The slayer +mounted a horse and escaped, but the intrepid Tom scorned flight and +yielded only to overpowering numbers. Intense excitement prevailed; the +enraged soldiers sprang to arms, seized Cowan, and, defying their +officers, prepared to hang the prisoner. At the critical moment came a +message from the wounded man, generously acknowledging he was the +aggressor and pleading for a fair trial for Cowan. This appeased the +military mob and the prisoner was locked up. That night squads of cavalry +roamed the country, ostensibly seeking the fugitive, but really to disarm +and arrest the planters. Mr. Cowan was tried and acquitted. His brother +was not apprehended. + +In some cases the soldiers were insubordinate and manifested hostility to +the people. One notable example in illustration is recalled: During the +hours of darkness soldiers burned the Episcopal church in Demopolis. Some +of them were detected with articles stolen from the sacred edifice, and +the colonel was requested to have the impious robbers arrested. That +officer declined to make the order, because the guilty men were dangerous +characters and would seek revenge if called to account. Indeed, they +threatened that when transferred from Demopolis they would set fire to the +town. To prevent the execution of this purpose, another colonel was +substituted for the commander of the regiment, and he placed sentinels +around the quarters and marched the men away in ignorance of the fact that +it was their final departure. + +In Greensboro, in 1867, was enacted another regrettable tragedy, the +attendant circumstances of which intensified the growing hostility between +the races. John C. Orick shot and killed Aleck Webb, negro register of +voters. The shooting occurred in daylight and on one of the principal +sidewalks. Orick calmly retired from the scene, locked the doors of his +store, and in disguise fled the town. + +Orick was a bold, dashing and handsome young man who had won enviable +laurels in the war. When hardly more than a boy, his adventurous spirit +impelled him to leave home without parental consent and attach himself to +Colonel Mosby's command. One of his achievements is worthy of mention +here: As an "observer" he visited Baltimore and Washington, and in the +latter city ascertained the time of departure of the army pay train on the +Baltimore and Ohio railroad. Reporting to his commander the valuable +information he had acquired, successful plans were formed for the capture +of the train by Mosby's command. With his share of the booty obtained in +this enterprise, Orick, after the final surrender, purchased a stock of +goods and established himself in business in Greensboro. + +The negroes of the town and vicinity bitterly resented the killing of +Webb, and during the night large bands of them roamed the surrounding +country, avowedly seeking the slayer, but really bent on any mischief for +which opportunity might offer. One band went to the Gewin premises. A +young man, a member of the family, in his night clothes and barefooted, +was encountered in the yard. Seeing that the marauders intercepted retreat +to the house, Gewin fled to the woods, hotly pursued. After a chase which +extended for a mile, over rough fields and woods, the fleeing man was +overhauled, tied to the bare back of a horse and conveyed to the office of +Dr. Blackford, in Greensboro. After a lengthy parley, his friends secured +his release. + +At dusk the town was thronged with infuriated armed negroes, who +threatened to apply the torch. After some of the leading citizens had +vainly expostulated with them, the whites armed themselves and prepared to +expel them by force; but when Gewin was released, the negroes retired, +sullenly, and a clash was averted. + +The Gewin family and its connections comprised a considerable number of +brave and resolute men, of remarkably fine physique, and they and their +friends were indignant with Blackford, the probate judge, because of the +suspicion that he had directed the negroes who committed the outrage,--a +suspicion justified by the fact that Gewin was conveyed to Blackford's +office. Everybody sympathized with them. It was said that Blackford told +the negroes they should avenge the killing of Webb, and that he instigated +the incendiary threats, and he was thenceforward regarded as a factor of +disturbance in the community. + +As a result of these occurrences, an organization was formed in Greensboro +for public defense, and arms were obtained. The members were, in event of +necessity, to assemble at the ringing of a certain bell, and a rendezvous +was selected. No oath was required of the members. + +The first attempt to enforce the flag regulation in the case of a woman, +in Tuscaloosa, was the last. Intrepid Ryland Randolph, editor of the +_Monitor_, in uncontrollable indignation seized a sabre and in person +challenged the responsible commander to mortal combat. Declining the +proposed close encounter, that official thenceforward was more circumspect +in his conduct. + +The story of Randolph's career is an interesting part of the history of +Tuscaloosa. As an editor, he was belligerent, and relentless in his +denunciation of radical maladministration of public affairs. So effective +was his hostility that publication of his paper (official organ of the Ku +Klux) was suppressed by military order. He accepted a challenge to a duel +provoked by attacks upon the chief justice of the state supreme court, +addressed to him by the judge's son-in-law; but on the field mutual +friends effected an amicable and honorable settlement. + +A less dignified encounter involved him in more serious difficulties. +Opposite the _Monitor_ office a number of negroes were assembled one day, +and two of them assaulted a white man. Suddenly Randolph, with pistol and +bowie-knife in hand, appeared in the midst of the struggling throng. One +shot was fired by him, when he, in turn, became the object of attack. One +of the assailants, a political leader, received in his side a thrust from +Randolph's bowie, and another in the back, where the broken point of the +knife remained. Within a few minutes the prostrate leader was the only one +who remained on the scene. But the negroes, with augmented numbers, +reassembled a short distance away. Randolph returned to his office and +reappeared with a shotgun. His dauntless bearing discouraged further +hostile demonstration by the blacks. In consequence of this affair, +Randolph was arrested by the soldiers and taken to Montgomery for trial. +En route, by stage-coach, he was made a spectacle for gloating negroes. He +was acquitted, and his return was made an occasion of popular +manifestation of esteem. A cavalcade met him some miles outside of +Tuscaloosa, and on nearer approach to town was magnified into a vast +procession of carriages and marchers, embracing men and women and school +children. The procession moved to the sound of bells. A great meeting, +with speechmaking, followed. + +At that time the University of Alabama, at Tuscaloosa, was controlled by +the radicals and boycotted by the whites. A brother of Governor Smith was +a regent of the institution, and this regent's son a student. One of the +professors, Vaughan, had been persistently assailed by the _Monitor_, +which charged him with incompetence and drunkenness. It was said that +Vaughan enlisted Smith as a champion. Anyhow, the two sought Randolph on +the streets and found him in conversation with a friend. While Vaughan +stood some distance away, Smith approached Randolph and insultingly +jostled him. Simultaneously and without hesitation, the two men drew +pistols and began firing, each discharging five chambers of his revolver. +One shot struck a thick book in Randolph's coat pocket and lodged therein; +another struck above the knee and ranged up the thigh, his leg being +crooked at the moment. This shot necessitated amputation of the injured +limb. An innocent bystander on the opposite side of the street was killed +by a stray bullet. Smith and Vaughan were arrested. The former was rescued +by fellow students and fled to Utah. + +Randolph survived the reconstruction period and enjoyed the restoration of +white supremacy. He died in 1903 from the effects of a fall in a +streetcar. + +An incident of the military regime in Eutaw early embittered relations +between the people and their rulers. An "undesirable citizen" was given a +ride on a rail. In the court martial trial of the accused, James A. +Steele, Thomas W. Roberts, F. H. Mundy, John Cullen, Hugh L. White, +William Pettigrew and Mr. Strayhorn were sentenced to hard labor at Dry +Tortugas for periods ranging from two to six years. The circumstances +attending their treatment as prisoners exhibited harshness which aroused +indignation. Handcuffed and chained, they were conveyed by a squad to New +Orleans and thence by sea to the island prison. They were not permitted to +communicate with their families or friends nor to receive funds to relieve +their wants. Their sufferings and indignities were severe and humiliating. +An appeal in their behalf, with a presentation of the facts connected with +the trial, was made to General Meade, and that commander remitted the +sentence. The return of the victims to their homes was made the occasion +of a memorable demonstration of popular feeling. + + + + +CHAPTER SEVEN + +THE UNION LEAGUE + + +In pursuance of their schemes which culminated at the election in 1868, +the carpetbag adventurers early in 1867 organized everywhere in Alabama +branches of the Union League, a secret, oathbound political society, with +all the mysticism of grips, signs, signals and passwords, national in +scope, with grand national and grand state councils. Secrecy and obedience +to commands were enjoined under severest penalties, including even death. +Their meeting places were guarded by armed sentinels. The negro members +were taught to disregard the feelings and interests of the whites, and +told that if their former masters should obtain control of the government, +they would re-enslave them; and this was an irresistible appeal to +ignorant people enjoying the first delights of release from bondage. On +the other hand, they were promised that if the Republicans should gain +control, they would enact such oppressive tax laws that the landowners +would be unable to meet the exactions, and consequently their lands would +be forfeited; after which the Republicans would allot them in parcels of +forty acres, together with a mule, to each head of a negro family resident +thereon; they were told, further, that, in order to facilitate and +expedite this process of confiscation and apportionment, they should +slight their work and thus increase the difficulties under which their +former masters would have to struggle to save their properties from +spoliation. The student of history should not be harsh in judgment of the +negro because of his susceptibility to a lure so enticing. He was +ignorant, and regarded every pretentious white stranger as one of that +great army which had liberated him from bondage. + +Serious as was the situation, it was not without amusement in its +demonstration of the negro's gullibility. A bogus "land agent" circulated +slips conveying directions regarding "preemption of homesteads," and the +credulous negroes bought them, and, besides, painted sticks with pointed +ends to be driven into the ground to mark their boundaries; they also +purchased chances in a sort of lottery for the distribution of parcels of +land. All of these were sold under alleged authority received from the +government at Washington, all dependent on the success of the Republican +party. + +By request of President Johnson, General Grant in 1865 made a tour of the +southern states, to learn the feelings and intentions of the people and to +ascertain to what extent, in the interest of economy, the military forces +there could be reduced. He reported that white troops excited no +opposition: thinking men would offer no violence to them. But black troops +demoralized labor, "and the late slaves seem to be infused with the idea +that the property of their late masters should by right belong to them, or +at least should have no protection from the colored soldiers. There is +danger of collision being brought by such causes." + +The so-called abandoned lands on the coast of South Carolina and +Georgia--lands from which whites had fled to escape dangers of the +war--were actually seized and colonized with wandering negroes, though the +lands were afterward restored to the owners. The germ of the "forty acres +and a mule" idea, no doubt, originated in those colonies. The idea was of +early conception, as the Grant report shows. + +The first annoyances caused by the league were the neglect of field work +by negroes in order to attend political meetings in daylight, and taking +hard-worked mules from lots at night and riding them to league meetings. +But in the course of time the organization assumed a military aspect, +drilling regularly. Bodies appeared in procession, in regular company +order, with arms, banners, drums and fifes, the officers wearing +side-arms. At the election they were met outside the towns by emissaries +and furnished with tickets, and then proceeded to the polling places and +deposited them as directed. All of this appealed to the negroes' taste for +novelty and spectacle. + + + + +CHAPTER EIGHT + +A REPUBLICAN BLUNDER + + +This narrative is now brought again to the point at which it digressed, +the election on the constitution, but before resuming that subject a few +words of comment here will not be out of place. + +The perfidy of Congress in imposing upon the people of Alabama, in +violation of its own solemn covenant, a constitution which they had +rejected in a lawful manner, was a blunder fatal to the future influence +of the Republican party in Alabama. The fourteenth amendment had already +injured the party because of its application to great numbers of men who +might have allied themselves with it if they had not been involved in the +proscription. They had opposed secession as long as there was any reason +in opposition, and then reluctantly adapted themselves to the situation. +Jefferson Davis had been in prison, demanding trial and ready to abide the +result; he was discharged, and the proceedings looking to personal +punishment abandoned. Other leaders, including Admiral Semmes, "the +pirate," as he was termed in intensity of hatred, were at their homes, +pursuing the vocations of peace and ready to try the issue. The excuse for +abandoning the prosecution was that, the fourteenth amendment having +imposed the penalty of deprivation of citizen rights, the courts could not +inflict other punishment. + +Thus, the men who had, at the cost of popular good will and private +friendship, opposed with all their abilities severance of the Union were +equally subject to a penalty deemed adequate for "the arch traitor" and +"the pirate," so called. + +Then, there were thousands of men in northern Alabama not subject to the +proscription, who were nursing the grievance that Democrats had +precipitated secession without permitting the people to vote on the +ordinance. They believed that, had it been submitted, it would have been +defeated. Northern Alabama was so loyal to the Union that leaders there +proposed separation of that section at the line of the mountains, and that +its people organize and "fight it out" in the foothills. But the +promptness with which the Confederate authorities organized the military +forces discouraged such a project. The strong resentment of the summary +accomplishment of secession was rendered bitter by conscription laws. +Sections of the mountains in which drastic measures were necessary to +enforce those laws became easy recruiting grounds for the federal army. +It is recorded that 2,700 men from Walker, Winston and Fayette counties +enlisted in one federal command. North Alabama was more than once occupied +by contending armies, and partisan organizations embittered the contest. + +In central and southern Alabama were many Whigs and Union men who had no +liking for the Democratic party. + +In this state of affairs, convinced that not many of the proud +Confederates would sue for relief from fourteenth amendment disabilities, +and that the constitution which disqualified thousands of white voters +would perpetuate negro supremacy in Alabama, the Republican leaders in +Congress committed a wrong which to this day bears heavily upon their +party. + + + + +CHAPTER NINE + +CARPETBAG GOVERNMENT + + +The negroes had exercised without hindrance their new privilege of the +suffrage. Their incapacity as voters was illustrated in the character of +the men who assumed office after the election in 1868. + +In Sumter county, Tobias Lane was elected probate judge, but during the +period of uncertainty when the constitution was in abeyance, concluding +that congressional action respecting it would be unfavorable, he packed +his carpetbag and returned to Ohio, having been one of the migrants from +that state, so prolific of birds of his feather. + +Beville, the sheriff, was an appointee of General Swayne. He was unable to +give bond, but Swayne waived that formality and ordered him to continue in +office without bond. In 1868 Richard Harris, a negro, who could neither +read nor write, became his worthy successor. + +As solicitor the discriminating voters chose Ben Bardwell, a negro, who +was wholly deficient in the knowledge of reading and writing, a +deficiency which made him "an easy mark" for one of the most learned bars +in the state. + +George Houston, a freedman, was sent to the lower house of the +legislature. As his colleague Ben Inge, another "person of color," +absolutely illiterate, was selected. + +An army captain, one Yordy, received the state senatorial honors, which he +wore while serving Uncle Sam in the custom house at Mobile. He was a +long-distance representative, having no domicile in Sumter, nor ever +making his appearance there. + +John B. Cecil, reputed federal army sutler and coming with the influx from +fecund Ohio, was elected treasurer. He gradually and logically degenerated +into a partnership with a negro in a grog-shop enterprise. + +Badger, another bird of passage, became tax assessor. The revenue and road +commission was a motley aggregation which comprised one carpetbagger and +three negroes. + +Edward Herndon, a native Union man, by grace of appointment and election, +simultaneously devoted his talents to the offices of circuit clerk, +register in chancery, notary public, justice of the peace, keeper of the +poorhouse and guardian _ad litem_,--and perhaps felt aggrieved that he +didn't have "all that was coming to him." + +It would seem that, with this multiplicity of trusts, Mr. Herndon +monopolized the privilege of plurality in office holding; but not so, for +Mr. Daniel Price, a typical scalawag, with the reputation of a jailbird +and desperado, made flight from Wetumpka to Sumter, and was endowed with a +bunch of federal and county jobs,--register of voters, superintendent of +education, postmaster and census taker. Insatiable, like Oliver Twist he +wanted more, and as a side line to his multifarious activities, employed +his scholarly attainments in the conduct of a negro school, meanwhile +boarding and associating with negroes. + +The harmony of the "color scheme" of the official colony in Perry county, +adjoining Hale county, was never broken by a trace of the ebony hue. + +Without exception, all of the county offices were held by carpetbaggers, +officers of the 8th Wisconsin regiment, originally sent on garrison duty. +Their characters are illustrated by the fact that, under the guise of +selling properties which they had acquired in the county, all of them sold +their offices in the time of political regeneration and betook themselves +to the north. During Lindsay's administration the sheriff, charged with +conniving at the escape from jail of a prisoner incarcerated for murder, +sold his job for $1,500. Democrats succeeded the aliens. + +In Marengo county there were more places than "loyal and reconstructed" +place-seekers, and consequently Charles L. Drake, who made his advent in +1866 as an army captain, was burdened with the cares and responsibilities +of register in chancery, circuit clerk, United States commissioner and +agent of the Freedmen's Bureau; yet had time for political activity which +made him especially obnoxious. + +Another conspicuous character in Marengo was one Burton, a carpetbagger, +who established in Demopolis a weekly newspaper, _The Southern +Republican_. He had incorporated in the oppressive tax laws a provision +that where a deed was made to a purchaser at a tax sale, it should be made +conclusive evidence, whether the sale was legal or illegal, that all +requisites to a valid sale had been complied with. In order to increase +the advertising, a section of land was divided into sixteen parts and each +part advertised separately. Legal advertising was confined to "loyal" +papers, the test of loyalty being allegiance to the Radical party. _The +Southern Republican_, being the only loyal paper in all that +unreconstructed region, was designated as the official organ of Marengo, +Greene, Perry and Choctaw counties. + +The newspaper statute referred to was in these words: + +"That it shall be the duty of the probate judge in each county of this +state to designate a newspaper in which all local advertisements, notices, +or publications of any and every character required by law to be made in +his county shall be published. Provided, that no newspaper shall be +designated as such official organ which does not in its columns sustain +and advocate the maintenance of the government of the United States and of +the government of the state of Alabama, which is recognized by the +Congress of the United States as the legal government of this state; and +if there be no such paper published in the county, then the probate judge, +whose decision upon the question shall be final, shall designate the paper +published nearest the county seat of his county which does sustain said +government." + +The "loyal" papers so designated had no circulation beyond a small free +distribution among office-holders. Few of the negroes in their general +illiteracy could read them, and none of them were concerned in the +advertisements. The white people, to whom all of the advertisements were +addressed, would not permit a copy of the publications to be sent to them. +Consequently, the payment of fees was a waste of public money. The purpose +of the law was to create and sustain a detestable press at the expense of +the taxpayers, or seduce the existing papers. + +In 1870 Burton was nominee for lieutenant-governor. On account of some +personally offensive publication, Mr. E. C. Meredith, of Eutaw, a +Democratic leader ("Bravest of the Brave"), severely chastised him in +Eutaw. Thereafter the "trooly loil" journalist made his periodical +collections of fees in Greene county by proxy. About the time when frost +touched with withering chill his budding political aspiration, Burton +received an ominous communication, not intended for publication, but for +his own guidance. It was embellished with pictures of cross-bones, skull +and dagger, and inscribed with a legend which he interpreted as a sort of +"move on" ordinance. And he stood not on the order of his going, but +hiked. + +General Dustin, a northern soldier, of good family connections, who +settled in Demopolis and allied himself by marriage with one of the old +and prominent families of the town, was appointed major general of +militia, and endeavored, but unsuccessfully, to organize a force. The law +provided that whenever forty or more men should enroll themselves and +choose officers, the governor upon application should recognize them as a +volunteer company. Governor Smith could not be persuaded to encourage the +formation of a militia force; he preferred federal regulars, and they were +always available. + +While awaiting opportunity for employment of his warrior genius and +acquirements, General Dustin, equally soldier and statesman, served the +people of his adopted county in the legislature. His colleague in that +august assembly of solons was Levi Wells, a "ward of the nation." + +Others who made reconstruction history in Marengo county will be mentioned +incidentally as this narrative progresses. They were a rare lot, and +equally with the others worthy of a place on the scroll of fame. + +Choctaw county officials distinguished themselves in some features of +their administration of affairs, according to testimony before a +government commission. Dr. Foster was appointed probate judge and elected +state senator, and served in the dual capacity. Receiving the appointment +of revenue collector at Mobile, he discarded the probate judgeship, to +which Hill was appointed, but polygamously refused to be divorced from the +other love, the senatorship. Hill had been appointed treasurer before +receiving the appointment to the judgeship. Withdrawing from the former +place, his brother, Alexander, succeeded. It may not too much confuse the +already complex situation to mention incidentally that the industrious +Alexander filled in spare time by discharging the humble duties of justice +of the peace, having before him the example of his eminent brother, who +scorned not the lesser duties of register in chancery, with which also he +was charged. In the progress of time, an inquisitive grand jury, nosing +into matters, ascertained that Treasurer Aleck had received from the +county tax collector fees to the amount of $3,600. While the jury was +investigating, a disturbance occurred on the streets; the sheriff +resigned, rather than interfere with the disturbers, and sought pastoral +scenes. Circuit Judge J. Q. Smith, serving as a substitute for Luther R. +Smith, adjourned court without receiving the jury's report. Immediately +after adjournment Probate Judge Hill, who had received a significant +communication, with skull and dagger adornment, and maybe had been +playfully shot at, retired to his farm, leaving his office in the care of +the overburdened but willing Aleck. The circuit clerk accompanied the +probate judge to his sylvan retreat, and imposed more work on Aleck by +making him custodian of his office also. By the way, this clerk was first +elected, but failed to qualify, whereupon Judge Smith cured the defect by +appointing him to the place. Such was the situation of affairs when, at +midnight, April 14, the structure burned, and, excepting documents in the +hands of the jury, all of the records of the two offices, together with +the treasurer's account of moneys received and disbursed, fed the hungry +flames. The treasurer said that all the funds were in the safe, but only +charred packages of Confederate "shinplasters" were found therein when the +safe was opened. The succeeding treasurer, an expert accountant, under +instructions from the commissioners' court, investigated accounts between +the collector and former treasurer, and reported that the latter was in +default to the extent of about $7,000, and the tax collector about $2,700. +Meanwhile, the tax collector had sought a change of air in "the glorious +climate of California." Before his departure he related a tale of woe, the +burden of which was that highwaymen had despoiled him of official +collections of between $5,000 and $6,000. + +The fire fiend had marked Choctaw officials for its victims. According to +his own statement, the dwelling of the county superintendent of education +was the repository of $4,000 of county funds when said "fiend" consumed +it. The superintendent was the author of his own official bond, and in his +inexperience omitted therefrom the customary penalty clause, which +omission rendered the instrument non-enforceable. Feeling the inadequacy +of local employment for his talents, he took up residence across the line +in Sumter county, and thus qualified for election to the legislature, but +there was no requisition for his services. + +The superintendent was law partner of Joshua Morse, attorney general of +the state. They were jointly indicted for the murder of Editor Thomas of +the county paper at Butler, the county seat; they obtained a change of +venue and were tried and acquitted in Mobile, the principal witness +against them having disappeared. + +William Miller, a former slaveowner and one of the largest landowners, +became probate judge of Greene county in 1868. Judge Oliver, the +incumbent, refused to recognize his claim, and Miller invoked the +ever-responsive military powers; the soldiers forced entrance to the +office and inducted the claimant. Oliver filed a protest and retired. +Alexander Boyd, a nephew of Miller, became county solicitor and register +in chancery. + +Judge Luther R. Smith had a brother, Arthur A., who was languishing in +Massachusetts, with talents unemployed and maybe unrecognized. The judge +imported his brother and made him county superintendent of education. +There were not many white Republicans in Greene, and it happened that the +circuit court clerkship was "lying around loose," and the judge thought +Arthur was the man for the place. The latter accepted the gift, but failed +to relinquish the superintendency of education. One Yordy figured as agent +of the Freedmen's Bureau. + +These officials were unable to obtain board and lodging at either of the +taverns or elsewhere, and jointly established and maintained for some time +a bachelor establishment, duly ostracised by the people of the town and +county. + +Hale county had a complement of officials in keeping with the layout +common to the counties of the district, including a negro legislator. The +most troublesome was Dr. Blackford, probate judge. He had served as a +delegate to the constitutional convention of 1867. He displaced Judge +Hutchinson, a popular gentleman who had lost three brothers in one of the +battles in Virginia, members of the famous Greensboro Guards. + +Blackford was a skillful physician and surgeon, and of fair education. He +served as surgeon in the Confederate army, and was stationed at Vicksburg +during the siege. Subsequently a story circulated that he was there +court-martialed on a charge of appropriating to his own use hospital +stores, including liquors. However that may be, his services were +dispensed with and he took up abode in Greensboro, and began to practice +his profession with much success. In an evil hour he was tempted to cast +his lot with the adventurers who were greedily fastening their clutches +upon the substance of the country, and fell. Going from bad to worse, he +affiliated with negroes and soon obtained absolute control of them. +Claiming, as probate judge, that he had the right to supervise contracts +between them and their employers, he constantly meddled in private +affairs. Calling league meetings and taking the hands away from their +work, he caused much vexation and loss to the planters. + +About the time when he became probate judge an incident occurred in +Greensboro in which was exhibited by the soldiers an unusual +disapprobation of the administration of affairs. The agent of the +Freedmen's Bureau, one Clause, incurred the displeasure of some of them +who were inclined to insubordination, and they administered to him a +beating. Varying the proceeding, they seized a negro school teacher and +conveyed him to a pond, in which they ducked him repeatedly. + +Blackford became alarmed at this manifestation of displeasure, and fled to +the hills north of the town. There he was pursued by the rioters in +uniform, and, resuming his flight, sought refuge at the home of a citizen, +who apprised leading citizens of Greensboro of his whereabouts and peril. +They informed the military commander, who, in turn, dispatched a squad of +cavalry to rescue him and conduct him to town. Blackford, on his return, +renounced his political heresies and aspirations to the judgeship, which +he declared he would not accept; but, recovering his confidence in the +stability of the military powers and his negro backing, he quickly +recanted and relapsed into arrogance. + +Tuscaloosa county was not neglected by place-hunters, but the +preponderance of whites in that county was a restraining influence. + +Luther R. Smith, a carpetbagger from Michigan, provisional circuit judge +in 1866, was elected to that position in 1868, and simultaneously a member +of the legislature, but had decency to resign the latter trust. +Notwithstanding he subsequently violated the judicial proprieties by +presiding over a radical state convention in Selma. He was one of the most +respectable of the intruders, and reputed to be just, impartial and +courteous on the bench. Nevertheless he shared, in a lesser measure, the +odium which attached to all. The feeling of the people was that no +right-minded man would thrust himself into public position under the +peculiar circumstances. + +All the members of the United States House of Representatives from +Alabama were carpetbaggers--officers in the United States army. Charles W. +Pierce represented the fourth district. He held a commission as major. His +course in the interval when the constitution was in abeyance was the same +as that of Colonel Callis, who caused more discussion. Colonel Callis was +elected to Congress from the Huntsville district, in competition with +General Joseph W. Burke, a man of character and education. General Burke +was the Republican nominee, and Callis bolted. Callis was a federal +soldier and agent of the Freedmen's Bureau, at Huntsville. While +canvassing, he was attired in the uniform of a colonel. When the +constitution was rejected and declared rejected by General Meade, and the +fact communicated to General Grant and by him communicated to Congress, +and the action of Congress looked to the rejection of the constitution, +Colonel Callis left Huntsville and went upon duty to Mississippi as an +army officer. When Congress accepted the constitution and admitted Alabama +under the "omnibus" measure, Callis hurried to Washington and took his +seat as a representative from Alabama, notwithstanding he had never been a +citizen of the state and was then a resident of Mississippi. Pierce was +succeeded by Charles Hays, of Greene county, in November, 1869. + +The state was represented in the federal Senate by Willard Warner and +George E. Spencer, the first named a northern general, the other, an army +contractor. Judge Busteed, under oath, said that when elected Warner was +not a citizen of Alabama; that when summoned a short while before as a +juror in his court, Warner claimed exemption on the plea that he was a +senator of the state of Ohio. Governor William H. Smith, in a letter +published in the _Huntsville Advocate_, said: "Spencer lives upon the +passions and prejudices of the races. The breath of peace would leave him +on the surface, neglected and despised." And Spencer characterized his +colleague as a "a trifling and worthless man." + +Being unobjectionable as to "loyalty," all of these non-citizens were +permitted to take their seats; and for the first time since 1861 Alabama +was represented (?) in the federal Congress, notwithstanding the fact that +during a part of that period the people were taxed by the government which +denied them representation--taxed unconstitutionally (in the case of +cotton), as the Supreme Court subsequently decided. + +William H. Smith, of Randolph county, displaced Governor Patton. His +character will be revealed as these pages multiply. + +The state supreme court justices were evicted, and S. W. Peck, Thomas M. +Peters and B. F. Saffold substituted for them. There is little to be said +of them by a layman, except that the first named favored suspension of the +writ of habeas corpus, during the Ku Klux era, and the last named declared +unconstitutional the law under which a justice of the peace was convicted +of solemnizing the rites of matrimony between a white man and a negro, and +reversed the judgment of the lower court. + +President Lincoln in 1863 appointed Richard Busteed United States district +judge, and in 1865 the appointee came to the state and assumed the bench. +Whatever else may be said of him, he was bold in expression of opinion, +judicial and personal; and during the carpetbag regime he testified that +"the general character of Alabama office-holders for intelligence and +honesty was not good." In 1870 Francis S. Lyon, of Demopolis, testified +that a bill was filed in Judge Busteed's court to foreclose two mortgages +on the Alabama Central Railroad (Selma to Meridian), and the cost of that +suit, paid by New York creditors of the road, amounted to $122,000. The +institution presided over by Judge Busteed was costly to litigants, to say +the least. + +A. J. Applegate became lieutenant-governor. Mr. William M. Lowe, of +Huntsville, testifying before the congressional commission in 1870, said +of him: + +"I had occasion to look into his record, and published a statement in +reference to his character, in which I proved conclusively that any petit +jury in any New England state would have convicted him of grand larceny +upon the evidence by his own declarations,--his own letters. These charges +were made by me when he was living. Every opportunity was given him to +make his defense; he had no defense to make but a lie. He had been a +member of McPherson's body-guard that stopped near Mrs. Jacob Thompson's +residence in Mississippi. He was there taken sick and taken into her house +and nursed and kindly treated by her. At that time and under those +circumstances, he, or some one with his knowledge and connivance, stole +the deeds and patents and valuable papers belonging to the Thompson +estate. After the war he settled here and wrote a letter to Mrs. Thompson. +In his first letter he thanked her for her kind and Christian treatment of +him while he was sick, although he was an enemy to her cause, saying that +he would ever hold it in remembrance. The second letter called to her mind +the fact that she had lost those valuable papers, and offered to return +them or have them returned to her for a consideration. She wrote him back. +The correspondence was published in full. Finally, he wrote to her if she +wanted these papers better than she wanted $10,000, to send him on the +money and get the papers. That was about his language, written in the most +abominable and illiterate style." The matter was placed in the hands of +lawyers, who induced Applegate with $300 to surrender the papers. + +General James H. Clanton, under oath, spoke thus of Harrington, speaker of +the house of representatives: + +"Mr. Harrington came to Mobile very poor, from the northeast somewhere. He +was never a soldier that we knew of. He is now very rich. Just after the +war he was charged with running free negroes into Cuba. I do not know +whether it is true or not. The present sheriff of Montgomery county showed +me a reward offered for him, from what purported to be a northwestern +paper, on a charge of bank robbery. He requested me to say nothing about +it lest Harrington should get away. He said he was going for him that +night; that he had his accomplice in jail, and the accomplice said +Harrington was the man. The description he showed me was lifelike." + +Asked whether it could not be a mistake, the general replied: + +"No, sir; a man of marked physique. I did not give this information at the +time to any of my law partners, but they smiled when I told them that +Harrington would pay more reward to Barbour (the sheriff) and we would +never hear of it again. And we never did hear of it till we published it +in the last campaign, to which Harrington, who still lives there, made no +response whatever. Colonel Thomas H. Herndon, a prominent lawyer of +Mobile, said to me that a friend saw Harrington, during the last session +of the legislature at which he presided, take a crowd off to drink +champagne at a barroom known as the Rialto, in Montgomery, and when +remonstrated with for his extravagance, he ran his hand in his pocket and +pulled out seventeen one-hundred-dollar bills, with the remark that he +could afford it, as he had made that much in one day in engineering a bill +through the house." The general further testified that Eugene Beebe, of +Montgomery, told him he paid Harrington a sum of money to advocate a +lottery charter before the house. He said that of the representatives whom +he "approached" on the subject of the lottery, only one, a negro, +exhibited any qualms, and he accepted fifty dollars, protesting that it +was only "as a loan." + +When Colonel Joseph Hodgson became superintendent of education, he said +that county superintendents had embezzled between $50,000 and $60,000 of +school funds. Two sons of the former state superintendent were fugitives +on that account. + +Mr. P. T. Sayer, speaking of the Montgomery county representatives in the +lower house of the legislature, said: "One of them is a man who came from +Austria, by the name of Stroback. I understood that he was a sutler or +something of that kind in the federal army. I further understood that he +never has been naturalized; I do not know about that. He was said to be a +gentleman in his own country; I do not know about that, but he certainly +is not one in Montgomery. He is a man of a great deal of sense, and I +think a dangerous man in any community situated as ours is. The others are +three negroes." + +These character sketches of radical officials might be multiplied +indefinitely, but the monotony would weary the reader. Necessarily others +will be mentioned incidentally as this story of reconstruction +progresses. + + + + +CHAPTER TEN + +RUINOUS MISGOVERNMENT + + +Only misrule could be expected from such officials. Nothing was sacred +from their greedy grasp. The most cherished institutions were debased to +their purposes. In time the university was avoided by all who were +unwilling to forfeit public esteem. One of the early arrivals from +fruitful Ohio was Rev. A. S. Lakin. He was commissioned by Bishop Clark, +of the Cincinnati conference of the Methodist Episcopal Church, to +organize negro churches in Alabama. He was a fanatic of the extreme type, +and his work of the politico-religious character. He regarded the +Methodist Episcopal Church, south, as an aggregation of rebels, and aimed +to array his negro proselytes against it by preaching political sermons, +in which he reminded his audiences of their former bondage and alleged +there was danger of its renewal. According to his own statements, he was +the unterrified victim of a concatenation of Ku Klux attacks. In +prosecuting his roving missions in the mountains of northern Alabama, +Lakin's morbid fancy distorted every lone hunter encountered on the +roadside into a lurking assassin, and every innocent group of gossiping +rustics into a band of Ku Klux. He organized a camp-meeting, and one night +at an early hour during its progress a party of horsemen rode through. +Lakin wrote for publication in one of the church organs a hair-raising +story of the incident, magnifying it into a Ku Klux foray. His explanation +of the cause of the intrusion was that the klansmen were offended because +of a rumor circulating in the camp that an infant born in the neighborhood +was "a Ku Klux child," an exact image in miniature of a disguised Ku Klux, +horns and hood included. Lakin solemnly affirmed the fact of the birth of +the monstrosity, but ungenerously robbed it of distinction by adding that +six other infants in that klan-infested region were similarly "Ku Klux +marked." The woods must have been full of human curios! + +In 1868 the regents elected this superstitious and prejudiced emissary +president of the University of Alabama! Accompanied by Dr. N. B. Cloud, +state superintendent of education, Lakin journeyed to Tuscaloosa to assume +the station which the people once hoped would be graced by the illustrious +Henry Tutwiler. Professor Wyman was in charge of the institution and held +the keys; the former president had withdrawn and appointed him custodian. +On the ground that the board of regents was illegally constituted, +Professor Wyman refused to yield to Lakin, and the latter, discerning +signs of popular displeasure, lost the courage which had nerved him to +assert his claim, mounted his horse and hurriedly rode away in the +direction of Huntsville, while Dr. Cloud departed with equal celerity in +the direction of Montgomery. + +Some time afterward Lakin related a blood-curdling story of pursuit from +Tuscaloosa by a band of Ku Klux and his almost miraculous escape from the +horrible death to which the band had condemned him. This story provoked +the publication of a counter charge,--that while Lakin was preaching +somewhere in New York State he ill requited the hospitality of an +entertainer by dishonoring the household. + +And this man's ultimate aspiration was to represent Alabama in the United +States Senate! + +One of the most scandalous chapters in the history of the Republican +regime relates to railroad subsidies. The Lindsay administration favored +encouragement to the building of railroads, as means for development of +natural resources, and in 1867 the legislature passed, and the governor +approved, an act which authorized the state to indorse bonds of new +railroads to the extent of $12,000 per mile, with an additional +endorsement for bridges; but indorsement was safeguarded carefully, and no +wrongs were committed in connection with the execution of the law until +the Radicals assumed control. Then there began a riot of bribery and +corruption. + +November 10, 1871, I. F. Grant, state treasurer, submitted to the +congressional commission investigating affairs in the southern states a +statement from which the following extracts are made: + +"Bonded debt of the state January 11, 1861, $3,445,000. + +"The state is and was bound to pay in perpetuity for annual interest on +the school fund the sum of $134,367.80. + +"Interest unpaid during the war, accrued up to and including January 1, +1867, was then funded and new bonds issued for the sum of $621,000, which +made the total bonded debt on + + January 1, 1867 $4,066,000 + + "The war debt, amounting to $12,094,731.95 was repudiated. + "Eight per cent. bonds sold in 1867-68 659,100 + "Eight per cent. bonds sold in 1869-70 657,700 + "Total bonded debt January 1, 1871 $5,382,800 + +"Cause of increase, sale of bonds to carry on the government. + +"There is a prospective liability for an indefinite amount growing out of +the passage of an act, approved February 19, 1867, and amended August, +1868, whereby the state is required to indorse railroad bonds to the +amount of $12,000 per mile, which act was further amended in March, 1870, +so as to increase the indorsement to $16,000 per mile. + +"The same legislature in March, 1870, made a loan to the Alabama and +Chattanooga Railroad Company of $2,000,000 in Alabama 8% bonds, over and +above the indorsement of $16,000 per mile for the entire length of the +road, thereby adding to the direct and collateral liability of the state +for this one road the sum of $6,700,000. In addition to this, the +Republican governor, W. H. Smith, issued to the road bonds to the amount +of $500,000 above what the road could ever by any possibility claim under +the law. + +"The said road made default in payment of January and July, 1871, +interest, which the state paid as its owner and creditor, $508,000. + +"There are eight or ten other roads for which the state, under the law +above referred to, is liable as indorser." + +The state auditor reported this summary of liabilities September 30, 1871: + + Direct indebtedness $ 8,761,967 37 + Present conditional indebtedness 15,420,000 00 + Conditional indebtedness provided by law 14,200,000 00 + +Under Democratic administration, a committee of the legislature +investigated the railroad deals and reported that "Two millions of state +bonds which the law authorized the governor to issue in aid of said +company (Alabama and Chattanooga) in sums sufficient to pay off the cost +of having constructed a certain amount of road in excess of the state +indorsement of $16,000 per mile, were issued in bulk, with reckless haste, +and were hurried away to the money marts of Europe"; that "there has been +no record kept by any officer of the state of the number and amount of the +bonds issued or indorsed by the state in favor of the various railroads +entitled by law to the aid of the state, except as to loans of bonds to +the Montgomery and Eufaula Railroad Company, $300,000 in amount, and the +indorsement of bonds in favor of the Mobile and Montgomery Railroad +Company." + +R. M. Patton testified that although he had accepted the presidency of the +Alabama and Chattanooga Railroad Company, he was ignored because he +opposed the loan bill. D. N. Stanton, of Boston, was elected president, +and Patton "was not invited or expected at the consultation of friends of +the road. He said: "I do not think the stockholders ever paid in any of +the capital stock of the company." + +Arthur Bingham, state treasurer from 1868 to 1870, asked whether he knew +of any fraud or illegality in connection With the issue or indorsement of +the railroad bonds, declined to answer upon the ground that by so doing he +would criminate himself. + +Mr. Holmes testified that on the last day of the session of the +legislature of 1869-70 Mr. Gilmer, president of the North and South +Railroad, borrowed from him and Mr. Farley $25,000. Next day Mr. Gilmer +complained that John Hardy, of Dallas county, chairman of the committee of +the legislature, had treated him shabbily; that "he had agreed to pass the +bill for him for $25,000, but that at the eleventh hour he went back on +him and made him pay $10,000 more, making in all $35,000." + +Jere Haralson, colored, Mr. Hardy's colleague from Dallas, was a shrewd +negro, but at that time a cheap commodity. Later he appraised himself more +highly. Ben Turner, a negro (successor to the carpetbag congressman), +continued for some time after regeneration to represent the Dallas +district in Congress, and Jere spent much time with him in Washington, +engaged in profitable political work. But at the Montgomery distribution +only fifty dollars was apportioned to him. He ingenuously explained that +he accepted it as a loan. + +When the state, some years later, attempted to make Mr. Hardy disgorge the +$35,000 (bonds) and imprisoned him, he escaped on the plea that it was +imprisonment for debt. + +Ex-Governor Patton published a statement in which he said that, when in +Boston, parties to the Alabama and Chattanooga Railroad complained to him +because legislation in Alabama had cost the company $200,000. + +J. P. Stowe, a Montgomery county representative, asserted, and the +assertion was published, that John Hardy took away the night the +legislature adjourned not less than $150,000, but not all of it was +his--he had much of it for distribution. + +Construction of the Alabama and Chattanooga (now the Great Southern) +Railroad, extending from Meridian to Chattanooga, referred to in the +report quoted from, was under direction of D. N. Stanton. He was a skilled +and unscrupulous lobbyist and get-rich-quick builder. There was testimony +to the effect that the only money used in construction work was that +which was derived from state indorsement. The indorsement for bridges was +$60.00 per lineal foot of structure. In the hill country, beginning in +Tuscaloosa county, the line of road described a serpentine trail among the +hills. Mere increase of mileage presented no great disadvantage to +Stanton, but tunneling, cutting and filling were difficulties studiously +avoided. Consequently, when the road passed into other hands and +reorganization was effected, changes necessary in straightening left the +landscape with marks of peculiar interest to civil engineers. Travelers by +that road may observe from car windows at many points abandoned roadbeds +to right and left, winding among the low places and avoiding hills which +were so formidable to Stanton, reminding the observer of meandering brooks +seeking lower levels. Lines of least resistance were most attractive to +Stanton, regardless of circuitousness. + +While government was thus growing in costliness, the resources of the +people who had to foot the bills were diminishing. + +State Treasurer Grant's statement showed that the average cost of state +government in Alabama for 1859 and 1860 was $813,000; for 1868, 1869, +1870, $1,514,000; and the increase, he said, was partly due to increase +of bonded debt, but mainly to ignorant and corrupt legislation. + +The report of the superintendent of census showed: + + Assessed valuation of property in Alabama, + including slaves, in 1860 $432,198,762 + Assessed valuation in 1870 156,770,387 + State taxation in 1860 530,107 + State taxation in 1870 1,477,414 + County taxation in 1860 309,474 + County taxation in 1870 1,122,471 + +Now consider, as representing average conditions in the counties of the +Black Belt, these facts derived from the report of Judge Hill, an expert, +employed to investigate affairs in Marengo county. + +Taxes in 1870 were threefold greater than in 1860. The value of subjects +of taxation had diminished two-thirds; 22,000 slaves, of an average value +of $500 each, had ceased to be enumerated as taxable property; lands had +depreciated in value sixty per cent.; there was less than one-half as much +live stock as formerly; two townships had been lopped off and given to the +newly-created county of Hale. + + + + +CHAPTER ELEVEN + +THE WHITES AROUSED + + +The people of the Black Belt had borne with all possible patience the +multiplied grievous wrongs recited in the foregoing pages. During the +transition from master and slave to the new relations between them there +was a strong disposition in both races to live in peace and harmony and +make the best of their altered relations; the negroes were civil and +confiding, scarcely realizing the change in their status, while the whites +appreciated their good behavior during the war, when families of men in +the army were unprotected, and were disposed to gratitude for it. But +since the establishment of the league friendly intercourse between the +races had been growing rarer, and now ceased altogether; the estrangement +was complete. + +With the imposition of the constitution began the reign of the +carpetbagger--"demon of discord and anarchy"--and the negro, and the +infliction of "the horrors of reconstruction"; a civil convulsion in which +the foundations of society were broken up; "a vast sluice of ignorance +and vice was opened; a race which never had evolved anything of its own +motion was given the ballot, the highest right of American citizenship," +and never regarded it as more than a personal perquisite, while white men +of the highest type were disqualified from voting by the constitution of +their state; negroes were made eligible to all offices, while the federal +Constitution deprived the people of the wisdom, knowledge and experience +in office of former leaders at a time when they were most needed. A +comment of the time was, that a proscribed white man could not have been +bailiff to his former slave if that former slave was a justice of the +peace, as he might well have been, if he was not in fact. Democrats had +not opposed negro suffrage in order to oppress the negroes, but to prevent +negroes from crushing them; and the situation produced by the imposition +of the constitution attested the reasonableness of their fear of the +effect of the endowment of the negro with the ballot. They realized that +"in popular government where two races exist in mass who are from any +cause so different that they cannot mingle in marriage and become one, the +exercise of political power must be confined to one or the other of those +races if there be a wish for security and peace." + +In the fourth district, the whites were greatly outnumbered by the +blacks, and, comparing voting strength, a contest with them at the polls +seemed hopeless. + +The census of 1870 credited Choctaw county with 5,802 whites and 6,872 +blacks; Greene county, 3,858 whites and 14,541 blacks; Hale county, 4,802 +whites and 16,990 blacks; Marengo county, 6,090 whites and 20,058 blacks; +Sumter county, 5,202 whites and 18,907 blacks; Tuscaloosa county, 10,229 +whites and 8,294 blacks. + +Thus, excepting the first- and last-named counties, the whites were +outnumbered by more than three to one. + +All of the towns in the section under review were small, the populations +ranging from 1,500 to 2,000. Greensboro in Hale, Eutaw in Greene, +Demopolis in Marengo, Butler in Choctaw, Livingston in Sumter, and +Tuscaloosa in the county of the same name, were the seats of government of +their respective counties, centers of religion, education and sociability. +At Tuscaloosa were located the State University and a fine girls' school; +in Marion were the Seminary, the Institute, Judson, and Howard College; in +Greensboro, the Methodist Southern University and an advanced girls' +school. These towns had been founded as the home places of wealthy and +cultured planter families whose plantations were in the fertile prairies +and canebrakes. Office-holding had always been their honorable +distinction, gained by highest merit. + +An epitome of conditions in the southern states at that period will serve +to portray those in Alabama: "Legislatures in some instances composed in +part of pardoned felons and penitentiary convicts enacting laws; the +judiciary in the hands of charlatans and bribe-takers; every office, from +the highest to the lowest, filled with ignorance, vice and unblushing +corruption; with the land swarming with libelers and malignant slanderers; +the country divided into military districts and garrisoned with troops, +whose officers were ever ready, at the slightest bidding, to annoy and +oppress an unarmed people." + +But the whites realized that in this section, at least, civilization +itself was at stake, and notwithstanding the adverse odds and other +disadvantages, resolved to risk all in combat with the forces arrayed +against them. They were acquainted with the character of the Union League; +aware of its horrible objects and aims; the almost daily crimes of lustful +fiends, assassins and incendiaries were regarded as the fruits of its +teachings; its responsibility for the existence of courts of law void of +decency and recognized authority, and for officials incapable of +enforcing law and order, for injury to public credit by prodigal pledges, +and waste of public money, was fixed by its foolish and persistent +allegiance to false leaders. This league was the institution marked for +destruction. An organization pledged to undertake the task relentlessly +and unflinchingly was regarded as a necessity. As the mighty Anglo-Saxon +race on this continent had ever proved equal to emergencies, so now the +men of this race, war-trained in arms and horsemanship, sensible that the +great stake of Christianity and civilization lay in the balance, nerved +themselves for the conflict. + +The rule of the carpetbagger and scalawag and freedman was a "reign of +terror," and thrilling as well as deplorable were the incidents of the +struggle to throw off the yoke. The mere recital of them, without comment, +would fill volumes. Only those regarded as culminating events in the +several counties of the district will be related. And in the relation +sworn testimony of the time supports the writer's statements where +personal observation was lacking. They illustrate the sacrifices of the +devoted men who were impelled to deeds distasteful but regarded as a +necessary choice of evils, and who rescued that garden spot of the state +from savage domination and again made it fit abiding place for the race +which before had dispossessed the aborigines. These men knew that the +negroes were misguided dupes of designing and ruthless leaders, and pitied +them, but for the ultimate good of both races sternly resolved that they +should be compelled to discard those leaders and submit to the legitimate +rulers of the land. + + + + +CHAPTER TWELVE + +THE KU KLUX KLAN + + +Before proceeding with the narrative, an explanation of the origin and +purposes of the Ku Klux Klan may interest the reader. The facts mentioned +were derived from authentic and official sources. + +The first den was organized in Pulaski, Giles county, Tennessee, in 1866, +and Pulaski continued to be the centre of the order throughout its +existence as an interstate organization. Six men organized the den for +diversion and amusement in a community where life was dull and monotonous. +The original name was Ku Kloi (from the Greek word Ku Klos), meaning band +or circle. It was changed to Ku Klux and Klan was added. + +The constitution of Tennessee was imposed by a fraction of the people. The +legislature passed an act restricting suffrage which disfranchised +three-fourths of the native population of the middle and western parts of +the state. This obsequious legislature also passed acts ratifying the +illegal edicts of the autocratic and tyrannical Governor Brownlow ("The +Parson"); the sedition law was revived and amplified; freedom of speech +and press was overthrown, and a large militia force composed of negroes +was created and made responsible to the governor alone. At an election +enough men had been permitted to register to thwart Brownlow's plans. He +threw out the entire vote of twenty-eight counties. Registrars were +removed, registration set aside, the counties placed under martial law, +and negro militia quartered therein. The legislature had become +unanimously Republican in both branches. + +The people began to consider means of counteracting this high-handed +tyranny. The Pulaski Ku Klux organization had attracted much attention and +branches of it had been organized in many parts of the state. Leaders of +the people quickly saw that it could be utilized for the purpose in view. +And this was done. The order, thus perverted, soon spread from Virginia to +Texas. The ritual was simple and easily memorized and was never printed; +but a copy of the prescript was obtained and used in a trial in Tennessee +and reproduced in United States government publications. At a meeting in +Nashville of delegates from all dens this was modified. That convention +designated the southern territory as "The Invisible Empire." It was +subdivided into "realms" (corresponding to states); realms were divided +into "dominions" (congressional districts); dominions into "provinces" +(counties); provinces into "dens." Officers were designated as follows: +Grand Wizard of Invisible Empire and his ten Genii (and the grand wizard's +powers were almost autocratic), Grand Dragon of Realm and his Eight +Hydras, Grand Titan of Dominion and his Six Furies, Grand Cyclops of Den +and his Two Night Hawks, Grand Monk, Grand Scribe, Grand Exchequer, Grand +Turk, Grand Sentinel, The Genii, Hydras, Furies, Gobbins and Night Hawks +were staff officers. It is said that the gradation and distribution of +authority were perfect, and that no more perfectly organized order ever +existed in the world. The costume consisted of a mask with openings for +the nose and eyes; a tall, pointed hat of stiff material; a gown or robe +to cover the entire person. Each member was provided with a whistle, and +with this, and by means of a code of signals, communicated with his +comrades. They used a cypher to fix dates, etc., and published their +notices in the newspapers, until repressive laws forbade this. Their +horses were robed and their hoofs muffled. + +Meanwhile, other orders formed: White brotherhood, White League, Pale +Faces, Constitutional Union Guards and Knights of White Camelia; but all +evidence shows that they were for the most part short-lived, the very +name of Ku Klux having caught the fancy of the members. General Forrest is +credited with having consolidated all of them into the one grand order. An +interview with General Forrest was published in the _Cincinnati +Commercial_ in September, 1868, in which he was quoted as saying that in +Tennessee the klan embraced a membership of 40,000, and in all the states +550,000. He said to the congressional commission that the order was +disbanded by him when it had fulfilled its purpose. No doubt he meant that +the general organization was disbanded, for certainly detached bodies +existed after the date fixed by him as that of the disbandment. Fleming +says that the general was initiated by Captain John W. Morton, formerly +his chief of artillery, and became Grand Wizard. In his testimony General +Forrest said that the klan in Tennessee was intended as a defensive +organization to offset the Union League; to protect ex-Confederates from +extermination by Brownlow's militia; to prevent the burning of gins, mills +and residences. + +Congress and the radical legislatures resorted to all possible means to +break up the klans, but they existed until after white supremacy was +restored. Even then, counterfeit bodies perverted the name until they were +suppressed by the natural rulers of the land. Congress passed a bill which +provided for suspension of civil government in any district in which Ku +Klux lawlessness existed, thus depriving all the people of trial by jury +and other rights, and placing whole communities under the ban of military +power. The Alabama legislative enactment pronounced anyone found in +disguise a felon and outlaw. It also provided that if a person was whipped +or killed by men in disguise, the county could be sued for a penalty +ranging from $1,000 to $5,000; and it made it the duty of the prosecuting +attorney of the county to institute suit for and in behalf of the victim +or his relatives, in any case where no indictment was found. + +After the Nashville convention the order courted publicity, in order to +inspire respect for its powers, and the Ku Klux sometimes paraded in +daylight. Their appearance in public was sudden and unheralded; and they +disappeared as silently and mysteriously. The perfection of their +movements in drill revealed the training which the members had received as +cavalrymen during the war. Sometimes the parades were at night, and then +the mystery of their sudden appearance and the weirdness of the spectacle +were heightened. One of the night parades was in Huntsville, and the story +of it was circulated throughout the north as evidence that another +revolution was imminent. It was in the nature of an acceptance of +challenge, and the circumstances connected with it were as follows: + +On October 30, 1868, C. C. Sheets, a Grant candidate for elector, made a +speech in Florence. About ten o'clock that night a band of disguised men +visited his sleeping apartment. He attempted to escape by way of a +gallery, but was caught and taken back to his room. After a short stay the +band retired without having in any way harmed him. Sheets said that they +exacted from him a promise that he would desist from making inflammatory +speeches. Later in the same month Sheets delivered a speech in Huntsville. +It was reported that in the course of that speech he told his colored +audience that he had been interfered with a few nights before in Florence +by Ku Klux, and that he had promised them then that he would not make the +abusive and inflammatory speeches that he had been making; but up there, +where there were so many colored people, he wasn't afraid to say what he +pleased, and that if the colored people would do what was becoming in +them, they would carry with them weapons and shoot down those disguised +men wherever they found them; that the reason the Ku Klux paraded the +country was because the negroes were weak-kneed. + +The speech excited the negroes. They remained in town all day, and at +night a meeting was held in the court-house and many negroes, with guns, +attended. During the day leading negroes loudly proclaimed that Ku Klux +would never again be permitted to enter the town; that if they attempted +to do so, they would be shot on sight. A federal military officer had said +it would be lawful to do this. A rumor circulated that Ku Klux were +assembling at a point some miles distant, and about dark two large posses +of negroes, under command of deputy sheriffs, repaired to points along +principal roads to intercept them. While the speaking at the court-house +was in progress, fugitive negroes from the posses, which had suddenly +dissolved at the approach of danger, rushed to the court-house and +announced that Ku Klux were marching on the town. The meeting broke up in +confusion and the people hurried into the yard. All the near-by streets +and the sidewalks surrounding the square were thronged with people, white +and black. Suddenly the cavalcade, numbering about two hundred, fully +uniformed in tall conical hats, long gowns, and hoods with eyeholes, some +armed with guns and sabres, wheeled into the square, and without sound +save the whistle signals--then almost as awe-inspiring as had been the +"rebel yell"--rode in military order completely around the court-house, +and then turned into one of the streets. Proceeding along this some +distance, the column halted and formed into battle line. After maintaining +this formation for a few minutes, the march was resumed and the band +disappeared. + +There was stationed in Hunstville at that time a regiment of regular +troops, and their commander, General Cruger, with some of his staff +officers, from a hotel veranda viewed the spectacle of the Ku Klux parade. +His comment was that "it was fine but absurd." + +There was an unfortunate episode of the event: + +Just as the Ku Klux withdrew there was a discharge of firearms in the +courtyard. Some witnesses said that the first discharge, an accidental +one, due to nervousness, caused the others. Judge Thurlow, a visitor, was +mortally wounded, and said a short while before his death that he was shot +accidentally by his Republican friends. A negro seated on the court-house +steps was killed instantly. Two white men and a negro were wounded. This +tragedy was without design, and the excitement was quickly quieted. + +A rumor that a few undisguised Ku Klux were posted about the square was +supported by the fact that after the departure of the troop three men, +having disguises in hand, were arrested by soldiers while in the act of +mounting horses in one of the side streets. Later in the night they were +rescued from jail by their comrades, and were never officially identified. +But their paraphernalia was retained by the officials and often exhibited +and photographed. Perhaps none other was ever captured directly from a +wearer. + + + + +CHAPTER THIRTEEN + +A MISCARRIAGE + + +There were some miscarriages in the operations of the klan. A memorable +one of this character is recalled. A cavalcade, supposed to have started +from the western side of the Warrior river, rode through Greensboro and +proceeded to Marion, a distance of about thirty-five miles, presumably to +take from jail and execute a negro who had, with but slight provocation, +killed a white man with a paling which he wrenched from a fence. The +riders visited the jail and demanded the keys. The jailer's wife appeared +and implored them to desist. The jailer himself, a member of a fraternal +order, made an appeal which was recognized and respected by members of the +party and was successful, and after much parleying, the invaders withdrew +without molesting the custodian of the county Bastile or his charge. But +an episode of the foray was embarrassing and dangerous. The riders had +proceeded only a short distance when one of the horses fell and expired, +in full mock panoply. Here was an awkward situation for the raiders. A +comrade, far away from home, unhorsed and subjected to inevitable +detection should he be abandoned! It is not known by what means he escaped +and regained the realms of the "Grand Cyclops." + +The warning to evil-disposed persons conveyed by this raid perhaps +obviated the necessity for another in that particular part of the county. + +Across the border line of Mississippi occurred a lamentable disaster, due +to incompetent leadership and ignorance of locality. + +In 1870 the carpetbag government in Mississippi reached the zenith of its +power, and its baleful influence pervaded every nook and corner of the +state. The effects of misgovernment were deplorable. Lands which in +ante-bellum days were appraised at twenty-five to seventy-five dollars per +acre had so depreciated in value that at forced sales only about one +dollar per acre could be obtained. There were few real estate transfers; +some of the lands were depopulated; the only immigrants were carpetbaggers +seeking offices; taxation was oppressive, especially for the support of +schools, and almost the entire burden was laid upon the whites; the scanty +possessions of negroes were within the limits of exemption; even the poll +tax, devoted to school purposes, was evaded by them. In some counties +tax-payers bore the expense of schooling three negro pupils to one white +pupil. At length they resisted collection of the tax. + +Robert W. Flournoy, of Pontotoc, distinguished himself in the resultant +controversy. When not engaged as deputy postmaster and county +superintendent of education, he conducted a weekly newspaper, and made it +and himself odious. In his paper he bitterly denounced the Ku Klux as +"midnight prowlers and assassins," and responsible for the suppression of +public schools. He insisted that in the schools there should be no +separation of races, and engaged in a prolonged and heated controversy +with the governor over the question of admitting negroes to the State +University. + +Colonel Flournoy received from the Grand Cyclops a communication, +intimating that at an early date he would receive a visit from the men +whom he had denounced. About midnight, May 13, 1871, Flournoy's office +foreman and a companion aroused him from sleep with the startling +announcement that a band of Ku Klux had appeared in the village, and the +leader was inquiring where the colonel's residence was located. He had +some shotguns, and, arming himself and his callers, departed from home and +repaired to a blacksmith shop near by. At this place a number of +townsmen, well armed, had already assembled. The colonel subsequently +accounted for their presence with arms with the statement that during the +afternoon they had been hunting, and when the foreman had alarmed them +they were engaged in a game of cards. Altogether, these men constituted a +strong force, and proceeded to arrange an ambuscade at the shop. + +Meanwhile the Ku Klux, who, according to later revelations, were +strangers, wholly unacquainted with the locality, having learned the +situation of the Flournoy residence, were approaching it, unconscious of +the state of affairs. Fronting the place and extending a long distance +were deep and tortuous gulleys, and in their progress the horsemen became +entangled and bewildered as in a maze and their formation broken. +Extricating themselves in groups and singly, they approached the shop. +Chancellor Pollard and Deputy Sheriff Todd were with the concealed +villagers, and the former emerged from the rear of the shop and commanded +the riders to surrender. Simultaneously, someone in concealment fired a +shot, and instantly the ambushers sprang from cover and discharged a +volley in the direction of the disordered klansmen. The surprise was +complete and overwhelming. Horses, becoming unruly, frantically turned and +fled. The riders in advance were thus thrown back upon those emerging +from the gulleys. In the resultant confusion there was desultory firing +back and forth, but the unfortunate strangers were unable to rally at any +point, and singly and in small groups they withdrew to the main street, +where they found themselves in little less embarrassing a situation. No +one knew in what direction they should retreat. They had lost their +bearings and knew not how to reach the road over which they had entered +the village. Disbanded, they fled in different directions. + +Colonel Flournoy's supporters, for the most part, were ignorant of the +character of the men whom they had assaulted and the object of the foray, +and were easily led into the mistake of pressing the advantage they had +gained. Consequently, led by Flournoy, they intercepted a small body of +the raiders and fired on them. + +Stampeded as they were, the resolute riders halted and returned the fire. + +After daybreak a man, fully costumed and still in mask, badly shot, was +found at the place where he and his comrades had been waylaid. The +unfortunate was tenderly cared for, but expired a few hours later. Three +others were wounded, but escaped. Sixteen horses, abandoned by their +riders, together with the disguises of those riders, were picked up next +day. The original party comprised thirty men. + +There was profound sorrow in the little town when the inhabitants learned +what an awful mistake had been made. + + + + +CHAPTER FOURTEEN + +A CONVENTION SUPPLEMENTS KU KLUX + + +Throughout the reconstruction period there was perhaps more turbulence in +Choctaw than in any other county of the district, but, after all, the +climax in the struggle for restoration of white supremacy was in an +orderly and regularly-organized meeting of citizens, without any attempt +at secrecy of proceedings. + +Judge J. Q. Smith, as substitute for Judge Luther R. Smith, as previously +chronicled, undertook to hold the regular term of the circuit court at +Butler. The sheriff attempted to arrest a boisterous man outside the +court-house and met defiance and resistance; consequently, in alarm he +resigned, and the judge, after some deliberation, concluded he could not +proceed without a sheriff and returned to his own proper jurisdiction. The +people in attendance and the residents of Butler held a meeting and +adopted a resolution requesting resignations from all public officials. +More cautious men dissuaded the leaders from promulgating the resolution, +and a movement started to have meetings in all the precincts and +delegates to a county meeting chosen. This project was successfully +accomplished, and the county meeting adopted a resolution which had been +adopted at a meeting in Sumter county. But in the interval between the +impromptu gathering and the regularly-organized county meeting most of the +officials had taken time by the forelock and anticipated the request that +they vacate the offices. The resolution adopted declared devotion to law +and order and opposition to any violation thereof, but recited the fact +that the objectionable officials held office, not by choice of the people, +but contrary to their will; that the officers had demonstrated their +incapacity to enforce the laws, and, therefore, in the interest of the +public they should resign. + + + + +CHAPTER FIFTEEN + +FOILED THE KU KLUX + + +Throughout the reconstruction period there was less lawlessness in Hale +than in the counties adjoining, and overthrow of the radical +administration was effected without bloodshed. + +January 19, 1871, in the wee sma' hours, a cyclops and his retinue of +seventy unceremoniously called at Judge Blackford's apartments to pay +their respects. The call was intended as a sort of "surprise party"; but +coming events had cast their shadows before, and those shadows were as +premonitions of an early nocturnal visit, and the judge was "not at home." +He was cautiously domiciled in a room adjoining his office, in another +part of town. Here, in the embrace of Morpheus, perhaps reveling in dreams +of a blessed land beyond the jurisdiction of the Grand Wizard, he was +aroused with the cry of "Ku Klux!" by an alert negro, who had hastened +from the judge's home to apprise him of the presence there of the +unwelcome visitors. The alarm was not premature, for the horsemen were +hotfooting in the wake of the negro and reached the office almost as soon +as he. The judge needed no repetition of the dreadful tidings. His +transition from Dreamland to earth was instantaneous, and his plunge in +dishabille through an open window was a disappearing act worthy of +reproduction on a dramatic stage. The weird sound of a whistle close at +hand broke discordantly into the sweet concert of frogs, katydids and +other melodists of the nights and accelerated the speed of him who sought +asylum and ghostly solitude in the boneyard in the depths of the forest. + +Recounting the thrilling incidents of that awful night, and his sojourn of +three nights in the gruesome refuge, Dr. Blackford, expressed bitter +resentment of the rude treatment to which his glossy tile, which he +abandoned in vanishing through the window, was subjected by the klansmen; +they placed it on the end of a staff and bore it as a sort of mock pennant +at the head of the cavalcade. Often trivial incidents, if ridiculous or +amusing, eclipse those that are grave. It was so in the Eutaw riot, when a +"plug hat" diverted dangerous men from an unlawful purpose,--but that is +another story, and will be told in due time. + +For the next few days, Dr. Blackford camped at night and returned to his +office in the morning. According to his own statement, a prominent +Confederate general took him to his quarters in a hotel and promised him +protection temporarily. One evening, in general conversation, the subject +of the Ku Klux was broached, and the host imparted to his very receptive +guest much information thereon. The klans pervaded the country, and were +better organized than the Confederate army had ever been. There was no +escape for a proscribed man if he should tarry when ordered to be on the +move; when they dealt with a man, a klan from some other county or state +did the work, and all residents could be seen pursuing their accustomed +walks. "You are watched," he said, "day and night, and your whereabouts +cannot long be concealed. On that night when the Ku Klux were after you, +not more than one or two persons in the vicinity had knowledge of their +coming." + +[There were at that time in Greensboro two distinguished Confederate +generals, Forrest and Rucker, engaged in building the Selma and Memphis +Railroad.] + +Judge Blackford conferred with some prominent citizens, and at his request +they consented to purchase his property on condition that he resign and +betake himself to other parts. After prolonged negotiations, the +arrangement was effected. Governor Lindsay appointed as Blackford's +successor to the probate judgeship Mr. James M. Hobson, father of +Congressman Richmond P. Hobson. Dr. Blackford, with his grievances, +repaired to Washington, where an emollient in the form of a special agency +of the Postoffice Department diverted his thoughts from the enemies he had +left behind. + +The details of Dr. Blackford's statement of information derived from the +Confederate general should be taken with a grain of salt, because his +memory was not accurate. In Washington he testified in regard to another +occurrence in Greensboro, and General Blair's inquisitiveness exposed the +infirmity referred to. + +He said the citizens regarded the soldiers "as a set of niggers and +offscourings of creation" whom they could "buy with two dollars and a +drink of whisky," and make them do their will. Then he related that "while +probate judge" there was an election in Greensboro, and soldiers in charge +at the polls got drunk and changed negroes' votes. He interfered, and one +of them asked: "What the devil have you got to do with it?" The doctor +replied: "I have simply this much, I am the presiding officer here of this +county; I propose to keep the peace and enforce my rights as the presiding +officer of the county, and I will deal with you myself if you do not +leave." The valiant doctor then drew a pistol and said, "If you do not +leave here now, I will shoot you." Comrades of the obstreperous soldier +interposed and bore him away, leaving the doctor in serene enjoyment of +his rights as "presiding officer of the county." After he had testified +further at considerable length, Senator Blair suddenly projected himself +into the inquiry with the question: + +"On what occasion was it you drew your pistol upon a United States soldier +and told him you would shoot him if he would not desist?" + +"It was on the day of the election." + +"What election?" + +"For the constitution; the day we voted on the constitution, I think that +was the day." + +"What office did you hold then?" + +"No, sir; it was not the day of the constitutional election; it was the +day on which the election, I think, of officers took place, and I know +that I was--or at least my impression is that I was probate judge at the +time; that is my impression, that I was probate judge at the time." + +"The officers were elected on the same day the constitution was voted on. +So you could not have been a probate judge until you were elected and +commissioned." + +"No, sir; my impression is, that it was after I was probate judge that +that occurred. I think I told him that by virtue of the office that I +held, if he did not desist from this--I know that was my assertion to the +soldier." + +"Was that a proper act for an officer, a conservator of the peace?" + +"I do not know that it was, but the acts of violence going on, I thought, +demanded it, and the sheriff of the county had left,--and left these +soldiers there to do just what they pleased, and they were drunk; and when +I asked them several times to desist from this thing, and this fellow +clapped his hand on his pistol,--and I had a large derringer in my pocket, +and I told him he should do it." + +"You drew your pistol on him?" + +"Yes, sir; I drew my pistol." + +"Was it your duty to arrest him?" + +"Perhaps it might have been, sir. I did not think so; in the midst of that +excitement, I did not think so, sir." + +"If a peace officer set such examples, they cannot complain that they are +followed by others." + +"Yes, sir; that may be all true, but the peace officers had all forsaken +me and I was there, either to let the election go by default or else to +pursue that course,--and I resolved on that to get him away from there." + +"Would not the course have been just as effectual if you had arrested him +in the name of the law?" + +"I think the parties around him would have resisted arrest." + +"Would not they have equally resisted your firing upon him?" + + + + +CHAPTER SIXTEEN + +IN TUSCALOOSA + + +Two young men belonging in the hills of Tuscaloosa county, were journeying +in a wagon, bound homeward from a trading trip to Northport (across the +river from Tuscaloosa). Passing a negro lad, they jestingly pretended that +they would kidnap him. In alarm, the boy fled to his home and informed his +father that he had been mistreated; and the man armed himself with a gun +and pursued the unconscious young men. Overtaking them, he leveled his gun +menacingly and cursed the unarmed and defenseless white men. That night +they, with some friends, repaired to the negro's house to chastise him. He +had assembled a number of armed friends in anticipation of an attack. He +had loosened some of the flooring, and through the opening thus provided +crawled to the edge of the house, and, emerging from this position, crept +unperceived to the near-by bushes. While the whites were parleying with +the inmates of the house, he discharged both barrels of his gun, and young +Finley fell dead. Shots from the house succeeded. Attacked front and +rear, the whites withdrew in disorder. News of the occurrence quickly +spread far and wide. + +Next day one of the negroes implicated was caught and killed. Later, +another, who had been captured and incarcerated in jail at Tuscaloosa, was +taken therefrom by a band of men and executed. The ringleader escaped +temporarily. Twice in pursuit of him steamboats were stopped and searched. +The fugitive had been on one of them, but debarked at one of the landings. +About twelve months after the unsuccessful chase, the fugitive was traced +to a plantation in Hale county, where the habit of wearing a heavy +revolver even while at field work rendered him an object of suspicion, and +caused an investigation which revealed his identity. His dead body, weapon +in hand, was found one day on the roadside, and his taking off was +associated in the minds of the people with the brief visit to that +neighborhood of two white men, who departed in the direction of Tuscaloosa +county. Consequences of this affair were a change in the office of +sheriff, recall of troops, and other tragedies, but the ultimate effect +was a better understanding between the races. + + + + +CHAPTER SEVENTEEN + +A SERIES OF TRAGEDIES + + +In Sumter county affairs were approaching a climax when Enoch Townsend, a +negro, about dark one evening waylaid and repeatedly stabbed Mr. Bryant +Richardson, a planter, and fled after Mr. Richardson, despite his wounds, +bravely struggled to overcome his assailant. A warrant for the arrest of +the assailant issued, and officers sought him on the plantation of Dr. +Choutteau. + +Choutteau was of French descent and migrated to Sumter from Louisiana, +where, it was rumored, he had been involved in serious trouble. He is +described as a swaggerer. During his early residence in Sumter he +expressed intense dislike of freedmen and lost caste with the whites by +seriously advocating wholesale poisoning as a means of relieving the +county of the surplus of its negro population. Later he yielded to the +temptation of office, and identified himself with the league and gained +odious notoriety by his radicalism. He had constantly about him at his +plantation armed negro guards; the league met there and picketed the roads +thereabout. At length he became intolerable. + +To this plantation officers with the warrant of arrest repaired and +searched the cabins in the negro quarters. After the search was nearly +completed, a negro scrambled from the chimney of a cabin to the roof, +sprang thence to the ground and fled. Disobeying the summons to halt, he +was fired upon by the posse and killed. Poor fellow! he was the wrong man, +and no one ever learned why he acted so like a criminal. The dead man +proved to be Yankee Ben, president of the Loyal League at Sumterville. +(The fugitive Townsend was arrested by two law-abiding freedmen and lodged +in jail at Livingston.) + +The killing of Yankee Ben excited the negroes, and a meeting was called at +Choutteau's place for the purpose of formulating plans to avenge it. Sixty +armed negroes assembled accordingly on Saturday, but were dispersed. On +Monday one hundred and fifty met at Choutteau's. Simultaneously, twelve +white men went there to hold an inquest on the remains of Yankee Ben, +which had previously been interrupted by the proceedings narrated. On the +latter occasion Choutteau refused to permit an inquest unless by a jury +composed of negroes. In this his dusky adherents supported him, and were +insulting in demeanor. One hundred whites reinforced the jury and +scattered the negroes. Thereupon Choutteau withdrew his objection. +Moreover, he promised that if permitted to remain on his place undisturbed +for a few days, he would leave the neighborhood, adding that he had for +some time contemplated the move. He was told that what he purposed to do +was unnecessary, and that he was required only to cease his turbulent +practices. + +Choutteau moved to Livingston, and shortly afterward his plantation house +was destroyed by fire. He then posed as a victim of Ku Klux incendiarism, +magnified his losses, memorialized the legislature for reimbursement, +published exaggerated stories of the occurrence, and vociferously +threatened revenge. He was regarded as a menace to the safety of the +community in which he had taken up his residence. + +Shortly after midnight August 13, 1869, his house was attacked by a small +band of men, who forced an entrance into the hall. Doors on each side gave +entrance to sleeping quarters, and an invader broke out a panel of one of +them, struck a match and thrust his face into the opening. A gun was fired +from within the room and the man fell to the floor. The weapon was +discharged by a German named Coblentz, whom Choutteau had hired as a +guard. The intruder's head was blown to pieces, and the entire brain, with +one hemisphere intact, together with the mask the unfortunate had worn, +was found on the floor next morning. When the victim fell back from the +door, a comrade sprang to the vacated place and fired several shots at +Coblentz, inflicting wounds from which he died an hour or so later. +Believing they had killed Choutteau, the band departed, taking the fallen +comrade. Blood drippings marked for some miles, to the river, the trail of +the retiring invaders. The negro ferryman testified that they ferried +themselves over the stream. + +The dead man's identity was never disclosed to the public, but there was a +rumor that he was a young doctor, and that his remains were interred by +companions, who sent to his home his watch and other valuables which he +had about his person, with information regarding the place of burial. In +some unhappy home, a mother, wife or other loved ones long mourned the +fate of him who had died so tragically. Choutteau did not tarry. He was +given employment in Washington, and disappeared from view. + +The party which visited Livingston that fateful night divided and a +detachment went to the house of George Houston, one of the negro +legislators. When the firing began at Houston's home, someone sprang from +a window and fled to the brush. Thinking it was Houston and that he had +escaped, this band reunited itself with the others and all departed. It +was Houston's son who escaped. Houston himself was wounded, but recovered, +and left for Montgomery, returning no more. Houston was accused of having +repeatedly uttered the threat that if the whites did not cease their +regulating activities he would have Livingston laid in ashes. + +On August 8, of the same year leading citizens of Livingston received +telegrams advising them that one hundred armed negroes, en route to +Livingston, had stopped at Gainesville, in the same county, and purchased +quantities of ammunition. Very soon thereafter Captain Johnson, commander +of a steamer on the Tombigbee river, telegraphed to Livingston that in +steaming up the stream he had seen groups of negroes on the banks,--all +with guns,--who said they were going to Livingston to attend a nominating +meeting, to be held next day; that they had been ordered to attend with +arms. Another dispatch was received from Eutaw saying that Congressman +Hays had engaged transportation next day for one hundred negroes. + +The white people of Livingston, on receipt of these dispatches, bestirred +themselves and summoned reinforcements from other points. + +The night preceding the day set for the meeting the negroes camped outside +of town. Next day, when they entered Livingston, they were confronted by a +body of white men, who told them they would not be permitted to retain +their guns while in town and must take them back to the camp. The negroes, +after some disputation, on learning that the congressman would not be +present, retired. Burke, the negro legislator and president of the league, +went to the camp and harangued them. He urged them to return to town with +their guns and resist any interference that might be offered. He wrought +them into a state of excitement. + +One negro, Hayne Richardson, refused to lay down his gun, and was shot on +the road some distance out of town. The report of the gun attracted +attention both in town and camp, and suddenly a party of horsemen dashed +toward the latter, firing their weapons. The sudden attack abruptly +terminated Burke's fervid oratory and his audience fled. Some were shot. +Richardson was badly hurt, but escaped and left the county. The following +night twenty horsemen surrounded Burke's dwelling. He escaped from it and +fled, under fire. Early in the morning his body was found stretched in a +path leading to the dwelling of his former master. + +Price, the man of multifarious official employment, called the meeting, +and the negroes who testified in the investigation said that his runners +told them he directed that they attend with guns. Price took final leave +of Sumter before the shooting commenced. + +Congressman Hays said he was prevented from attending by sickness of a +member of his family. He disavowed any responsibility for the negroes +going armed. "I only want to state this," he said, while testifying in +Livingston, "in connection with that matter--I do not know that it is +worth stating: that I understood from friends of mine here that there was +a regular mob down there to assassinate me the very moment I got off the +train. I heard that afterward,--that if I had come here, I would have been +killed instantly. If I had been, I would have been killed innocently." + +Congressman Hays was unfortunate in being placed in alleged false +situations. There was another memorable occasion when appearances were +against him, however innocent of evil designs he may have been: + +There was to be a meeting at Boligee, in Greene county, and Colonel J. J. +Jolly, of Eutaw, was invited to address the gathering. The Boligee +Democratic Club sent a committee to Major Charles Hays with an invitation +to discuss jointly with Colonel Jolly the issues of the campaign. The +invitation was accepted. When Major Hays arrived there was gathered a +party of armed negroes. According to his own statement under oath, Hays, +in relating the incidents of the abortive meeting, said that a half-hour +after his arrival "there came some fifteen young men riding up, with +double-barreled guns and a few hounds following them. I saw this +demonstration at once and I came to the conclusion that it was gotten up +for a row." He had been present for a half-hour and was all the time aware +that a crowd of armed negroes was gathered, but said nothing in +remonstrance, but as soon as the party of young white men rode up he +immediately stepped to the door of the building in which he was waiting, +and said to the negroes: "You have come here with guns in your hands, and +you know that I have expressly said to you that I would never speak to you +on any occasion whatever when you brought arms to a political meeting at +any place, and I shall decline to have anything to do with this matter in +any way whatever." Then, turning to the white men, "I hope, gentlemen, you +will excuse me; I'm going home." + + + + +CHAPTER EIGHTEEN + +DISAPPEARANCE OF PRICE + + +Price was the most turbulent and desperate character among the radicals. +One of his own ilk declared that Price had not brought with him even so +much as a carpetbag, but was soon grasping everything in sight. After the +trouble in Livingston, just described, he fled to Meridian, and continued +there to be a disturbing element. + +Lauderdale county, Mississippi, of which Meridian is the capital, and +Sumter county, Alabama, adjoin. A negro of Livingston went to Meridian to +obtain some farm laborers. On his return he reported that he had been +assaulted by disguised negroes, in whose leader he recognized Price. An +officer went from Livingston to investigate, and was assaulted by Price +and others. Price was arrested by the Meridian authorities, and when the +trial was due a number of Alabamians were gathered in that town. The trial +was to be before the mayor. Some of the county and city officials +requested the mayor not to permit the trial to proceed, because if he did +there would certainly be an outbreak. In compliance with the request, the +trial was postponed and Price permitted to escape. He never reappeared +and nothing is known of his subsequent career. But he entailed trouble on +the people, and there was a bloody sequel to his arrest and release. +Negroes held a meeting and resolved that they would repel with force any +future "raids" by Alabamians. After the meeting adjourned an incendiary +fire started, and leading negroes at the scene discharged revolvers +recklessly. This caused much excitement, and some colored men were +arrested and held under guard. Monday morning at eleven o'clock white +citizens met and adopted a resolution asking the mayor to resign and leave +the city. At three o'clock the trial of the negro prisoners began. Many +Alabamians were in town, among them, according to statements, the noted +Steve Renfroe, of Sumter, and Joe Reynolds, of Eutaw ("Captain Jenks"). +The trial or investigation was before a justice named Bramlette. A white +witness concluded his testimony and was about to retire, when one of the +accused negroes, Tyler, insultingly asked him to continue on the stand a +few minutes, as he wished to impeach his testimony with that of some negro +witnesses whom he would introduce. The witness picked up a cane which was +lying on the table and moved toward Tyler. A pistol was fired from the +direction of that part of the room in which Tyler and a number of others +were grouped. Bramlette sank back in his chair, dead. Firing of pistols +became general and there was great disorder and confusion. Clopton, one of +the negroes under arrest and charged with incendiary utterances, was +wounded and thrown from a window of the room, which was in the second +story. He was taken into the sheriff's office, and in the uproar there +killed. Tyler escaped from the building and hid in a shop some distance +away. Pursuers found and killed him. Few doubted that he fired the shot +which killed the justice. + +Excitement continued through the afternoon. Three other negro leaders were +arrested and placed under a guard for protection. Two nights afterward +they were taken from the guards and executed. + +The mayor abandoned his office and left the state. An obnoxious member of +the legislature was sought, but fled and did not return. + +One of the utterances of Tyler at the negro meeting recalled a remarkable +incident in the history of Meridian. In a drunken brawl an Indian +belonging to the Mississippi Choctaw tribe was killed there. A band of his +tribesmen, in a spirit of retaliation, visited Meridian and killed the +slayer. Tyler referred to this action of the Choctaws as an example worthy +of emulation by his people. + + + + +CHAPTER NINETEEN + +RIOTS IN MARENGO + + +In the campaign of 1870, a former slave owner was one of the Republican +candidates for office in Marengo county, and made what was regarded as an +inflammatory speech to negroes gathered at Shiloh, a hamlet, situated in a +section of Marengo county largely populated by negroes. A few white men +were present, and between them and the candidate an angry controversy +arose. The immediate result was cessation of the speechmaking and +dissolution of the meeting. The orator was escorted by white men to a +buggy and departed in safety. He was a pugnacious man and had a record of +at least one victim to attest his prowess in rencontre. Some days later he +repaired to Linden, the county seat, accompanied by two negro men, +ostentatiously bearing a United States flag. There had assembled a great +crowd of negroes, who were, as usual, armed. With him on the platform was +Captain C. L. Drake, the man of many offices, and above them floated Old +Glory. An offensive reference to the disturbance at Shiloh provoked a +quick retort from one of a small group of white men who were listening to +the speech. The orator paused, dramatically removed from his pockets his +watch and purse, and from its fastening a diamond pin, handed them to the +sheriff, with the request that he convey them to the candidate's wife, in +the event of a fatality, drew a pistol, and, remarking that he had been +mistreated and would "fight it out," descended from the platform. Negroes +with guns sprang into double ranks, enclosing him on two sides. The group +of whites promptly seized and disarmed him, and meanwhile white men with +arms were rushing to the scene from all quarters. Somewhere on the +outskirts of the throng a pistol was fired which caused a stampede in that +quarter. The negroes about the platform, confronted by a line of +determined whites, yielded and retired from the scene. Drake fled to his +office and thence to tall timber. The candidate, forsaken by his +followers, asked for protection, and was hurried into a room of the +court-house and locked in with two or three citizens. The angry crowd +outside was clamorous and the beleaguered man, rejecting all suggestions +of plans for flight, himself finally proposed as a means of quieting the +uproar to sign a paper relinquishing his candidacy for sheriff and +withdrawing from politics. Duplicate copies of the paper were drawn up and +signed; he retained one of them, and the other was taken outside and read +to the people. It produced the desired effect. The candidate was placed in +a buggy and, accompanied by an escort, proceeded to his home. And thus +ended "the Linden riot." But the candidate was irrepressible and speedily +repudiated his act of self-abnegation as having been done under +intimidation. + +He spoke at Belmont, a small settlement, and became involved in an affray +with a resident. This created a general disturbance, in which the meeting +was broken up and the negroes sullenly retired from the scene. They +threatened to burn the place, and a white man was shot at from ambush. So +unusually hostile and aggressive were the negroes that warrants issued for +the arrest of certain of their leaders, among them Zeke High. There were +posted notices of a meeting of negroes at Belmont on July 5, 1870. White +men in considerable numbers assembled there on that date, and the meeting +was prudently postponed. A negro was whipped that night, and next night he +assembled at his house, in a dense swamp near the river, a number of armed +friends. A scouting party of whites, seeking information respecting the +purposes of the negroes, approached their stronghold in the darkness of +night; one of them (Melton) entered the yard and was fired at. Melton +dropped to the ground and feigned death to escape another volley. Both +sides, thinking he was dead, ceased firing, and the whites withdrew to +give the alarm. A warrant of arrest was placed in the hands of an officer, +but he was unwilling to attempt to serve it at night. A young man named +Collins, bold and fond of excitement and adventure, volunteered to serve +the warrant and was duly commissioned. Collins, with three companions, +approached the house, but before he had time to summon the inmates to +capitulate, a volley was fired by the latter and Collins sank from his +horse in death. Two of his companions were slightly injured, and the +party, after returning the fire, retired. This occurrence created intense +excitement and indignation. Whites gathered from the surrounding country. +The negroes were greatly reinforced and fortified a position in an almost +impenetrable part of the swamp. Some of the whites favored an immediate +assault, but other counsels prevailed, and the sheriff, with a small +posse, proceeded to the scene and demanded Collins' body. The demand was +refused. Next day the sheriff rode into the midst of the mob and again +demanded the body, and got it. A few hours later the white forces made a +quick and determined forward movement to dislodge the negroes from their +almost impregnable position, and found it abandoned,--the negroes had +disbanded and fled in terror. This terminated "the Belmont riot"; but it +had a sequel in the retributive death of the negro leader, Zeke High, who +boasted that his shot killed Collins. On his own boastful confession High +was arrested and lodged in the Sumter county jail at Livingston. September +29 a party of mounted and disguised men from the direction of Marengo +forced the sheriff to surrender the jail keys, entered the prison and took +High from his cell, conveyed him a short distance away and hung and shot +him to death. This High was a desperate and dangerous character, and even +when seized by his executioners fought ferociously. When the leader +entered the dark cell in which High and three other prisoners were +incarcerated, he was assaulted and struck in the face with a heavy piece +of furniture, the blow dislodging several front teeth. + + + + +CHAPTER TWENTY + +KILLINGS AND RIOTING IN GREENE + + +In 1870 Eutaw, the seat of government of the rich county of Greene, +contained a population of 1,800 or 2,000, and prospered greatly in trade +with farmers in the surrounding country. It was a typical Southern +court-house town,--busy in fall and winter, almost dormant in late spring +and summer. Its men were among the earliest to volunteer for service in +the Confederate armies and latest to retire from that service; they were +also amongst the earliest to organize resistance to carpetbag rule and to +throw off the yoke. + +On the morning of April 1, 1870, the people of Eutaw were shocked when +informed of a tragedy which had been enacted during the night--Alexander +Boyd, county solicitor and register in chancery, had been shot to death by +Ku Klux! At first most persons discredited the gruesome story as an "April +fool" hoax, but incredulity gave place to amazement when the scene of the +awful tragedy was visited. + +Of all the acts attributed to the klan, perhaps none was bolder than the +slaying of Boyd. A bachelor, he had for a long time occupied sleeping +quarters in a detached office building situated in a corner of the +court-house yard; but having received a warning note, he became alarmed +and abandoned these quarters and obtained an apartment on the second floor +of the Cleveland Hotel only a few nights previous to his death. This hotel +was situated on a corner diagonally opposite the court-house, and was the +principal rendezvous of townsmen with a taste for gossip. + +Witnesses at the investigation into the circumstances testified that at +half-past eleven o'clock forty or fifty horsemen, in the regulation garb +and armed with revolvers, their horses robed and hooded, approached to +within a short distance of the hotel, where all except the customary +horse-holders dismounted and quickly and unhesitatingly entered the hotel +office, posted guards at all entrances, and then commanded the clerk to +take up a candle and show them to Mr. Boyd's apartment. Obediently the +clerk led the way until he reached the corridor upon which opened the room +they sought. Pausing here, in his speechlessness he indicated the door by +pointing, and then fled the scene. Within a brief space an agonized +scream, heard blocks away, issued from the room of the doomed man, and +was almost instantly succeeded by a heavy volley of pistol shots. The +panic-stricken clerk had hardly resumed his seat upon the office stool, +with hands to ears and head bowed upon his ledger, when the dread invaders +reappeared in the office. Signaling with whistles the recall of sentinels, +they quietly withdrew, remounted and rode around the square, in military +order, and then departed in the direction from which they first appeared. +[They were traced to the Mississippi border line.] + +After their departure, officials and others repaired to the corridor and +discovered the dead body, robed in night dress, perforated with many +bullets and almost completely drained of blood. Not a shot had missed the +mark. Inside the room a table, bearing a lighted lamp, his revolver and +watch, stood close to the head of the bed. He had not attempted to use the +weapon. Evidently the purpose of his slayers was to remove him from the +building, for one of them carried a suggestive coil of rope, but his +outcry and struggles settled his fate. + +Boyd was a nephew of William Miller, probate judge. Some years before the +war he was convicted of killing a young man named Charner Brown, and +sentenced to a term in the penitentiary. A petition in his behalf was +presented to Governor Winston, and in response thereto the sentence was +commuted to one year's imprisonment in the county jail. Having served the +sentence, Boyd departed for another state. At the close of the war he +reappeared, and, following the example of his uncle, sought office in 1868 +at the hands of the negroes, and was made county solicitor and register in +chancery. He was not distinguished as a prosecutor, but regarded as +indifferent. + +December 9, 1869, Dr. Samuel Snoddy left the village of Union, in the +northern part of Greene county, to return to his farm. Night overtook him +en route, and he became confused. Reaching the cabin of some negroes with +whom he was acquainted, he engaged one of them to pilot him. Early next +morning Dr. Snoddy's badly mutilated remains were discovered on the +roadside. The unfortunate man had been murdered and robbed of a +considerable sum which he had on his person. Sam Caldwell, Henry Miller +and Sam Colvin, negroes, were arrested, accused of the crime, and lodged +in jail at Eutaw. The scene of the murder had become notorious on account +of being a centre of league activities and disorders, and the murder of +Snoddy aggravated the sense of wrong under which the whites had long been +restive; and when, a few days later, the prisoners were released, one of +them on bond, they were seized and executed summarily. Solicitor Boyd, it +was alleged, manifested no zeal in the investigation of the Snoddy murder, +but became exceedingly active in the inquisition in connection with the +subsequent and consequent affair, and exultantly declared that he had +ascertained the names of all the men engaged in it, would send for +soldiers to effect their arrest, and vigorously prosecute them, and if +necessary hold the jury for six months. + +All of these facts were related in explanation of popular displeasure with +Boyd, which revealed itself first in the note of warning and finally in +the taking of his life. Mr. Boyd's tombstone in the Messopotamia cemetery, +Eutaw, erected by Judge Miller, is inscribed: "Murdered by Ku Klux." + +Greene county continued in a state of disorder, which grew worse as the +election approached. + +The Republican state executive committee advertised that on October 25, +1870, Senator Warner, Congressman Hays, Governor Smith and Ex-Governor +Parsons would deliver addresses at the court-house in Eutaw. On that day +the party of visitors, accompanied by General Crawford, military commander +of the department, and others, arrived in town. They were informed that +the Democratic county committee had invited the voters to hear an address +by the Democratic candidate for the legislature, and had chosen the same +time and place. Thereupon the Republican leaders held a conference and +decided to invite the Democratic committee to hold with them a joint +meeting. Accordingly, Judge Miller, Congressman Hays and Mr. Cockrell were +commissioned to convey to the Democratic committee the following note: + +"We propose to appoint a committee of two to meet a committee of two from +your party, to arrange the terms of a discussion for the day, to meet +immediately at the circuit clerk's office." + +To this note the following reply was sent: + +"Gentlemen,--In answer to your note of this date, we, the committee +appointed by the president of the Democratic and Conservative Council of +Greene county, are instructed to say, that we do not consider the +questions in the present political canvass debatable, either as to men or +measures; and we therefore, in behalf of the Democratic and Conservative +party of Greene county, decline any discussion whatever. + + "J. J. JOLLY, + "J. G. PIERCE, + "_Committee_." + +This reply was ominous. So apprehensive were the leaders that Congressman +Hays, who was exceedingly unpopular, decided, with the concurrence of the +others, that it would be safer if he should refrain from speaking. The +garrison troops were quartered a half-mile away from the court-house, and +Governor Smith requested General Crawford to have the entire body brought +to the court-house; but after conference with the sheriff, the general +concluded that a detachment posted two blocks distant would be a +sufficient safeguard. + +Immediately after the note of reply was sent, the Democrats called their +meeting to order on the north side of the court-house, and soon thereafter +the Republicans assembled on the south side. The Democratic meeting lasted +only a short time, and at its conclusion the auditors repaired to points +where they could listen to the Republican orators. + +Corridors run through the court-house, crossing each other in the centre +of the building. These spaces were thronged by white men. + +For the accommodation of the Republican speakers, an improvised platform, +formed of a table, was placed against a window opening from the clerk's +office. All of the Republican visitors and local officials occupied chairs +in this office. By request of Senator Warner, the office door was locked +from the inside, in order, as said, that "whatever danger there might be +would be in front." + +Senator Warner spoke without unusual interference. Ex-Governor Parsons +followed and was listened to attentively. When he retired through the +window, the negroes called for Congressman Hays. A Democrat, Major Pierce, +approached Governor Parsons, who was seated inside near the window, and +advised him to restrain Hays. Parsons, in response, endeavored to attract +the attention of Hays, who had mounted the platform with the intention, as +he subsequently testified, not to deliver an address, but merely to +dismiss the audience. If this was true, his purpose was misunderstood, for +the table was suddenly tilted and Hays precipitated. As he fell a pistol +was fired, and the ball passed through Major Pierce's clothing. Some +witnesses testified that Hays fired it, and Parsons afterward admitted +that Hayes was armed with a derringer; others, that the shot came from the +direction in which the negroes were massed. However this may be, there was +an impulsive forward rush by the negroes, and, as Warner admitted, they +had weapons in their hands. + +The first shot was instantly succeeded by a volley from the corridors, and +the onrush was halted. Suddenly, in a resonant voice, someone in a +corridor shouted: "Go in, boys, now is your time!" Continuous firing +followed, and the negroes fled in great disorder, leveling the stout fence +which enclosed the yard, a few discharging pistols as they fled. + +Even in this grave situation there was an amusing incident. In his +testimony before an investigating commission Senator Warner, describing +the riot, related it accurately. Beaver hats were not worn in Eutaw at +that period. Mr. Parsons' attire was similar to that of Quakers and +included a light-colored beaver hat. Senator Warner's tile was +conventional, black and glossy. "I caught up the papers in my hands," he +said, "and walked very deliberately to the right, in order to get out of +the way of the firing. There came from the right-hand side of the +court-house a pretty good line of men, thirty or forty, I should think. +They came around all together, and formed a tolerable line across from the +corner of the court-house to the fence, and commenced firing on the +negroes, who had broken down the court-house fence and were fleeing as +fast as they could. These men cocked their revolvers and fired upon them +as rapidly as they could. I looked at them for a moment, and then walked +up to them as they were firing. I saw some colored men falling on the +grass and then scrambling up and moving off. I walked up to these men and +held up my hand in a deprecating manner, and said, 'For God's sake, stop +this!' One of them who was nearest to me turned around and cast a kind of +defiant but yet somewhat surprised look at me. One of them leveled his +pistol upon us, Governor Parsons, Mr. Brown and myself; he was standing +about the length of this table distant from us. He leveled his pistol at +Governor Parsons. The governor said: 'For God's sake, don't shoot at me; I +have done you no harm.' The crowd stopped firing and turned their +attention to us. Just at that instant the sheriff came around with his +arms spread out, and said: 'Stop this! stop this!' The man stopped for a +moment and seemed to be deliberating whether he should shoot Parsons. He +then saw Mr. Hays on my right; turning a little to one side to avoid me, +he threw his pistol down upon Hays and Mr. Brown, who were both together, +and tried to shoot them. They both sprang behind me; I saw them getting +behind me and squatting on the ground to avoid his fire. By that time the +negroes had been driven out of the court-house yard and across the street, +where they had stopped and turned, and began to fire back. A few were +firing back. Just at that moment I heard somebody call out, 'Boys, hold +your fire!' The firing then ceased. I started and walked through the +crowd, right among them. I suppose there were forty or fifty of them, all +standing there with their revolvers in their hands, smoking, as they had +been firing. Just as I was getting out of the crowd somebody from behind +struck at me and knocked my hat off; I just felt the blow on my head, but +I could not tell who it was, for when I turned around his hands were +dropped, whoever it was. I guess it was pretty lucky I did not know, for +the blow aroused me a great deal, and I am afraid I should have lost my +self-possession. I turned around to pick up my hat, when another man +kicked it; then another kicked it; and then the whole crowd, one after +another, played football with it and kicked it across the yard. I started +back to get it, when a man by the name of Dunlap, a Democrat, who seemed +to be in accord with the party there, walked up to me and took me by the +arm in a friendly sort of way, and said, 'General, you had better get away +from here or you will get hurt!'" + +The senator's hat furnished diversion at a critical moment, and in all +probability was the means of saving his life and the lives of his friends. +There had been firing from the clerk's office, and Mr. Cowan (one of the +actors in the Greensboro tragedy mentioned in an earlier chapter), was +slightly grazed on the left thigh. He was brandishing a pistol and calling +to the white men to rally about him, and standing near a window of the +clerk's office. He believed that he was made a target by a prominent +Republican who was in the office. Two other white men, near Mr. Cowan, +were struck by missiles from the negro ranks just before they fled from +the yard. Some of the party with or about Senator Warner had, a moment +before the scene described by him, emerged from the office and were +retreating to the Cleveland hotel, and a determined group of men, +including Reynolds, with a shotgun, were pursuing them when the fun with +the hat commenced. While it was yet in progress, the soldiers wheeled +around the nearest corner and rescued the imperilled Republican leaders. + +Meanwhile the negroes, having fled in two directions to points where they +had guns concealed in wagons, secured these arms and resolutely moved back +toward the scene of their rout. They were aware of their preponderating +numbers, and counted on the sympathy of the soldiers. Those on Prairie +street had not proceeded far when they encountered a squad of mounted men +commanded by the marshal and a few sharpshooters posted behind trees in +private yards, who speedily checked their advance. At the intersection of +the two streets which were scenes of reviving combat a line of white men, +armed with guns, all men of tested courage, was formed to prevent a +junction of the two bodies of negroes. Just then the soldiers, at +double-quick, made their appearance and were halted opposite the line of +armed citizens. After a brief hesitation, the officer gave the command to +move and the soldiers proceeded down Prairie street. The negroes quickly +lost courage and retreated, and before long none could be seen within +miles of the town. And so ended the Eutaw riot, in which, according to the +local newspaper, the _Whig and Observer_, and the testimony of witnesses, +54 men were shot, and from 250 to 300 white men and from 1,800 to 2,000 +negroes were engaged. The number of wounded was probably exaggerated. + +The pistol shot which followed so quickly the rude interruption of Hays' +remarks was not the real cause of the riot; it was but the signal for the +opening of a conflict which had been impending for some time, and it gave +vent to indignation which had been suppressed with difficulty. The +explanation is found in earlier occurrences. + +In October the white people of Greene county were much disturbed by rumors +that a number of bands of negroes had been drilling with arms in parts of +the county where plantations were largest and the negro population +densest. A country store was burned by incendiaries, and threats were +made that the several bands would be consolidated and Eutaw attacked by +the combined force. + +Lieutenant Charles Harkins, commanding the detachment of troops +garrisoning the town, reported to his superior officer at Huntsville as +follows: + +"I have the honor to report that on the evening of the 19th instant, +reports were brought to this town, by both colored and white men, to the +effect that a band of armed colored men intended burning the town that +night. The rumor seemed to be generally credited by the citizens, which +caused great alarm and excitement. Armed parties of citizens were +immediately formed, under the direction of the sheriff, and patrols and +pickets sent to the suburbs of the town, where they remained all night. No +demonstration was made by the colored men, if they had any such intention, +which I am inclined to doubt. The excitement has abated, but there is +still a feeling of distrust and anxiety among all classes. + +"The real facts of the case, and cause of the present alarm, I believe to +be as follows: The colored men and Republicans generally of this county, +feeling aggrieved at the many murders and outrages perpetrated on men of +their party by the Ku Klux organization, have determined to protect +themselves in future and have banded together for that purpose only, not +to assume the offensive, or interfere with the peaceful, law-abiding +portion of the community." + +The relation of cause and effect in this thwarted conspiracy to destroy +Eutaw and the riot which followed so soon is indisputable. The trend of +Lieutenant Harkins' sympathies is equally plain. He was inclined to doubt +that the banded negroes intended to burn the town, but readily intimated +that they had provocation in "the many murders and outrages perpetrated on +men of their party by the Ku Klux organization." Not a word is there in +the report concerning the burning of the store, nor of the fact that +refugee white families from the widely-separated plantations were moving +into Eutaw for protection against the menacing bands of negroes, nor that +the "patrols and pickets" were necessary precautions not of one night +only, but of three nights, and served to deter the negroes from +prosecuting their design. + +The prompt action of the whites in driving the negroes out of town on +October 25 would seem precipitate and unjustifiable if not considered in +connection with the facts just recited. Nearly two thousand negroes +attended that meeting, and they took with them guns, which were secreted +in wagons at the foot of Prairie street. They were aware that the +commanding officer of the garrison was in sympathy with them, and that +they would encounter only a small body of white men should there be a +collision. No doubt they counted much on the presence of the radical +governor of the state, the military commander of the department, a senator +and a congressional representative, all in sympathy with them, and all +smarting under indignities received only a few days before at a meeting in +an adjoining county. + +The white men remembered the nights of anxiety for the safety of the women +and children and property of the town, and realized the danger of the +situation in which they were placed by the group of official Republicans +who heedlessly and recklessly assembled thousands of negroes who had so +recently been frustrated in a design to obtain revenge for punishment +administered to evildoers of their race. Those white men had courage and +resolution to meet the emergency, and they met it promptly and terribly. +And they taught a lesson for which there has never since been occasion for +repetition. + + + + +CHAPTER TWENTY-ONE + +RESTORATION OF WHITE SUPREMACY + + +The state election in 1870 resulted in a victory for the Democratic and +Conservative party, but there was a persistent effort to deprive that +party of the fruits of victory. There was instituted on behalf of the +incumbent governor and treasurer a proceeding in the chancery court to +enjoin the presiding officer of the senate from counting the votes for +candidates for those two offices. The legislature met November 20, and the +law required that the vote be counted, with the two houses assembled +jointly, within the first week. In the proceedings instituted, Governor +Smith alleged irregularity in the election. The judge of the circuit court +refused to grant an injunction, on the ground that the legislature could +not be enjoined by a court. It was then filed with a supreme court judge. +It prayed that the presiding officer of the senate be restrained from +counting the vote until the legislature could provide rules by which the +proposed contest should be tried. Judge Saffold, as chancellor, granted +the injunction. Lieutenant-Governor Applegate was dead, and Barr, an Ohio +man, was presiding. The injunction was served on Barr, and he very +cheerfully obeyed it. + +There are some interesting facts in relation to this senate. The radical +constitution gerrymandered the senatorial districts, in some instances +apportioning a senator to a single county; in others, a senator to a group +of three or four counties, with nearly threefold greater population. + +The constitution provided that representatives in the legislature should +be elected for two years, and senators for four years; that one-half of +the seats of senators first elected (in 1868) should be declared vacant at +the end of two years, thus providing for continuation of a certain number. +In accordance with this provision, at the session in November the question +whether the senators should draw for the long and short terms was +discussed; nobody wished to vacate his seat, and by hocus-pocus they +reached the conclusion that all should hold over. Consequently, one-half +of them sat four years and the others for six. This procedure contributed +much to the complication of affairs. This senate connived at the attempt +to prevent the count of returns. + +At noon on the last day of the week the two houses assembled and Barr +proceeded to count the returns for other officers, declaring that for +Lieutenant-governor E. H. Moren had received a majority of the votes cast +at the election; that for secretary of state J. J. Parker had defeated J. +T. Rapier; that W. A. Sanford had defeated Joshua Morse in the race for +attorney-general; that Joseph Hodgson succeeded N. B. Cloud as +superintendent of public instruction. These winners were all Democrats. As +soon as he had declared these results. Barr and the radical senators +withdrew. Lieutenant-Governor Moren then appeared, took the oath of +office, assumed the chair of the presiding officer, and directed that the +returns for governor and treasurer be brought in. This being done, he +proceeded forthwith to count them and declared that Robert B. Lindsay, for +governor, and James F. Grant, for treasurer, had received majorities, and +to proclaim them duly elected. These officers were sent for and sworn in. +Consternation seized the Republican leaders. They were caught in their own +trap, for the injunction had been served on Barr and he had qualified his +own successor in the person of Dr. Moren, who as lieutenant-governor was +unaffected by the injunction. Lindsay lost no time in demanding possession +of the office, but Smith refused to yield and had federal soldiers +guarding all entrances to the offices of governor and treasurer. + +Judge J. Q. Smith went from Selma to Montgomery, and before him Lindsay +and Grant instituted proceedings, demanding that the seal and all books +and papers and other property pertaining to the offices of governor and +treasurer be delivered to them, respectively. The proceedings lasted +several days. Meanwhile, Montgomery was fast filling up with young men, +strangers in the community, and there were rumors that bodies of men in +near-by towns were awaiting summons to the capital, and that locomotives +with steam up and cars attached, ready for service, were side-tracked at a +number of stations. Judge Smith's court-room was daily crowded with +strange men. Excitement was intense. + +Lindsay in his complaint alleged that he was the qualified successor of +Governor Smith; that he had made a demand upon him for the books, papers +and paraphernalia of the office of governor, and that Smith refused to +deliver them. The trial was set for three o'clock in the afternoon, and +Governor Smith was ordered to appear in person in court and show cause why +he should not be compelled to deliver the property demanded. Governor +Smith did not like the appearance which Montgomery had assumed, nor did he +relish the necessity of appearing in that court-room and before that +audience contesting the right of the people's representatives to assume +the offices to which they had elected them, nor the certainty that as soon +as judgment should be given against him an order for commitment to custody +would issue. Accordingly, he had a conference with General Pettus, and +soon thereafter announced that he "would yield, upon the ground that, +although he was satisfied he was fairly and lawfully re-elected, his +continuance of the litigation and the contest in the palpable excitement +that surrounded the whole matter would tend to disturb the public peace; +and the detriment to the material interests of the people of the state +would be infinitely greater than the possession of the office itself by +any particular man could possibly compensate." + +Thus negro domination in Alabama was overcome. + +And the Ku Klux rode no more. + + + + + + +End of the Project Gutenberg EBook of When the Ku Klux Rode, by Eyre Damer + +*** END OF THIS PROJECT GUTENBERG EBOOK WHEN THE KU KLUX RODE *** + +***** This file should be named 35771.txt or 35771.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/5/7/7/35771/ + +Produced by Bryan Ness and the Online Distributed +Proofreading Team at https://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. 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